Hayden-Polimeni et al v. Vickster Two, LLC et al
Plaintiff: Darragh Hayden-Polimeni and Samuel Lam
Defendant: Dominic J. Annecca, Vickster Two, LLC, Annecca, Victoria Annecca, Annecca, Mickey and Vickster Two, LLC a Florida limited liability doing business as Serafina Waterfront Trattoria
Case Number: 0:2019cv61224
Filed: May 14, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Rodolfo A Ruiz
Referring Judge: Rodolfo A Ruiz
2 Judge: Barry S Seltzer
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 0201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 5, 2019 Opinion or Order Filing 31 ORDER granting #30 Joint Motion for Judicial Approval of Settlement Agreement and for Dismissal with Prejudice. The Settlement Agreement is APPROVED in its entirety. The case is DISMISSED with prejudice . Any pending motions are DENIED AS MOOT. See attached document for full details. Signed by Judge Rodolfo A Ruiz on 8/5/2019. (mhn)
July 29, 2019 Filing 30 Joint MOTION for Settlement Approval ( Responses due by 8/12/2019), Joint MOTION to Dismiss with Prejudice #29 Administrative Order and Retain Jurisdiction to Enforce by Darragh Hayden-Polimeni, Samuel Lam. (Attachments: #1 Exhibit Settlement Agreement)(Bober, Peter)
July 23, 2019 Opinion or Order Filing 29 ORDER Administratively Closing Case. Signed by Judge Rodolfo A Ruiz on 7/23/2019. See attached document for full details. (gp)
July 23, 2019 Opinion or Order Filing 28 ORDER REQUIRING SUBMISSION OF SETTLEMENT AGREEMENT FOR COURT APPROVAL. The parties must submit a proposed settlement for the Court's review and approval on or before August 5, 2019. Signed by Judge Rodolfo A Ruiz on 7/23/2019. See attached document for full details. (mhn)
July 22, 2019 Opinion or Order Filing 27 PAPERLESS ORDER cancelling 9/5/19 Settlement Conference. Signed by Magistrate Judge Barry S. Seltzer on 7/22/2019. (pb00)
July 22, 2019 Filing 26 NOTICE of Settlement (Joint) by Darragh Hayden-Polimeni, Samuel Lam (Bober, Peter)
July 16, 2019 Opinion or Order Filing 25 ORDER STRIKING #24 Joint Notice of Filing Proposed Order Scheduling Mediation. The parties shall submit an amended proposed order scheduling mediation on a date on or prior to the mediation deadline by July 23, 2019. Signed by Judge Rodolfo A Ruiz on 7/16/2019. See attached document for full details. (mhn)
July 16, 2019 Filing 24 STRICKEN NOTICE by Darragh Hayden-Polimeni, Samuel Lam re #17 Scheduling Order,,,,, Order Referring Case to Magistrate Judge,,,,, Order Referring Case to Mediation,,,, (Attachments: #1 Text of Proposed Order Exhibit A) (Bober, Peter) Modified on 7/17/2019 stricken per de#25(dj).
