Patino v. El Barcon de Las Americas Production, Inc. et al
| Ms Maria F Patino |
| El Barcon de Las Americas, Inc., El Barcon de Las Americas Production, Inc, Alvaro Tobar, El Balcon de Las Americas Production, Inc and El Balcon de Las Americas, Inc. |
| 0:2020cv62003 |
| October 2, 2020 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Jared M Strauss |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 25, 2021. A more recent docket listing may be available from PACER.
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Filing 41
ORDER granting #40 Motion for Settlement. Signed by Judge Rodolfo A. Ruiz, II on 2/25/2021. See attached document for full details. (as03)
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| Filing 40 Joint MOTION for Settlement Approval (FLSA) by Maria F Patino. Responses due by 3/8/2021 (Attachments: #1 Exhibit A Settlement Agreement, #2 Exhibit B Attorney Fees Declaration, #3 Text of Proposed Order Exhibit C)(Rivera-Ortiz, Andres) |
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Filing 39
ORDER denying #38 Motion for Settlement. Signed by Judge Rodolfo A. Ruiz, II on 2/16/2021. See attached document for full details. (as03)
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| Filing 38 Joint MOTION for Settlement Approval (FLSA) by Maria F Patino. Responses due by 2/9/2021 (Attachments: #1 Exhibit A Settlement Agreement, #2 Text of Proposed Order)(Rivera-Ortiz, Andres) |
| Filing 37 JOINT STIPULATION of Dismissal Count III Only by Maria F Patino (Rivera-Ortiz, Andres) Modified TEXT on 1/21/2021 (ebz). |
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Filing 36
Order Administratively Closing Case. Signed by Judge Rodolfo A. Ruiz, II on 1/13/2021. See attached document for full details. (as03)
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| Filing 35 Defendants' ANSWER and Affirmative Defenses to Amended Complaint by El Balcon de Las Americas Production, Inc, El Balcon de Las Americas, Inc., Alvaro Tobar. (Mazzola, Stephanie) |
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Filing 34
ORDER Scheduling Mediation. Signed by Judge Rodolfo A. Ruiz, II on 12/3/2020. See attached document for full details. (as03)
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| Filing 33 NOTICE of Mediator Selection and Hearing. Notice of Filing Proposed Order Scheduling Mediation Selected/Added Carlos Burruezo as Mediator. Mediation Hearing set for 1/14/2021 at 1:00 p.m.. (Attachments: #1 Text of Proposed Order)(Mazzola, Stephanie) |
| Filing 32 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jared M. Strauss: Settlement Conference held on 12/2/2020. Case DID NOT SETTLE. Attorney Appearance(s): Participants for Plaintiff: Maria Patino (Plaintiff) Andres Rivera-Ortiz (Plaintiff's attorney) Doris Flores (Interpreter)Participants for Defendant: Stephanie Cari Mazzola, Esq, Catalina M. Avalos, Esq, and Alvaro Tobar and/or Debbie Tobar, client representative for all Defendants. (Digital ZOOM RECORDED) (at) |
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Filing 31
Settlement Report (did not settle) re #25 Order Setting Settlement Conference. Signed by Magistrate Judge Jared M. Strauss on 12/2/2020. See attached document for full details. (osd)
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Filing 30
ORDER STRIKING #29 Initial Disclosure(s) filed by Maria F Patino. Signed by Magistrate Judge Jared M. Strauss on 11/30/2020. See attached document for full details. (osd)
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| Filing 29 STRICKEN per DE#30 , Initial Disclosure(s) of Fed.R.Civ.P. 26(a) by Maria F Patino (Rivera-Ortiz, Andres) Modified text on 12/1/2020 (jas). |
| Filing 28 First AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Maria F Patino.(Rivera-Ortiz, Andres) |
| Filing 27 Defendant's RESPONSE to #12 Statement of Claim by El Barcon de Las Americas Production, Inc, El Barcon de Las Americas, Inc., Alvaro Tobar. (Mazzola, Stephanie) |
