McPhee v. Wells Fargo Bank, N.A.
| Theo McPhee |
| Wells Fargo Bank, N.A. |
| 0:2017cv62308 |
| November 22, 2017 |
| US District Court for the Southern District of Florida |
| Ft Lauderdale Office |
| Broward (Office: Ft Lauderdale) |
| Robert N Scola |
| Lurana S Snow |
| Labor: Fair Standards |
| 28 U.S.C. § 1441 Notice of Removal - Labor |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 14, 2018. A more recent docket listing may be available from PACER.
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Filing 34
ORDER granting #33 Joint MOTION For Approval of Settlement and Dismiss Action with Prejudice. Signed by Judge Robert N. Scola, Jr on 3/13/2018. (vmz)
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| Filing 33 Joint MOTION For Approval of Settlement and Dismiss Action with Prejudice by Theo McPhee. (Attachments: #1 Exhibit Agreement, #2 Text of Proposed Order)(Lewis, Nathaly) |
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Filing 32
Order Administratively Closing Case Upon Notice Of Settlement. Motions terminated: #21 Plaintiff's MOTION to Certify Class of FLSA Collective Action filed by Theo McPhee. Signed by Judge Robert N. Scola, Jr on 2/9/2018. (vmz) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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| Filing 31 NOTICE of Settlement JOINT Notice of Settlement by Wells Fargo Bank, N.A. (Smallwood, Katherine) |
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Filing 30
ORDER Scheduling Mediation before Karen Evans Mediation Hearing set for 4/4/2018 10:00 AM Signed by Judge Robert N. Scola, Jr on 1/29/2018. (vmz)
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| Filing 29 NOTICE of Mediator Selection and Hearing. Added Karen Evans. Mediation Hearing set for 4/4/2018 at 10:00 a.m.. (Hoogerwoerd, Peter) |
| Filing 28 ANSWER to Amended Complaint by Wells Fargo Bank, N.A.. (Smallwood, Katherine) |
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Filing 27
PAPERLESS ORDER: The Court grants in part #24 the Defendant's unopposed motion for extension of time. The Defendant shall file its response to the motion for conditional certification #21 on or before February 12, 2018. Responses due by 2/12/2018. Signed by Judge Robert N. Scola, Jr. (ak02)
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| Filing 26 Plaintiff's AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave.(Hoogerwoerd, Peter) |
| Filing 25 NOTICE of Striking #22 Agreed MOTION for Extension of Time to Amend #14 Scheduling Order, Order Referring Case to Mediation,,,, #1 Notice of Removal (State Court Complaint), filed by Theo McPhee Due to Mootness by Theo McPhee (Hoogerwoerd, Peter) |
| Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #21 Plaintiff's MOTION to Certify Class of FLSA Collective Action by Wells Fargo Bank, N.A.. (Attachments: #1 Text of Proposed Order)(Smallwood, Katherine) |
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Filing 23
PAPERLESS ORDER: The Court grants #20 the Plaintiff's motion for leave to amend the complaint. The amended pleading attached to the motion shall be deemed filed as of January 11, 2018. Nevertheless, the Plaintiff shall also separately file the amended complaint pursuant to Local Rule 15.1. The amended complaint supersedes the original complaint. Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342, 1345 n.1 (11th Cir. 1999). As a result, the pending motion for judgment on the pleadings #11 is denied as moot "because that motion seeks to dismiss a pleading that will have been superseded. Brown v. Credit Mgmt., LP, No. 1:14-CV-2274-TWT, 2015 WL 224758, at *2 (N.D. Ga. Jan. 15, 2015); see also Gulf Coast Recycling, Inc. v. Johnson Controls, Inc., No. 8:07CV2143T30TBM, 2008 WL 434880, at *1 (M.D.Fla. Feb.14, 2008) (denying as moot a motion to dismiss because "[a]n amended complaint completely supersedes the original complaint, and once a complaint is amended, the only issues before the Court are the ones raised in the text of the amended complaint"). Furthermore, because the Court is permitting the amendment, the agreed motion for extension of the deadline to amend #22 is also denied as moot. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Robert N. Scola, Jr. (ak02)
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| Filing 22 Agreed MOTION for Extension of Time to Amend #14 Scheduling Order, Order Referring Case to Mediation,,,, #1 Notice of Removal (State Court Complaint), by Theo McPhee. Responses due by 1/25/2018 (Attachments: #1 Exhibit A - Conferral Correspondence, #2 Exhibit B - Conferral Correspondence)(Hoogerwoerd, Peter) |
| Filing 21 Plaintiff's MOTION to Certify Class of FLSA Collective Action by Theo McPhee. Responses due by 1/25/2018 (Attachments: #1 Exhibit A - Declaration in Support of Conditional Certification, #2 Exhibit B - Opt In Notice, #3 Exhibit C - Opt In Consent Form)(Hoogerwoerd, Peter) |
