Borges v. Papa Hughie's Seafood World, Inc. et al
| Rafael Borges |
| Hugh Ganter, Troy Ganter and Papa Hughie's Seafood World, Inc. |
| 0:2018cv62853 |
| November 21, 2018 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Lurana S Snow |
| Labor: Fair Standards |
| 15 U.S.C. § 0002 |
| Defendant |
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This docket was last retrieved on January 17, 2019. A more recent docket listing may be available from PACER.
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Filing 18
PAPERLESS NOTICE OF COURT PRACTICE UPON NOTICE OF SETTLEMENT. THIS CAUSE came before the Court upon the filing of Sealed Court Minutes 17 , stating that the Parties have reached a settlement in this matter following a settlement conference before Magistrate Judge Lurana S. Snow. The Parties are hereby directed to file a copy of the settlement agreement with the Court no later than twenty (20) days from the date of this order. Pursuant to Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), claims for back wages arising under the FLSA may be settled only with approval of the Court or the Secretary of Labor. The Parties are reminded that FLSA requires judicial review of the reasonableness of counsels legal fees to assure both that counsel is compensated adequately and that no conflict of interest taints the amount the wronged employee recovers under a settlement agreement. Silva v. Miller, 307 F. App'x 349, 351 (11th Cir. 2009). Thus, if the settlement agreement itself does not disclose the amount paid to the Plaintiff and counsel's attorney fees, they should be separately indicated. The Parties should also include in their filing any information that they believe is relevant to determining the fairness of the fee. Further, if the Parties intend to keep the settlement agreement confidential, they may move the Court to file the settlement agreement under seal. The Parties should keep in mind, however, that this Court routinely requires the public filing of FLSA settlement agreements, citing the presumption of public access to judicial documents and the FLSA's purpose of advancing employees' awareness of their FLSA rights. See, e.g., Molnoski v. Batmasian, No. 16-cv-81789, 2017 WL 2984164, *1 (S.D. Fla. July 12, 2017). The Parties should therefore show good cause why any such agreement should be filed under seal. If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. The Clerk of Court is instructed to administratively CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 1/17/2019. (osk)
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| SYSTEM ENTRY - Docket Entry 17 [minutes] restricted/sealed until further notice. (dd) |
| Filing 16 PAPERLESS NOTICE of HEARING: A Settlement Conference is scheduled for 1/16/2019 @ 2:00 p.m. in the Fort Lauderdale Division before the undersigned at the United States Courthouse, 299 E. Broward Boulevard, Courtroom 203D, Fort Lauderdale, Florida 33301. All parties must be present. Further, to the extent that the Settlement Conference will take place more than 55 days from the date of the Paperless Notice of Court Practice 4 , the undersigned hereby approves an extension beyond the 55-day period, consistent with the above. (jz) |
| Filing 15 RESPONSE to #13 Statement of Claim (Amended) by Hugh Ganter, Troy Ganter, Papa Hughie's Seafood World, Inc.. (Castillo, Angel) |
| Filing 14 Defendants' ANSWER and Affirmative Defenses to Complaint with Jury Demand by Hugh Ganter, Troy Ganter, Papa Hughie's Seafood World, Inc.. Attorney Angel Castillo, Jr added to party Hugh Ganter(pty:dft), Attorney Angel Castillo, Jr added to party Troy Ganter(pty:dft), Attorney Angel Castillo, Jr added to party Papa Hughie's Seafood World, Inc.(pty:dft). (Castillo, Angel) |
| Filing 13 Statement of: Claim Amended by Rafael Borges (Robles, Richard) |
| Filing 12 Statement of: Claim by Rafael Borges (Robles, Richard) |
| Filing 11 Summons Issued as to Hugh Ganter, Troy Ganter, Papa Hughie's Seafood World, Inc.. (jas) |
| Filing 10 NOTICE of Filing Proposed Summons(es) by Rafael Borges (Robles, Richard) |
| Filing 9 NOTICE of Filing Proposed Summons(es) by Rafael Borges (Robles, Richard) |
| Filing 8 NOTICE of Filing Proposed Summons(es) by Rafael Borges (Robles, Richard) |
| Filing 7 NOTICE by Rafael Borges Civil Cover Sheet (Robles, Richard) |
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Filing 6
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES. Signed by Magistrate Judge Lurana S. Snow on 11/26/2018. See attached document for full details. (jas)
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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 11/26/2018. (osk)
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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 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 11/26/2018. (osk)
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| Filing 3 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (pes) |
| 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. (pes) |
| Filing 1 COMPLAINT against Rafael Borges. Filing fees $ 400.00 receipt number 113C-11183375, filed by Rafael Borges.(Robles, Richard) |
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