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Filing 26
ORDER granting #7 Motion to Dismiss Count III. Plaintiff shall file an Amended Complaint in conformance with this Order on or before November 25, 2020. Signed by Judge Rodolfo A. Ruiz, II on 11/18/2020. See attached document for full details. (as03)
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Filing 25
Order Setting Settlement Conference. (Settlement Conference is set for 12/2/2020 at 01:30 PM in Fort Lauderdale Division before Magistrate Judge Jared M. Strauss.), (Related Deadlines are set for 11/24/2020.) Signed by Magistrate Judge Jared M. Strauss on 11/17/2020. See attached document for full details. (osd)
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| Filing 24 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Motion Hearing held on 11/17/2020 re #7 Defendant's MOTION TO DISMISS. Attorney Appearance(s): Stephanie Cari Mazzola, Andres Rivera-Ortiz, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp) |
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Filing 23
DISCOVERY PROCEDURES ORDER re #22 Scheduling Order. Signed by Magistrate Judge Jared M. Strauss on 11/14/2020. See attached document for full details. (osd)
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Filing 22
ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE (Jury Trial set for 7/5/2021 in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II., Calendar Call set for 6/29/2021 11:00 AM in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 12/24/2020., Discovery due by 3/9/2021., Expert Discovery due by 3/9/2021., Fact Discovery due by 3/9/2021., Joinder of Parties due by 12/24/2020., Mediation Deadline 3/16/2021., In Limine Motions due by 4/20/2021., Dispositive Motions due by 4/20/2021., Motions due by 3/23/2021., Joint Pretrial Stipulation due by 4/20/2021), ORDER REFERRING CASE to Mediation. (Mediation Deadline 3/16/2021), ORDER REFERRING CASE to Magistrate Judge Jared M. Strauss for Discovery Matters. Signed by Judge Rodolfo A. Ruiz, II on 11/13/2020. See attached document for full details. (ebz) #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.
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| Filing 21 Defendant's REPLY to #11 Response in Opposition to Motion, Defendant's Reply to Response In Opposition to Motion to Dismiss Count III of Plaintiff's Complaint by El Barcon de Las Americas Production, Inc, El Barcon de Las Americas, Inc.. (Mazzola, Stephanie) |
| Filing 20 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement Defendants, El Balcon De Las Americas Production, Inc.'s and El Balcon De Las Americas, Inc.'s Corporate Disclosure and Certificate of Interested Parties by El Barcon de Las Americas Production, Inc, El Barcon de Las Americas, Inc. (Mazzola, Stephanie) |
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Filing 19
PAPERLESS ORDER resetting telephonic hearing on #7 Defendants' Motion to Dismiss Count III of Plaintiff's Complaint. The hearing is reset for Tuesday, November 17, 2020 at 4:30 P.M.. The parties are instructed to call 1-877-402-9753 by no later than 4:25 P.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) for clarity. Signed by Judge Rodolfo A. Ruiz, II on 11/10/2020. (as03)
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| Filing 18 Joint SCHEDULING REPORT - Rule 16.1 by Maria F Patino (Attachments: #1 Text of Proposed Order)(Rivera-Ortiz, Andres) |
| Filing 17 NOTICE OF UNAVAILABILITY by El Barcon de Las Americas Production, Inc, El Barcon de Las Americas, Inc., Alvaro Tobar for dates of November 11, 2020; November 12, 2020; November 13, 2020 (Mazzola, Stephanie) |
| Filing 16 Unopposed MOTION to Continue Motion for Continuance of Hearing on Defendants' Motion to Dismiss Count III of Plaintiff's Complaint re 15 Order Setting Hearing on Motion, by El Barcon de Las Americas Production, Inc, El Barcon de Las Americas, Inc.. Responses due by 11/24/2020 (Attachments: #1 Text of Proposed Order)(Mazzola, Stephanie) |
