Clara v. KDs Auto Sales & Service, Inc.
Plaintiff: Nicholas Clara
Defendant: KD's Auto Sales & Service, Inc.
Case Number: 0:2019cv62362
Filed: September 23, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Alicia O Valle
Referring Judge: Kathleen M Williams
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 0201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 30, 2019 Opinion or Order Filing 11 PAPERLESS ORDER granting #10 . The Court has carefully reviewed the settlement agreement entered into by the parties #10 . Pursuant to Lynns Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th Cir. 1982), the Court finds that the Parties' settlement of this action (with respect to the FLSA claims alleged in the complaint) was achieved through representation of all parties by experienced counsel. The Parties' settlement of these claims is the result of a bona fide compromise between them on a variety of disputes of law and fact. The settlement negotiated and reached by the Parties reflects a reasonable compromise of the disputed issues. Therefore, the Court finds that the provisions of the Parties' agreement are fair and reasonable under the Fair Labor Standards Act. Accordingly, the motion for approval of settlement is GRANTED and the Settlement as to these claims is APPROVED. This case is DISMISSED WITH PREJUDICE, with the Court retaining jurisdiction for the sole purpose of enforcing the Parties' settlement. Signed by Judge Kathleen M. Williams on 10/30/2019. (jws)
October 28, 2019 Filing 10 Joint MOTION for Settlement Agreement Approval and Dismissal with Prejudice by KD's Auto Sales & Service, Inc.. Responses due by 11/12/2019 (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Gobeo, David)
October 27, 2019 ***Answer Due Deadline(s) terminated per DE 9 Order. (kpe)
October 27, 2019 Opinion or Order Filing 9 PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL AND ADMINISTRATIVELY CLOSING CASE. THIS MATTER is before the Court on the notice #8 indicating that the Parties have reached a settlement in this matter. Accordingly, it is ORDERED AND ADJUDGED that on or before November 15, 2019, the Parties shall file a joint stipulation to dismiss. If the Parties wish for the Court to retain jurisdiction, they are advised that they must submit the settlement agreement for review and any stipulation must comply with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). Otherwise, the dismissal of this matter is effective upon the filing of the Parties' joint stipulation of dismissal. Id. This case is CLOSED for administrative purposes. Signed by Judge Kathleen M. Williams on 10/28/2019. (dpa)
October 18, 2019 Filing 8 NOTICE of Settlement by KD's Auto Sales & Service, Inc. (Gobeo, David)
October 11, 2019 Filing 7 NOTICE of Attorney Appearance by Ariadna Hernandez on behalf of KD's Auto Sales & Service, Inc.. Attorney Ariadna Hernandez added to party KD's Auto Sales & Service, Inc.(pty:dft). (Hernandez, Ariadna)
October 10, 2019 Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Nicholas Clara. KD's Auto Sales & Service, Inc. served on 10/2/2019, answer due 10/23/2019. (Gulisano, Michael)
October 10, 2019 Filing 5 NOTICE of Attorney Appearance by David Matthew Gobeo, II on behalf of KD's Auto Sales & Service, Inc.. Attorney David Matthew Gobeo, II added to party KD's Auto Sales & Service, Inc.(pty:dft). (Gobeo, David)
September 25, 2019 Opinion or Order Filing 4 ORDER Of Referral And Order Of Court Practice In FLSA Cases. Signed by Judge Kathleen M. Williams on 9/25/2019. See attached document for full details. (kpe)
September 23, 2019 Filing 3 Summons Issued as to KDs Auto Sales & Service, Inc.. (kpe)
September 23, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. 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. (kpe)
September 23, 2019 Filing 1 COMPLAINT against KDs Auto Sales & Service, Inc.. Filing fees $ 400.00 receipt number 113C-12005837, filed by Nicholas Clara. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Gulisano, Michael)

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Plaintiff: Nicholas Clara
Represented By: Michael Gulisano
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Defendant: KD's Auto Sales & Service, Inc.
Represented By: Ariadna Hernandez
Represented By: David Matthew Gobeo, II
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