Tervil et al v. Cypress Creek Hotel, LLC et al
Plaintiff: Osmin Tervil and Jeanne Simon
Defendant: Cypress Creek Hotel, LLC and Interstate Management Company, LLC
Case Number: 0:2019cv62285
Filed: September 13, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Rodolfo A Ruiz
Referring Judge: Barry S Seltzer
Nature of Suit: Labor: Fair Standards
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2019 Opinion or Order Filing 30 ORDER SCHEDULING MEDIATION before Karen Evans, Esq. on December 11, 2019, at 10:00 a.m. ORDER VACATING #27 Order Striking Joint Notice of Selection of Mediator and Mediation Date. See attached document for full details. Signed by Judge Rodolfo A Ruiz on 11/8/2019. (mhn)
November 8, 2019 Opinion or Order Filing 29 PAPERLESS ORDER granting #28 Defendants Unopposed Motion for Substitution of Counsel. Attorney James M. Craig, Esq. and the firm MacFarlane, Ferguson & McMullen, P.A. are withdrawn as counsel for Defendant Cypress Creek Hotel, LLC. Defendant Cypress Creek Hotel, LLCs new counsel is Attorney Tammie L. Rattray, Esq. and Emily Chase-Sosnoff, Esq. of FordHarrison LLP. Signed by Judge Rodolfo A Ruiz on 11/8/2019. (mhn)
November 8, 2019 Filing 28 Unopposed UNSTIPULATED MOTION for Substitution of Counsel. Substituting Tammie L. Rattray and Emily Chase-Sosnoff for James M. Craig by Cypress Creek Hotel, LLC. Attorney Tammie L. Rattray added to party Cypress Creek Hotel, LLC(pty:dft). Responses due by 11/22/2019 (Rattray, Tammie)
November 6, 2019 Opinion or Order Filing 27 ORDER STRIKING #26 Joint Notice of Selection of Mediator and Mediation Date. On or before November 12, 2019, the parties shall submit an amended proposed order scheduling mediation on a date on a prior to the mediation deadline. See attached document for full details. Signed by Judge Rodolfo A Ruiz on 11/6/2019. (mhn)
November 4, 2019 Filing 26 STRICKEN - NOTICE of Mediator Selection and Hearing. Added Karen Evans. Mediation Hearing set for 12/11/2019 at 10:00 a.m. (Attachments: #1 Text of Proposed Order Scheduling Mediation)(Anguiano, Rebecca) Modified to strike per DE #27 on 11/7/2019 (pes).
October 30, 2019 Opinion or Order Filing 25 ORDER REQUIRING COMPLIANCE WITH MEDIATION ORDER. On or before November 4, 2019, the parties shall filed a proposed order scheduling a date, time, and place for mediation. See attached document for full details. Signed by Judge Rodolfo A Ruiz on 10/30/2019. (mhn)
October 20, 2019 Opinion or Order Filing 24 PAPERLESS ORDER granting in part and denying in part #23 Joint Motion to Continue Mediation Deadline. The mediation deadline is hereby extended until December 17, 2019. Signed by Judge Rodolfo A Ruiz on 10/20/2019. (mhn)
October 18, 2019 Filing 23 Joint MOTION to Continue Mediation Deadline re #16 Order Referring Case to Magistrate Judge,,,,, Scheduling Order,,,, by Interstate Management Company, LLC. Responses due by 11/1/2019 (Attachments: #1 Text of Proposed Order Granting Joint Motion for Continuance of Mediation)(Anguiano, Rebecca)
October 11, 2019 Filing 22 Defendant's RESPONSE to #10 Statement of Plaintiffs' Claims by Interstate Management Company, LLC. (Anguiano, Rebecca)
October 10, 2019 Filing 21 RESPONSE to #20 Statement of Claim by Cypress Creek Hotel, LLC. (Craig, James)
October 10, 2019 Filing 20 Statement of: PLAINTIFF'S CERTIFICATE OF INTERESTED PERSONS AND DISCLOSURE STATEMENT by Jeanne Simon, Osmin Tervil (Berger, Eric)
October 9, 2019 Filing 19 Amended Certificate of Other Affiliates/Corporate Disclosure Statement by Cypress Creek Hotel, LLC (Craig, James)
October 9, 2019 Filing 18 Clerks Notice to Filer re #15 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (pes)
October 9, 2019 Opinion or Order Filing 17 PAPERLESS ORDER SETTING DISCOVERY PROCEDURES. 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. The Court will then set the matter for hearing and order the parties to submit a joint status report on the issues. 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 10/9/2019. (osd)
October 8, 2019 Opinion or Order Filing 16 SCHEDULING ORDER: ( Jury Trial set for 6/22/2020 in Fort Lauderdale Division before Judge Rodolfo A Ruiz., Calendar Call set for 6/16/2020 11:00 AM in Fort Lauderdale Division before Judge Rodolfo A Ruiz., Proposed Order Scheduling Mediation due by 10/29/2019., Amended Pleadings due by 11/1/2019., Joinder of Parties due by 11/1/2019., Mediation Deadline 12/3/2019., Discovery due by 2/24/2020., Expert Discovery due by 2/24/2020., Dispositive Motions due by 3/10/2020., In Limine Motions due by 4/7/2020., Joint Pretrial Stipulation due by 4/7/2020.) ORDER REFERRING CASE to Magistrate Judge Barry S. Seltzer for all related discovery matters. Signed by Judge Rodolfo A Ruiz on 10/8/2019. See attached document for full details. (mhn) #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.
