Schumacher v. Hayes Medical Staffing, LLC. et al
| Kenneth Schumacher |
| Hayes Medical Staffing, LLC., John Hayes, Ryan Scharer and Robert Moses |
| 0:2019cv60920 |
| April 8, 2019 |
| U.S. District Court for the Southern District of Florida |
| Joan A Lenard |
| Alicia O Valle |
| Labor: Fair Standards |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 3, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 50 REPLY to Response to Motion re #33 Defendant's MOTION for Sanctions Pursuant to Section 57.105 of the Florida Statues and Supporting Memorandum of Law filed by Hayes Medical Staffing, LLC.. (Attachments: #1 Exhibit A - Exit Paperwork)(Hooker, Valerie) |
| Filing 49 REPLY to Response to Motion re #31 MOTION TO DISMISS #23 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by John Hayes, Hayes Medical Staffing, LLC., Robert Moses, Ryan Scharer. (Attachments: #1 Exhibit A - Order Granting Leave to File Second Amended Complaint)(Hooker, Valerie) |
Filing 48
PAPERLESS ORDER GRANTING #46 Defendants' Unopposed Motion for Extension of Time to File a Reply in Support of Their Motion to Dismiss Plaintiff's Second Amended Complaint, and GRANTING #47 Defendant's Unopposed Motion for Extension of Time to File a Reply in Support of Their Motion for Sanctions. Defendants' shall have until and including July 3, 2019 to file Replies in support of their Motion to Dismiss and Motion for Sanctions. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 6/20/2019. (gie)
|
| Filing 47 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #44 Response to Motion,, by John Hayes, Hayes Medical Staffing, LLC., Robert Moses, Ryan Scharer. (Attachments: #1 Text of Proposed Order)(Schwartz, Jennifer) |
| Filing 46 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #45 Response to Motion to Dismiss Plaintiff's Second Amended Complaint (DE31) by John Hayes, Hayes Medical Staffing, LLC., Robert Moses, Ryan Scharer. (Attachments: #1 Text of Proposed Order)(Schwartz, Jennifer) |
| Filing 45 RESPONSE to Motion re #31 MOTION TO DISMISS #23 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Kenneth Schumacher. Replies due by 6/26/2019. (Birken, Shawn) |
| Filing 44 RESPONSE to Motion re #33 Defendant's MOTION for Sanctions Pursuant to Section 57.105 of the Florida Statues and Supporting Memorandum of Law filed by Kenneth Schumacher. Replies due by 6/26/2019. (Attachments: #1 Exhibit A-Motion to Dismiss 2nd Amd Complaint, #2 Exhibit B-Order, #3 Exhibit C-Declaration, #4 Exhibit D-Panella Depo, #5 Exhibit E-Compensation Rider, #6 Exhibit F-Elletson Deposition, #7 Exhibit F-Continued (Elletson Depo Exhibits), #8 Exhibit G- 9/10/18 Letter, #9 Exhibit H-Sub1, #10 Exhibit I-Stub2)(Birken, Shawn) |
|
Filing 43
ORDER Scheduling Mediation before Tom Loffredo. Mediation Deadline 1/3/2020. Mediation Hearing set for 8/29/2019 10:00 AM. Signed by Judge Joan A. Lenard on 6/12/2019. See attached document for full details. (dp)
|
| Filing 42 NOTICE of Attorney Appearance by Neil David Kodsi on behalf of John Hayes, Hayes Medical Staffing, LLC., Robert Moses, Ryan Scharer. Attorney Neil David Kodsi added to party John Hayes(pty:dft), Attorney Neil David Kodsi added to party Hayes Medical Staffing, LLC.(pty:dft), Attorney Neil David Kodsi added to party Robert Moses(pty:dft), Attorney Neil David Kodsi added to party Ryan Scharer(pty:dft). (Kodsi, Neil) |
| Filing 41 Clerks Notice to Filer re #39 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#40]. It is not necessary to refile this document. (lk) |
| Filing 40 NOTICE of Mediator Selection and Hearing. Added Tom Loffredo. Mediation Hearing set for 8/29/19. See image at DE #39 (lk) |
