GONZALEZ et al v. A BETTER PLUMBING SERVICE INC. et al
| JOSE O. ABREU and JOSE R. GONZALEZ |
| DAVID WEEKLEY and A BETTER PLUMBING SERVICE INC. |
| 0:2018cv62615 |
| October 30, 2018 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 19, 2018. A more recent docket listing may be available from PACER.
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| Filing 14 FINAL DEFAULT JUDGMENT in favor of JOSE O. ABREU against A BETTER PLUMBING SERVICE INC., DAVID WEEKLEY; in favor of JOSE R. GONZALEZ against A BETTER PLUMBING SERVICE INC., DAVID WEEKLEY; Case Closed. Signed by Judge Darrin P. Gayles on 12/19/2018. See attached document for full details. (jao) |
Filing 13
ORDER re: #12 Motion for Default Judgment. Signed by Judge Darrin P. Gayles on 12/19/2018. See attached document for full details. (jao)
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| Filing 12 Plaintiff's MOTION for Default Judgment by JOSE O. ABREU, JOSE R. GONZALEZ. (Attachments: #1 Exhibit A)(Palma, Zandro) |
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Filing 11
NOTICE OF COURT PRACTICE ON DEFAULT PROCEDURE. Plaintiff effectuated service of the summons and complaint on Defendant on November 5, 2018 [ECF No. 6]. Defendant, however, has failed to plead or otherwise defend this action after being served with process. The Clerk entered a Clerk's Default on December 6, 2018 [ECF No. 1o]. Accordingly, within ten (10) days of entry of default by the Clerk, Plaintiff shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiffs failure to file a Motion for Final Default Judgment on or before the date set forth above may result in dismissal of the instant action. Plaintiff shall immediately provide Defendant with a copy of this Order via certified mail. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 10 Clerks Entry of Default as to A Better Plumbing Service Inc., David Weekley - Signed by DEPUTY CLERK on 12/6/2018. (pes) |
| Filing 9 MOTION for Clerks Entry of Default as to A BETTER PLUMBING SERVICE INC., DAVID WEEKLEY by JOSE R. GONZALEZ, JOSE O. ABREU. (Palma, Zandro) |
| Filing 8 Statement of: Claim by JOSE O. ABREU, JOSE R. GONZALEZ re 5 Notice of Court Practice,,,,,,, (Palma, Zandro) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by JOSE R. GONZALEZ, JOSE O. ABREU. DAVID WEEKLEY served on 11/5/2018, answer due 11/26/2018. (Palma, Zandro) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by JOSE R. GONZALEZ. A BETTER PLUMBING SERVICE INC. served on 11/5/2018, answer due 11/26/2018. (Palma, Zandro) |
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Filing 5
NOTICE OF COURT PRACTICE. The Complaint in this action is filed under the Fair Labor Standards Act, 29 U.S.C. 201 et seq. ("FLSA"). In order to assist the Court in the management of this case, and in an effort to foster early and cost-effective resolution, the parties are ORDERED to comply with the following procedures: Under Rule 8 of the Federal Rules of Civil Procedure, a plaintiff is required to state a "short and plain statement of the claim." While this Rule places only a light burden on a plaintiff, the Court requires complaints filed under the FLSA to include, at a minimum, a statement setting forth the following with respect to each Plaintiff: (a) An initial estimate of the total amount of alleged unpaid wages; (b) A preliminary calculation of such wages; (c) The approximate period during which the alleged FLSA violations occurred; and (d) The nature of the wages (e.g., overtime or straight time). Plaintiff is directed to file a "Statement of Claim" by November 13, 2018. Plaintiffs shall promptly serve a copy of this Order, the Statement of Claim, and copies of all supporting documents (including time sheets, pay stubs, etc.) upon counsel for Defendants once an appearance has been made or at the time the Statement of Claim is filed (if defense counsel has already appeared). Defendants shall then file a "Response to Plaintiff's Statement of Claim" setting forth in detail any defenses to Plaintiff's claims and serve copies of all supporting documents within twenty (20) days of being served with Plaintiff's Statement of Claim. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the dismissal of this action or entry of default. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 4 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (lfn) |
| Filing 3 Summons Issued as to A BETTER PLUMBING SERVICE INC., DAVID WEEKLEY. (jao) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Barry S. Seltzer 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. (jao) |
| Filing 1 COMPLAINT against A BETTER PLUMBING SERVICE INC., DAVID WEEKLEY. Filing fees $ 400.00 receipt number 113C-11119902, filed by JOSE R. GONZALEZ, JOSE O. ABREU. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Palma, Zandro) |
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