| Reset Hearings as to #7 Defendant's MOTION TO DISMISS. Telephonic Motion Hearing reset for 11/17/2020 04:30 PM in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II. Per [ECF No 19] Paperless Order. (gp) |
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Filing 15
PAPERLESS ORDER setting telephonic hearing for Thursday, November 12, 2020 at 4:00 P.M. on #7 Defendants' Motion to Dismiss Count III of Plaintiff's Complaint. The parties are instructed to call 1-877-402-9753 by no later than 3:55 P.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) for clarity. Signed by Judge Rodolfo A. Ruiz, II on 11/6/2020. (as03)
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| Filing 14 NOTICE of Compliance by Maria F Patino re #9 Order (Rivera-Ortiz, Andres) |
| Filing 13 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Maria F Patino (Rivera-Ortiz, Andres) |
| Filing 12 Statement of: Claim FLSA by Maria F Patino re #9 Order (Rivera-Ortiz, Andres) |
| Filing 11 RESPONSE in Opposition re #7 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss Count III of Plaintiff's Complaint filed by Maria F Patino. Replies due by 11/12/2020. (Rivera-Ortiz, Andres) |
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Filing 10
Order Requiring Joint Scheduling Report. Joint Scheduling Report due by 11/16/2020. Signed by Judge Rodolfo A. Ruiz, II on 11/2/2020. See attached document for full details. (as03)
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Filing 9
ORDER IN ACTIONS BROUGHT UNDER THE FAIR LABOR STANDARDS ACT. Signed by Judge Rodolfo A. Ruiz, II on 11/2/2020. See attached document for full details. (as03)
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| Filing 8 Defendant's ANSWER and Affirmative Defenses to Complaint Defendant's Answer and Affirmative Defenses to Complaint (ECF No. 1) by El Barcon de Las Americas Production, Inc, El Barcon de Las Americas, Inc., Alvaro Tobar. (Avalos, Catalina) |
| Filing 7 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss Count III of Plaintiff's Complaint by El Barcon de Las Americas Production, Inc, El Barcon de Las Americas, Inc.. Responses due by 11/13/2020 (Avalos, Catalina) |
| Filing 6 NOTICE of Attorney Appearance by Catalina M. Avalos on behalf of El Barcon de Las Americas Production, Inc, El Barcon de Las Americas, Inc., Alvaro Tobar. Attorney Catalina M. Avalos added to party El Barcon de Las Americas Production, Inc (pty:dft), Attorney Catalina M. Avalos added to party El Barcon de Las Americas, Inc.(pty:dft), Attorney Catalina M. Avalos added to party Alvaro Tobar(pty:dft). (Avalos, Catalina) |
| Filing 5 NOTICE of Attorney Appearance by Stephanie Cari Mazzola on behalf of El Barcon de Las Americas Production, Inc, El Barcon de Las Americas, Inc., Alvaro Tobar. Attorney Stephanie Cari Mazzola added to party El Barcon de Las Americas Production, Inc (pty:dft), Attorney Stephanie Cari Mazzola added to party El Barcon de Las Americas, Inc.(pty:dft), Attorney Stephanie Cari Mazzola added to party Alvaro Tobar(pty:dft). (Mazzola, Stephanie) |
| Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Maria F Patino. El Barcon de Las Americas Production, Inc served on 10/9/2020, answer due 10/30/2020; El Barcon de Las Americas, Inc. served on 10/9/2020, answer due 10/30/2020; Alvaro Tobar served on 10/9/2020, answer due 10/30/2020. (Rivera-Ortiz, Andres) |
| Filing 3 Summons Issued as to El Barcon de Las Americas Production, Inc, El Barcon de Las Americas, Inc., Alvaro Tobar. (Attachments: #1 Summon(s), #2 Summon(s))(ebz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss 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. (ebz) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13624424, filed by Maria F Patino. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Rivera-Ortiz, Andres) |
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