Chaviano v. CWC Transportation, LLC et al
| Juan Chaviano |
| William Masaro, CWC Transportation, LLC, Clemente E. Cruz and Carlos Assayag |
| 0:2018cv62520 |
| October 21, 2018 |
| US District Court for the Southern District of Florida |
| Patrick M Hunt |
| K Michael Moore |
| Labor: Fair Standards |
| 29 U.S.C. ยง 0201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 13, 2018. A more recent docket listing may be available from PACER.
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice of Voluntary Dismissal. #9 . Rule 41(a)(1) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim without prejudice prior to a defendant's filing of an answer or a motion for summary judgment. Here, neither an answer nor motion for summary judgment has been filed. UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITHOUT PREJUDICE. The Clerk of the Court is instructed to CLOSE this Case. All pending motions are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 11/13/2018. (ah03)
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| Filing 9 NOTICE of Voluntary Dismissal Without Prejudice by Juan Chaviano (Kozolchyk, Elliot) |
| Filing 8 NOTICE of Attorney Appearance by Rebecca Rae Anguiano on behalf of Carlos Assayag, CWC Transportation, LLC, Clemente E. Cruz, William Masaro. Attorney Rebecca Rae Anguiano added to party Carlos Assayag(pty:dft), Attorney Rebecca Rae Anguiano added to party CWC Transportation, LLC(pty:dft), Attorney Rebecca Rae Anguiano added to party Clemente E. Cruz(pty:dft), Attorney Rebecca Rae Anguiano added to party William Masaro(pty:dft). (Anguiano, Rebecca) |
| Filing 7 NOTICE of Attorney Appearance by Bruce Scott Liebman on behalf of Carlos Assayag, CWC Transportation, LLC, Clemente E. Cruz, William Masaro. Attorney Bruce Scott Liebman added to party Carlos Assayag(pty:dft), Attorney Bruce Scott Liebman added to party CWC Transportation, LLC(pty:dft), Attorney Bruce Scott Liebman added to party Clemente E. Cruz(pty:dft), Attorney Bruce Scott Liebman added to party William Masaro(pty:dft). (Liebman, Bruce) |
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Filing 6
ORDER OF RECUSAL signed by Magistrate Judge Lurana S. Snow on 10/23/2018. Magistrate Judge Lurana S. Snow recused. Case randomly reassigned by Clerk to Magistrate Judge Patrick M. Hunt for all further proceedings. See attached document for full details. (ane)
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LURANA S. SNOW. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lurana S. Snow to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lurana S. Snow's discovery procedures, which the parties shall be advised of by the entry of an Order. Signed by Chief Judge K. Michael Moore on 10/23/2018. (ah03)
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Filing 4
PAPERLESS NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. This is a Fair Labor Standards Act case in which Plaintiff seeks unpaid wages. In order to assist the Court in the management of the case, and in an effort to foster its early and cost effective resolution, the Parties are hereby ordered that: 1. Plaintiff shall file a Statement of Claim (the Statement) setting forth the amount of alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g., overtime or regular) within twenty (20) days from the date of this Notice. Plaintiff shall promptly serve a copy of this Notice, the Statement, and copies of all documents supporting Plaintiff's claims (e.g., time sheets, pay stubs, etc.), on Defendant's counsel when counsel for Defendant first appears in the case or at the time of filing if Defendant's counsel has already appeared. The Statement shall include all attorneys fees and costs incurred to date. With respect to attorney's fees, provide the hourly rate sought and the number of hours expended by each person billing time. 2. Defendant shall file a Response within fifteen (15) days of receiving service of Plaintiff's statement. This Response shall set forth in detail Defendants defenses to Plaintiff's claims. Defendant shall serve copies of all documents in support thereof on Plaintiff. 3. Referral to Magistrate for Settlement Conference. Pursuant to Rule 1 of the Magistrate Rules of the Southern District of Florida, the Parties shall conduct a Settlement Conference before Magistrate Judge Lurana S. Snow within twenty (20) days after the date that Defendant's Response is due. Plaintiff's counsel must confer with defense counsel and contact the Chambers of Magistrate Judge Lurana S. Snow on, or before, the date that Defendant's Response is due to schedule a date for the Settlement Conference. The Settlement Conference date may not be extended without prior approval from Magistrate Judge Snow. Absent an extension from Magistrate Judge Snow, the Parties shall complete their Settlement Conference within fifty-five (55) days of this Notice. If the Parties reach an agreement during the Settlement Conference the Parties shall file the agreement with the undersigned within five (5) days of the Settlement Conference. If the Parties wish to file the settlement agreement as a sealed document, they must file a Motion to Seal that provides compelling reasons for the Court to allow them to do so. See Brown v. Advantage Eng'g, Inc., 960 F.2d 1013, 1016 (11th Cir. 1992) ("If a settlement agreement is filed with the court for approval or interpretation, then the parties must demonstrate extraordinary circumstances in order to deny the public access to the agreement."); see also Hanson v. Wells Fargo Bank, N.A., No. 08-80182-CIV, 2009 WL 1490582, at *1 (S.D. Fla. May 26, 2009) ("'[A] business's general interest in keeping its legal proceedings private does not overcome the presumption of openness' in FLSA cases.") (citing Stalnaker v. Novar Corp., 293 F. Supp. 2d 1260, 1264 (M.D. Ala. 2003)). The undersigned will review the agreement and determine whether it is a fair and reasonable resolution of a bona fide dispute over FLSA issues. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982). If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. If no settlement is reached, the Parties shall file a Joint Scheduling Report within fourteen (14) days after the Settlement Conference. 4. Except as provided under Local Rule 16.2.E for public-sector entities, the appearance of counsel and each party, or representatives of each party with full authority to enter into a full and complete compromise and settlement, is mandatory. Appearance shall be in person; telephonic appearance is prohibited. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the settlement conference shall be confidential and privileged. Nothing disclosed in the settlement conference can be used for any purpose except settlement. 6. Settlement. If this case is settled, counsel must inform the Court within three (3) days by calling Chambers. 7. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. 8. Non-compliance with Order. Non-compliance with any provision of this Order, the Federal Rules of Civil Procedure, and/or the Local Rules of Court, may subject the offending party to sanctions or dismissal. It is the duty of all counsel to take all actions necessary to comply with this Order to ensure an expeditious resolution of this matter. Signed by Chief Judge K. Michael Moore on 10/23/2018. (ah03)
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| Filing 3 Summons Issued as to Carlos Assayag, CWC Transportation, LLC, Clemente E. Cruz and William Masaro. (ar2) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. 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. (ar2) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11092526, filed by Juan Chaviano. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit A - Plaintiff's Statement of Claim)(Kozolchyk, Elliot) |
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