October 8, 2019 Filing 15 Certificate of Other Affiliates/Corporate Disclosure Statement by Cypress Creek Hotel, LLC (Craig, James)
October 8, 2019 Filing 14 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Interstate Management Company, LLC identifying Other Affiliate Interstate Hotels and Resorts, Inc., Other Affiliate Interstate Operating Company, LP for Interstate Management Company, LLC (Anguiano, Rebecca)
October 8, 2019 Filing 13 Joint SCHEDULING REPORT - Rule 16.1 by Interstate Management Company, LLC (Attachments: #1 Text of Proposed Order)(Anguiano, Rebecca)
October 7, 2019 Opinion or Order Filing 12 ORDER setting Settlement Conference for 11/19/2019 at 03:00 PM in Fort Lauderdale Division before Magistrate Judge Barry S. Seltzer. Signed by Magistrate Judge Barry S. Seltzer on 10/7/2019. See attached document for full details. (osd)
September 27, 2019 Opinion or Order Filing 11 PAPERLESS ORDER. Counsel 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. On or before October 7, 2019, Plaintiff's counsel shall telephone Chambers with no fewer than three dates (for the full business day) on which the parties and their counsel will be available for the settlement conference. Following the submission of proposed dates, the undersigned will enter an order scheduling the settlement conference and providing additional information. Signed by Magistrate Judge Barry S. Seltzer on 9/27/2019. (pb00)
September 27, 2019 Filing 10 Statement of: PLAINTIFF'S STATEMENT OF CLAIM by Jeanne Simon, Osmin Tervil (Berger, Eric)
September 26, 2019 Filing 9 STATUS REPORT re Removal by Interstate Management Company, LLC (Anguiano, Rebecca)
September 20, 2019 Filing 8 Defendant's ANSWER and Affirmative Defenses to Complaint by Interstate Management Company, LLC. (Anguiano, Rebecca)
September 17, 2019 Opinion or Order Filing 7 ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES on or before October 8, 2019. See attached document for full details. Signed by Judge Rodolfo A Ruiz on 9/17/2019. (mhn)
September 17, 2019 Filing 6 ANSWER and Affirmative Defenses to Complaint by Cypress Creek Hotel, LLC. (Craig, James)
September 16, 2019 Opinion or Order Filing 5 ORDER REQUIRING REMOVAL STATUS REPORT. Counsel for the removing party is directed to file and serve a Removal Status Report no later than September 30, 2019. See attached document for full details. Signed by Judge Rodolfo A Ruiz on 9/16/2019. (mhn)
September 16, 2019 Opinion or Order Filing 4 ORDER IN ACTIONS BROUGHT UNDER THE FAIR LABOR STANDARDS ACT. Plaintiffs shall file a Statement of Claim in accordance with this Order on or before September 30, 2019. ORDER REFERRING CASE to Magistrate Judge Barry S. Seltzer for settlement conference. Counsel shall confer and contact Magistrate Judge Seltzers Chambers prior to the due date for the response by Defendants to Plaintiffs' Statement of Claim in order to schedule the settlement conference. Signed by Judge Rodolfo A Ruiz on 9/16/2019. See attached document for full details. (mhn)
September 16, 2019 Filing 3 Clerks Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Cause of Action when filing. The correction was made. It is not necessary to re-file this document. (jao)
September 13, 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. (jao)
September 13, 2019 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-11983209, filed by Interstate Management Company, LLC. No Answer and/or Motion to Dismiss Filed. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Filings, #3 Exhibit B - State Notice of Filing Removal)(Anguiano, Rebecca) Modified on 9/16/2019 (jao).

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Plaintiff: Osmin Tervil
Represented By: Eric Lowell Berger
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Plaintiff: Jeanne Simon
Represented By: Eric Lowell Berger
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Defendant: Cypress Creek Hotel, LLC
Represented By: Tammie L. Rattray
Represented By: Emily Paige Chase-Sosnoff
Represented By: James Morgan Craig
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Defendant: Interstate Management Company, LLC
Represented By: Rebecca Rae Anguiano
Represented By: Aaron Jarett Reed
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