| Filing 39 NOTICE by Kenneth Schumacher of Selection of Mediator (Birken, Shawn) |
|
Filing 38
PAPERLESS ORDER TO SHOW CAUSE. On May 23, 2019, the Court issued an Order of Referral to Mediation #30 and therein provided Plaintiff's counsel fourteen days to complete and file a proposed order scheduling mediation. To date, Plaintiff's counsel has not submitted a proposed order scheduling mediation. Accordingly, it is ORDERED AND ADJUDGED that Plaintiff's counsel is provided until and including June 11, 2019, to complete and file a proposed order scheduling mediation or show cause why this case should not be dismissed for non-compliance with the Court's Orders. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 6/7/2019. (gie)
|
|
Filing 37
PAPERLESS ORDER GRANTING #35 Plaintiff's Unopposed Motion for One Week Enlargement of Time to Respond to Defendants' Motion to Dismiss, and GRANTING #36 Plaintiff's Unopposed Motion for One Week Enlargement of Time to Respond to Defendants' Motion for Sanctions. Plaintiff shall have until and including June 20, 2019 to respond to the above-referenced motions. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 6/7/2019. (gie)
|
| Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #33 Defendant's MOTION for Sanctions Pursuant to Section 57.105 of the Florida Statues and Supporting Memorandum of Law by Kenneth Schumacher. (Birken, Shawn) |
| Filing 35 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #31 MOTION TO DISMISS #23 Amended Complaint FOR FAILURE TO STATE A CLAIM by Kenneth Schumacher. (Birken, Shawn) |
|
Filing 34
ORDER SETTING SETTLEMENT CONFERENCE IN FLSA CASE. Settlement Conference set for 7/25/2019 at 1:00 PM in Fort Lauderdale Division before Magistrate Judge Alicia O. Valle. Signed by Magistrate Judge Alicia O. Valle on 6/5/2019. See attached document for full details. (sd01)
|
| Filing 33 Defendant's MOTION for Sanctions Pursuant to Section 57.105 of the Florida Statues and Supporting Memorandum of Law by Hayes Medical Staffing, LLC.. (Attachments: #1 Exhibit 1 Letter dated 11-12-2018, #2 Exhibit 2 - Exit Letter, #3 Exhibit 3 - Email)(Hooker, Valerie) |
| Filing 32 NOTICE by Hayes Medical Staffing, LLC. of Filing Motion for Sanctions Pursuant to Section 57.105 of The Florida Statues (Attachments: #1 Exhibit A - 57.105 Notice Letter to Shawn Birken dated 11-12-2018) (Hooker, Valerie) |
| Filing 31 MOTION TO DISMISS #23 Amended Complaint FOR FAILURE TO STATE A CLAIM by John Hayes, Hayes Medical Staffing, LLC., Robert Moses, Ryan Scharer. Attorney Valerie Lorraine Hooker added to party Robert Moses(pty:dft), Attorney Valerie Lorraine Hooker added to party Ryan Scharer(pty:dft). Responses due by 6/13/2019 (Hooker, Valerie) |
|
Filing 30
ORDER of Referral to Mediation and Directing Plaintiff's Counsel to Submit (Within Fourteen Days) Proposed Order Scheduling Mediation. Mediation Deadline 1/3/2020. Signed by Judge Joan A. Lenard on 05/23/19. See attached document for full details. (Attachments: #1 Appendix) (dp)
|
|
Filing 29
Order Adopting Joint Scheduling Report, Setting Pretrial Conference and Trial, Establishing Pretrial Deadlines, and Establishing Pretrial and Trial Procedures: Jury Trial set for 8/31/2020 09:00 AM in Miami Division before Judge Joan A. Lenard. Calendar Call set for 8/26/2020 04:00 PM in Miami Division before Judge Joan A. Lenard. Pretrial Conference set for 8/10/2020 02:00 PM in Miami Division before Judge Joan A. Lenard. Signed by Judge Joan A. Lenard on 05/23/19. See attached document for full details. (dp) #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.