July 12, 2019 Opinion or Order Filing 23 ORDER STRIKING #22 Plaintiffs' Notice of Scheduled Mediation. Plaintiff shall file a renewed notice of scheduled mediation with a joint proposed order by July 19, 2019. Signed by Judge Rodolfo A Ruiz on 7/12/2019. See attached document for full details. (mhn)
July 12, 2019 Filing 22 NOTICE of Mediator Selection and Hearing. Added Darragh Hayden-Polimeni, Samuel Lam, Karen Evans. Mediation Hearing set for 11/19/2019 at 10:00 a.m.. (Bober, Peter)
July 12, 2019 Opinion or Order Filing 21 ORDER SETTING SETTLEMENT CONFERENCE: Settlement Conference set for 9/5/2019 02:00 PM in Fort Lauderdale Division before Magistrate Judge Barry S. Seltzer. Signed by Magistrate Judge Barry S. Seltzer on 7/12/2019. See attached document for full details. (drz)
July 8, 2019 Filing 20 Statement of: Wages Owed in FLSA Case by Darragh Hayden-Polimeni, Samuel Lam (Bober, Peter)
July 1, 2019 Opinion or Order Filing 19 PAPERLESS ORDER of Instructions for Setting a Settlement Conference. The District Court has entered an Order [DE 16] referring the case to the undersigned for a settlement conference to be conducted within 30 days of Defendants filing their response to Plaintiffs Notice of Claim. Accordingly, within ten (10) this Order, counsel for the parties are ORDERED to meet and confer, either telephonically or in person, for the purpose of determining a date on which to conduct the settlement conference. Within three days of that conference, Plaintiffs counsel shall telephone Chambers with no fewer than three dates on which the parties and their counsel will be available for the settlement conference, within the time period allotted by the District Courts Order [DE 16]. Following the submission of proposed dates, the undersigned will enter an order setting the settlement conference. Signed by Magistrate Judge Barry S. Seltzer on 7/1/2019. (pb00)
June 25, 2019 Opinion or Order Filing 18 DISCOVERY PROCEDURE ORDER. No discovery motions shall be filed with the Court unless specifically authorized by Order. In the event a discovery dispute does arise, counsel are instructed to meet and confer in a good faith attempt to resolve the dispute. If, after conferring, the parties cannot resolve their discovery dispute, the movant must seek relief within 14 days after the grounds for relief occur by contacting Chambers (954-769-5450) and scheduling a discovery hearing. The movant shall have first conferred with opposing counsel and obtained three alternative dates and times that both counsel are available for a hearing. The attorney or other person with knowledge who telephones the Court shall have the following information: (a) the nature of the discovery dispute; (b) the efforts made to confer with opposing counsel; and (c) three agreed upon dates for a hearing. Where there has been a complete failure to respond to discovery, and where good faith efforts have been made (without success) to obtain that discovery, counsel need not obtain agreed upon dates, but shall so inform the Court telephonically of the issue, and the Court will set the matter for hearing. Finally, when the parties have stipulated to the entry of an order, such as a stipulated confidentiality order, the parties shall not file a motion for entry of the stipulated order. Instead, counsel shall email to Chambers (seltzer@flsd.uscourts.gov) a copy of the proposed stipulated order in Word or WordPerfect format, with a statement that the parties have agreed to entry of the proposed order. Signed by Magistrate Judge Barry S. Seltzer on 6/25/2019. (mws)
June 24, 2019 Opinion or Order Filing 17 ORDER SETTING TRIAL and Pre-Trial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge: (Jury Trial set for 2/18/2020 in Fort Lauderdale Division before Judge Rodolfo A Ruiz, Calendar Call set for 2/11/2020 11:00 AM in Fort Lauderdale Division before Judge Rodolfo A Ruiz, Amended Pleadings due by 8/2/2019, All Discovery due by 10/21/2019, Expert Discovery due by 10/21/2019, In Limine Motions due by 12/3/2019, Pre-trial Motions due by 11/5/2019, Joint Pretrial Stipulation due by 12/3/2019.) ORDER REFERRING CASE to Magistrate Judge Barry S. Seltzer for all discovery matters. ORDER REFERRING CASE to Mediation. (Mediation Deadline 10/28/2019.) Signed by Judge Rodolfo A Ruiz on 6/24/2019. See attached document for full details. (gp) #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.
