Giannola v. D & S Management Services, Inc. et al
Plaintiff: Tina Giannola
Defendant: D & S Management Services, Inc. and Daniel Grossman
Case Number: 0:2019cv60754
Filed: March 22, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Roy K Altman
Referring Judge: Patrick M Hunt
2 Judge: Jose E Martinez
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 0201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2019 Opinion or Order Filing 30 ORDER granting #29 Motion for Settlement; granting #29 Motion to Dismiss. Signed by Judge Roy K. Altman on 7/8/2019. See attached document for full details. (drz)
June 20, 2019 Filing 29 Joint MOTION for Settlement APPROVAL ( Responses due by 7/8/2019), Joint MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), WITH PREJUDICE by Tina Giannola. (Attachments: #1 Exhibit A - Revised Settlement Agreement, #2 Text of Proposed Order)(Shulman, Brody)
June 13, 2019 Opinion or Order Filing 28 ORDER denying #27 Motion for Settlement. and Closing Case. Signed by Judge Roy K. Altman on 6/12/2019. See attached document for full details. (drz) Modified on 6/20/2019 to change to opinion per chambers(ch1).
June 13, 2019 Civil Case Terminated per order DE#28 . Closing Case. (drz)
June 11, 2019 Filing 27 Renewed MOTION for Settlement Approval and for Dismissal with Prejudice by D & S Management Services, Inc., Daniel Grossman. Responses due by 6/25/2019 (Attachments: #1 Exhibit A. Settlement Agreement, #2 Exhibit B. Proposed Order)(Entin, Joshua)
June 7, 2019 Opinion or Order Filing 26 ORDER denying without prejudice #24 Motion for Settlement. Revised Motion and Settlement Agreement due by 6/14/2019. Signed by Judge Roy K. Altman on 6/6/2019. See attached document for full details. (drz)
June 5, 2019 Filing 25 FINAL MEDIATION REPORT by Marlene Quintana. Disposition: Settled in full.(Quintana, Marlene)
June 5, 2019 Filing 24 Joint MOTION for Settlement Approval by D & S Management Services, Inc., Daniel Grossman. Responses due by 6/19/2019 (Attachments: #1 Exhibit A. Settlement Agreement, #2 Exhibit B. Proposed Order)(Entin, Joshua)
May 6, 2019 Opinion or Order Filing 23 ORDER Scheduling Mediation before Marlene Quintana, Esq.. Mediation Hearing set for 6/4/2019 10:00 AM. Signed by Judge Roy K. Altman on 5/6/2019. See attached document for full details. (jas)
May 6, 2019 Filing 22 NOTICE of Mediator Selection and Hearing. Added Tina Giannola, Marlene Quintana. Mediation Hearing set for 6/4/2019 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order)(Shulman, Brody)
May 6, 2019 Attorney Samantha Tesser Haimo terminated as per new counsel filed at DE #17 . (lk)
May 1, 2019 Filing 21 Statement of: Response to Statement of Claim by D & S Management Services, Inc., Daniel Grossman re #16 Statement (Entin, Joshua)
April 29, 2019 Opinion or Order Filing 20 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Amended Pleadings due by 6/5/2019., Discovery due by 9/9/2019., Expert Discovery due by 9/9/2019., Joinder of Parties due by 6/5/2019., Mediation Deadline 9/16/2019., In Limine Motions due by 11/13/2019., Dispositive Motions due by 10/2/2019., Motions due by 10/2/2019., Pretrial Stipulation due by 11/13/2019., Jury Trial set for 2/3/2020 in Fort Lauderdale Division before Judge Roy K. Altman., Calendar Call set for 1/28/2020 01:45 PM in Fort Lauderdale Division before Judge Roy K. Altman.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 9/16/2019.), ORDER REFERRING CASE to Magistrate Judge Magistrate Judge Patrick M. Hunt for Discovery Matters. Signed by Judge Roy K. Altman on 4/27/2019. See attached document for full details. (drz) #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.