|
| Filing 28 Defendant's RESPONSE to #18 Statement PLAINTIFF'S STATEMENT OF CLAIM by John Hayes, Hayes Medical Staffing, LLC., Robert Moses, Ryan Scharer. (Schwartz, Jennifer) |
|
Filing 27
Order of Reference of Certain Matters to Magistrate Judge. Signed by Judge Joan A. Lenard on 05/25/19. See attached document for full details. (dp)
|
| Filing 26 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Ryan Scharer and Robert Moses. (Birken, Shawn) |
| Filing 25 Clerks Notice to Filer re #23 Amended Complaint. ERROR. Parties/Mediator Not Added. The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties/Mediator and add the additional parties. (lbc) |
|
Filing 24
PAPERLESS ORDER DENYING AS MOOT #3 Motion to Dismiss Plaintiff's Amended Complaint, in light of the #23 Second Amended Complaint filed May 16, 2019. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/16/2019. (gie)
|
| Filing 23 Second AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Kenneth Schumacher.(Birken, Shawn) |
| Filing 22 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by John Hayes, Hayes Medical Staffing, LLC. (Hooker, Valerie) |
| Filing 21 Joint SCHEDULING REPORT - Rule 16.1 by John Hayes, Hayes Medical Staffing, LLC. (Attachments: #1 Exhibit Joint Scheduling Form)(Hooker, Valerie) |
|
Filing 20
PAPERLESS ORDER GRANTING #10 Plaintiff's Motion for Leave to File Second Amended Complaint. Plaintiff shall have until and including May 16, 2019 to file the Second Amended Complaint as a separate entry on the docket. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/14/2019. (gie)
|
| Filing 19 RESPONSE to Motion re #10 Plaintiff's MOTION for Leave to File Second Amended Complaint filed by John Hayes, Hayes Medical Staffing, LLC.. Replies due by 5/20/2019. (Schwartz, Jennifer) |
| Filing 18 Statement of: Claim by Kenneth Schumacher re 16 Order to Show Cause,, (Birken, Shawn) |
| Filing 17 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Kenneth Schumacher (Birken, Shawn) |
|
Filing 16
ORDER TO SHOW CAUSE. On April 15, 2019, the Court issued a #4 Notice of Court Procedure in Actions Brought under the Fair Labor Standards Act and Referral to Magistrate Judge for Settlement Conference ("the Order"). Therein, Plaintiff was directed to file a Statement of Claim within twenty (20) days of the date of the Order. To date, Plaintiff has not filed a Statement of Claim. Accordingly, it is ORDERED AND ADJUDGED that Plaintiff shall have until and including May 9, 2019 to file a Statement of Claim or SHOW CAUSE why this case should not be dismissed for failure to comply with the Court's Orders. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/7/2019. (gie)
|
| Filing 15 STATUS REPORT Regarding Removal (Corrected to Add Exhibit) by John Hayes, Hayes Medical Staffing, LLC. (Attachments: #1 Exhibit)(Hooker, Valerie) |
| Filing 14 STATUS REPORT (Removal) by John Hayes, Hayes Medical Staffing, LLC. (Hooker, Valerie) |
| Filing 13 Notice of NO Pending, Refiled, Related or Similar Actions by John Hayes, Hayes Medical Staffing, LLC. (Hooker, Valerie) |
| Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement by John Hayes, Hayes Medical Staffing, LLC. identifying Corporate Parent Hayes Healthcare Services, LLC., Other Affiliate HMS Group, LLC, Other Affiliate Robert Meredith Moses, Other Affiliate Ryan A Scharer for Hayes Medical Staffing, LLC. (Hooker, Valerie) |
| Case Reopened per chambers/SEE docket entry (11) (mno) |
| Civil Case Terminated as per DE 8 . Closing Case. (lk) |
|
Filing 11