| Filing 20 Plaintiff's MOTION to Amend/Correct Complaint by Theo McPhee. Responses due by 1/25/2018 (Attachments: #1 Exhibit A - Amended Complaint)(Hoogerwoerd, Peter) |
| Filing 19 Defendant's REPLY in Support of its Motion for Judgment on the Pleadings by Wells Fargo Bank, N.A.. (Smallwood, Katherine) |
| Filing 18 RESPONSE in Opposition re #11 Defendant's MOTION for Judgment on the Pleadings filed by Theo McPhee. Replies due by 1/2/2018. (Hoogerwoerd, Peter) |
| Filing 17 Defendant's RESPONSE to #16 Statement of Claim (Amended) by Wells Fargo Bank, N.A.. (Smallwood, Katherine) |
| Filing 16 Statement of: Claim Amended by Theo McPhee re #15 Statement, #3 Order,, Order of Requirements,, Order Referring Case to Magistrate Judge, (Lewis, Nathaly) |
| Filing 15 Statement of: Claim by Theo McPhee re #3 Order,, Order of Requirements,, Order Referring Case to Magistrate Judge, (Lewis, Nathaly) |
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Filing 14
Scheduling Order And Order Of Referral To Mediation: ( Amended Pleadings due by 1/11/2018., Expert Discovery due by 5/10/2018., Fact Discovery due by 3/22/2018., Joinder of Parties due by 1/11/2018., In Limine Motions due by 6/5/2018., Dispositive Motions due by 4/5/2018., Motions due by 6/5/2018., Pretrial Stipulation due by 7/9/2018., Status Report due by 2/15/2018.) Mediation Deadline 4/19/2018. Signed by Judge Robert N. Scola, Jr on 12/14/2017. (vmz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Per DE #14 Calendar Call set for 7/31/2018 09:00 AM in Miami Division before Judge Robert N. Scola Jr.. Jury Trial set for 8/6/2018 before Judge Robert N. Scola Jr.. (vmz) |
| Filing 13 Joint SCHEDULING REPORT - Rule by Wells Fargo Bank, N.A. (Smallwood, Katherine) |
| Filing 12 Corporate Disclosure Statement by Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A. (Smallwood, Katherine) |
| Filing 11 Defendant's MOTION for Judgment on the Pleadings by Wells Fargo Bank, N.A.. (Smallwood, Katherine) |
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Filing 10
PAPERLESS ORDER: The Court grants #7 counsel's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Timothy M. Watson is given permission to appear and participate in this matter on behalf of Defendant Wells Fargo Bank, N.A. The Clerk is directed to provide this attorney with notification of all electronic filings via the email address set forth in the Motion. Signed by Judge Robert N. Scola, Jr. (ak02)
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Filing 9
PAPERLESS ORDER: The Court grants #6 counsel's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Louisa J. Johnson is given permission to appear and participate in this matter on behalf of Defendant Wells Fargo Bank, N.A. The Clerk is directed to provide this attorney with notification of all electronic filings via the email address set forth in the Motion. Signed by Judge Robert N. Scola, Jr. (ak02)
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Filing 8
PAPERLESS ORDER: The Court grants #5 counsel's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Richard L. Alfred is given permission to appear and participate in this matter on behalf of Defendant Wells Fargo Bank, N.A. The Clerk is directed to provide this attorney with notification of all electronic filings via the email address set forth in the Motion. Signed by Judge Robert N. Scola, Jr. (ak02)
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| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Timothy M. Watson. Filing Fee $ 75.00 Receipt # 113C-10243425 by Wells Fargo Bank, N.A.. Responses due by 12/21/2017 (Smallwood, Katherine) |
| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Louisa J. Johnson. Filing Fee $ 75.00 Receipt # 113C-10243407 by Wells Fargo Bank, N.A.. Responses due by 12/21/2017 (Smallwood, Katherine) |
| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Richard L. Alfred. Filing Fee $ 75.00 Receipt # 113C-10243359 by Wells Fargo Bank, N.A.. Responses due by 12/21/2017 (Smallwood, Katherine) |
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Filing 4
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES Signed by Magistrate Judge Lurana S. Snow on 11/28/2017. (vmz)
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Filing 3
ORDER Requiring Discovery And Scheduling Conference,, Order Requiring Statement Of Claim And Response In FLSA Case, And ORDER REFERRING CASE to Magistrate Judge Lurana S. Snow for Discovery Matters. Signed by Judge Robert N. Scola, Jr on 11/27/2017. (vmz)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (rms1) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-10210614, filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A - Copies of Summons, Complaint and Defendant's Answer, #2 Civil Cover Sheet Civil Cover Sheet)(Smallwood, Katherine) |
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