April 29, 2019 Filing 19 STATUS REPORT (Removal) by D & S Management Services, Inc., Daniel Grossman (Entin, Joshua)
April 18, 2019 Filing 18 Joint SCHEDULING REPORT - Rule 16.1 by Tina Giannola (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B- Magistrate Jurisdiction Form)(Green, Waynice)
April 18, 2019 Filing 17 NOTICE of Attorney Appearance by Joshua Michael Entin on behalf of D & S Management Services, Inc., Daniel Grossman. Attorney Joshua Michael Entin added to party D & S Management Services, Inc.(pty:dft), Attorney Joshua Michael Entin added to party Daniel Grossman(pty:dft). (Entin, Joshua)
April 17, 2019 Filing 16 Statement of: OF CLAIM by Tina Giannola re #7 Notice of Court Practice/to Appear/Other (Shulman, Brody)
April 16, 2019 Opinion or Order Filing 15 PAPERLESS ORDER GRANTING IN PART AND DENYING IN PART #14 Defendants' Unopposed Motion for Leave to Withdraw as Counsel of Record for Defendants and for Enlargement of Time to Comply With Pending Deadlines. The Motion is GRANTED to the extent that Samantha Tesser Haimo and the law firm of Feigeles & Haimo, LLP, are as to Defendant Daniel Grossman hereby discharged from any and all further representation, duties and obligations in this cause. All future pleadings should be served on Defendant Grossman at 9116 Griffin Road, Cooper City, FL 33328, and the email address of Dan@DSCPAFL.com. Defendant D & S Management Services, Inc., is a corporation, and "[t]he rule is well established that a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel." Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985). Therefore, the Motion is DENIED as to Defendant D & S Management Services, Inc. Defendant D & S Management Services, Inc., shall obtain new counsel within 15 days from the date of this Order. The Motion for Enlargement of Time is GRANTED to the extent that the Parties' Joint Scheduling Report and Proposed Order are due on or before April 19, 2019. The Motion is otherwise DENIED. Signed by Magistrate Judge Patrick M. Hunt on 4/16/2019. (hhr)
April 16, 2019 Filing 14 MOTION to Withdraw as Attorney and for Enlargement of Time to Comply with Pending Deadlines by Samantha Tesser Haimo for / by D & S Management Services, Inc., Daniel Grossman. Responses due by 4/30/2019 (Attachments: #1 Text of Proposed Order)(Haimo, Samantha)
April 16, 2019 Opinion or Order Filing 13 CERTIFICATION AND ORDER OF TRANSFER TO MAGISTRATE JUDGE. Magistrate Judge Patrick M. Hunt added. Magistrate Judge Lurana S. Snow no longer assigned to case. Signed by Magistrate Judge Lurana S. Snow on 4/16/2019. See attached document for full details. (bms)
April 11, 2019 Opinion or Order Filing 12 ORDER OF REASSIGNMENT to Judge Roy K Altman for all further proceedings, Judge Jose E. Martinez no longer assigned to case. Signed by Judge Jose E. Martinez on 04/11/2019. See attached document for full details. (yar)
April 11, 2019 Filing 11 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by D & S Management Services, Inc., Daniel Grossman (Haimo, Samantha)
April 2, 2019 Filing 10 Certificate of Other Affiliates by Tina Giannola (Green, Waynice)
April 2, 2019 Filing 9 NOTICE of Attorney Appearance by Brody Max Shulman on behalf of Tina Giannola. Attorney Brody Max Shulman added to party Tina Giannola(pty:pla). (Shulman, Brody)
March 29, 2019 Filing 8 Defendants' ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by D & S Management Services, Inc., Daniel Grossman. (Haimo, Samantha)
March 28, 2019 Filing 7 Notice of Court Practices in FLSA Cases. Signed by Judge Jose E. Martinez on 3/28/2019. See attached document for full details. (drz)
March 27, 2019 Filing 6 Notice of Court Practice in Removal Cases. Signed by Judge Jose E. Martinez on 3/27/2019. See attached document for full details. (dq)
March 27, 2019 Opinion or Order Filing 5 Order Requiring Joint Scheduling Report. Signed by Judge Jose E. Martinez on 3/27/2019. See attached document for full details. (dq)
March 22, 2019 Filing 4 NOTICE by D & S Management Services, Inc., Daniel Grossman re 3 Clerks Notice to Filer re: Electronic Case Notice of Filing Civil Cover Sheet (Attachments: #1 Exhibit) (Haimo, Samantha)
March 22, 2019 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. (cds)
March 22, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. 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. (cds)
March 22, 2019 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-11497240, filed by Daniel Grossman, D & S Management Services, Inc.. (Attachments: #1 Exhibit A)(Haimo, Samantha) Text Modified on 3/22/2019 (cds).No Answer/ Motion To Dismiss Filed.

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Defendant: D & S Management Services, Inc.
Represented By: Samantha Tesser Haimo
Represented By: Joshua Michael Entin
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Defendant: Daniel Grossman
Represented By: Samantha Tesser Haimo
Represented By: Joshua Michael Entin
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Plaintiff: Tina Giannola
Represented By: Jorge Freddy Perera
Represented By: Waynice Amoii Green
Represented By: Valerie Barton Barnhart
Represented By: Brody Max Shulman
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