PAPERLESS ORDER GRANTING #9 Plaintiff's Unopposed Motion for Reconsideration of This Court's Order Dismissing Case. Rule 60(b)(1) permits a Court to relieve a party from an order for "mistake, inadvertence, surprise, or excusable neglect[.]" In this regard, Plaintiff's counsel states that the failure to timely respond to Defendant's Motion to Dismiss was based on a calendaring error. (Mot. at 1-2.) The Court finds that Plaintiff's failure to respond to Defendant's Motion to Dismiss constitutes "excusable neglect" for purposes of Rule 60(b)(1). See Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380, 394 (1993). Accordingly, it is ORDERED AND ADJUDGED that Plaintiff's #9 Unopposed Motion for Reconsideration of This Court's Order Dismissing Case is GRANTED and this case is REOPENED. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 4/29/2019. (gie)
|
| Filing 10 Plaintiff's MOTION for Leave to File Second Amended Complaint by Kenneth Schumacher. (Attachments: #1 Exhibit A-Second Amended Complaint)(Birken, Shawn) Modified per chambers/case re-opened 4/30/2019 (mno). SEE docket entry (11) |
| Filing 9 Unopposed MOTION for Reconsideration re 8 Order on Motion to Dismiss for Failure to State a Claim,,, by Kenneth Schumacher. (Attachments: #1 Exhibit A-Declaration)(Birken, Shawn) |
|
Filing 8
ORDER DISMISSING CASE WITHOUT PREJUDICE. On April 12, 2019, Defendants John Hayes and Hayes Medical Staffing, LLC filed a #3 Motion to Dismiss Plaintiff's Amended Complaint. Local Rule 7.1(c) requires that a party opposing a motion "serve an opposing memorandum of law no later than (14) days after service of the motion. Failure to do so may be deemed sufficient cause for granting the motion by default." (Emphasis added.) To date, Plaintiff has not filed an opposing memorandum of law. Accordingly, after reviewing the Motion and the record, it is ORDERED AND ADJUDGED that Defendants' #3 Motion to Dismiss Plaintiff's Amended Complaint is hereby GRANTED by default, this case is DISMISSED without prejudice, all pending motions are DENIED AS MOOT, and this case is now CLOSED. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 4/29/2019. (gie)
|
| Case Reopened per D.E. 11. (gie) |
| Filing 7 REFERRAL to Magistrate Judge Alicia O. Valle per DE 5. (vjk) |
|
Filing 6
Order Setting Forth the Court's Policy on Motions for Extension or Stay of the Scheduling Order Deadlines. Signed by Judge Joan A. Lenard on 04/15/19. See attached document for full details. (dp)
|
|
Filing 5
Order Referring Discovery Disputes and Certain Pretrial Motions to Magistrate Judge Alicia O. Valle; Directing Parties to File Certificates of Interested Parties; Directing Parties to File a Notice of Refiling And/or of Related Cases; Requiring Completion of Form Consenting to Jurisdiction by Magistrate Judge; Notice of Court Practice in Removal Actions; and Directing Parties to File a Joint Scheduling Report and Form. Signed by Judge Joan A. Lenard on 04/15/19. See attached document for full details. (Attachments: #1 Appendix, #2 Appendix) (dp)
|
| Filing 4 Notice of Court Procedure in Actions Brought Under The Fair Labor Standards Act and Referral to Magistrate Judge Alica O. Valle for Settlement Conference. Signed by Judge Joan A. Lenard on 4/15/2019. See attached document for full details. (dp) |
| Filing 3 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by John Hayes, Hayes Medical Staffing, LLC.. Responses due by 4/26/2019 (Schwartz, Jennifer) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Joan A. Lenard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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. (drz) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Plaintiff's Complaint and Demand for Jury Trial) Filing fee $ 400.00 receipt number 113C-11540362, filed by John Hayes, Hayes Medical Staffing, LLC.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit (1))(Schwartz, Jennifer) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