June 21, 2019 Opinion or Order Filing 16 ORDER OF COURT-MANDATED REQUIREMENTS IN FLSA CASE. Plaintiff shall file a Statement of Claim on or before July 8, 2019. ORDER REFERRING CASE to Magistrate Judge Barry S. Seltzer for Settlement Conference. Signed by Judge Rodolfo A Ruiz on 6/21/2019. See attached document for full details. (mhn)
June 21, 2019 Filing 15 Joint SCHEDULING REPORT - Rule 16.1 by Darragh Hayden-Polimeni, Samuel Lam (Bober, Peter)
June 18, 2019 Opinion or Order Filing 14 ORDER STRIKING #12 Defendants' Notice of Unavailability. Signed by Judge Rodolfo A Ruiz on 6/18/2019. See attached document for full details. (mhn)
June 17, 2019 Filing 13 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Dominic J. Annecca, Victoria Annecca, Vickster Two, LLC (Haddad, Tonja)
June 17, 2019 Filing 12 STRICKEN NOTICE OF UNAVAILABILITY by Dominic J. Annecca, Victoria Annecca, Vickster Two, LLC for dates of June 28-July 15, 2019; July 26-July 31, 2019 stricken per de#14 (Haddad, Tonja) Modified on 6/19/2019 (dj).
June 17, 2019 Filing 11 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Dominic J. Annecca, Victoria Annecca, Vickster Two, LLC (Haddad, Tonja)
June 17, 2019 Filing 10 ANSWER and Affirmative Defenses to Amended Complaint by Dominic J. Annecca, Victoria Annecca, Vickster Two, LLC. (Haddad, Tonja)
June 12, 2019 Filing 9 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Darragh Hayden-Polimeni, Samuel Lam (Bober, Peter)
June 10, 2019 Opinion or Order Filing 8 Order Requiring Joint Scheduling Report. Joint Scheduling Report due on or before July 1, 2019. Signed by Judge Rodolfo A Ruiz on 6/10/2019. See attached document for full details. (mhn)
June 10, 2019 Opinion or Order Filing 7 PAPERLESS ORDER denying as moot #5 Motion to Dismiss for Failure to State a Claim pursuant to #6 Plaintiff's Amended Complaint. Signed by Judge Rodolfo A Ruiz on 6/10/2019. (mhn)
June 6, 2019 Filing 6 AMENDED COMPLAINT against All Defendants, filed by Darragh Hayden-Polimeni, Samuel Lam.(Bober, Peter)
June 4, 2019 Filing 5 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by Dominic J. Annecca, Victoria Annecca, Vickster Two, LLC. Responses due by 6/18/2019 (Haddad, Tonja)
June 3, 2019 Filing 4 NOTICE of Attorney Appearance by Tonja B. Haddad on behalf of Dominic J. Annecca, Victoria Annecca, Vickster Two, LLC. Attorney Tonja B. Haddad added to party Dominic J. Annecca(pty:dft), Attorney Tonja B. Haddad added to party Victoria Annecca(pty:dft), Attorney Tonja B. Haddad added to party Vickster Two, LLC(pty:dft). (Haddad, Tonja)
May 15, 2019 Filing 3 Summons Issued as to Dominic J. Annecca, Victoria Annecca, Vickster Two, LLC. (drz)
May 14, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A Ruiz. 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. (drz)
May 14, 2019 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11644975, filed by Darragh Hayden-Polimeni, Samuel Lam. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Bober, Peter)

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Defendant: Dominic J. Annecca
Represented By: Tonja B. Haddad
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Defendant: Vickster Two, LLC
Represented By: Tonja B. Haddad
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Defendant: Annecca
Represented By: Tonja B. Haddad
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Defendant: Victoria Annecca
Represented By: Tonja B. Haddad
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Defendant: Annecca, Mickey
Represented By: Tonja B. Haddad
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Defendant: Vickster Two, LLC a Florida limited liability doing business as Serafina Waterfront Trattoria
Represented By: Tonja B. Haddad
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Plaintiff: Darragh Hayden-Polimeni
Represented By: Peter Joseph Marshall Bober
Represented By: Samara Robbins Bober
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Plaintiff: Samuel Lam
Represented By: Peter Joseph Marshall Bober
Represented By: Samara Robbins Bober
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