Duran v. Moran Foods, LLC et al
| Francisco Duran |
| Leevers Supermarkets, Inc. and Moran Foods, LLC |
| 0:2021cv60310 |
| February 8, 2021 |
| US District Court for the Southern District of Florida |
| Rodney Smith |
| Alicia O Valle |
| Labor: Fair Standards |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 18, 2021. A more recent docket listing may be available from PACER.
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Filing 36
ORDER APPROVING SETTLEMENT AGREEMENT AND DISMISSING CASE WITH PREJUDICE. Signed by Magistrate Judge Alicia O. Valle on 6/18/2021. See attached document for full details. (dpr)
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| Filing 35 Joint MOTION to Approve Settlement Agreement and Joint Stipulation for Dismissal With Prejudice by Leevers Supermarkets, Inc.. (Attachments: #1 Text of Proposed Order)(Penichet, Paul) |
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Filing 34
PAPERLESS ORDER DIRECTING PARTIES TO FILE JOINT MOTION TO DISMISS CASE. This cause comes before the Court sua sponte. Pursuant to the consent of the parties, this case is before the undersigned for all further proceedings, including trial and entry of final judgment. See (ECF Nos. #29 , #33 ). Accordingly, by no later than June 16, 2021, the parties shall file a Joint Motion to Dismiss (NOT a Stipulation of Dismissal) and email a copy of the written Settlement Agreement to valle@flsd.uscourts.gov. The Settlement Agreement must specify the portion of the settlement amount designated for wages, liquidated damages, and attorneys fees and costs. Also, if the parties wish the Court to retain jurisdiction, the Motion should so indicate, or the dismissal may deprive the Court of jurisdiction to do anything further. See, e.g., Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1280 (11th Cir. 2012). Additionally, this case is administratively CLOSED and all pending motions are DENIED AS MOOT. Signed by Magistrate Judge Alicia O. Valle on 6/2/2021. (sd01)
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Filing 33
ORDER OF REFERENCE to Magistrate Judge Alicia O. Valle for all further proceedings, including entry of final judgment. Judge Rodney Smith no longer assigned as presider/referral judge(s) in case. Signed by Judge Rodney Smith on 5/28/2021. See attached document for full details. (jbs)
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Filing 32
ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE AND DISMISSING CASE. The Report and Recommendation to District Judge (DE #31 ) is AFFIRMED and ADOPTED. The Joint Motion for Order Approving Settlement Agreement and for Dismissal with Prejudice as to Defendant Moran Foods, LLC (DE #22 ) is GRANTED. All pending motions are DENIED as moot. Defendant Moran Foods, LLC is DISMISSED with prejudice. Signed by Judge Rodney Smith on 5/28/2021. See attached document for full details. (mc)
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Filing 31
REPORT AND RECOMMENDATION that #22 the Joint Motion for Order Approving Settlement Agreement and Dismissal with Prejudice as to Defendant Moran Foods, LLC be granted. Objections to R&R due by 5/26/2021. Signed by Magistrate Judge Alicia O. Valle on 5/19/2021. See attached document for full details. (sd01)
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| Filing 29 Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Leevers Supermarkets, Inc. (Penichet, Paul) |
| Filing 30 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia O. Valle: Settlement Conference held on 5/18/2021. The parties consented to USMJ jurisdiction. The Court reviewed the terms of the agreement as a fair resolution of a dispute between the parties. Total time in court: 3 hour(s) : 25 minutes. Attorney Appearance(s): Gustavo Alfonso Bravo, Paul Fernandez Penichet, (ATT Digital Audio Recording: AOV_01_5_18_2021) (tpl) |
| Filing 28 PAPERLESS NOTICE REGARDING SETTLEMENT CONFERENCE. This matter is scheduled for a Settlement Conference on Tuesday, May 18, 2021 at 2 p.m. before U.S. Magistrate Judge Alicia O. Valle. Due to the COVID-19 pandemic, the Settlement Conference will be held telephonically. Accordingly, shortly before the Conference, all parties shall call (877) 848-7030 and, when prompted, enter Access Code 2004890, followed by # (tpl) |
| Filing 27 NOTICE of Mediator Selection and Hearing. Selected/Added Neil D Kodsi as Mediator. Mediation Hearing set for 8/24/2021 at 10:00 a.m.. (Bravo, Gustavo) |
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Filing 26
ORDER SETTING SETTLEMENT CONFERENCE IN FLSA CASE. Settlement Conference set for 5/18/2021 at 2:00 PM in Fort Lauderdale Division before Magistrate Judge Alicia O. Valle. Signed by Magistrate Judge Alicia O. Valle on 4/14/2021. See attached document for full details. (sd01)
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Filing 25
ORDER SETTING CIVIL TRIAL DATE, PRETRIAL DEADLINES, AND REFERRAL TO MAGISTRATE JUDGE (Jury Trial set for 2/14/2022 before Judge Rodney Smith., Calendar Call set for 2/8/2022 09:00 AM before Judge Rodney Smith., Amended Pleadings due by 4/16/2021., Expert Discovery due by 8/13/2021., Fact Discovery due by 8/13/2021., Joinder of Parties due by 4/16/2021., Mediation Deadline 8/27/2021., In Limine Motions due by 1/7/2022., Dispositive Motions due by 9/3/2021., Motions due by 1/7/2022., Pretrial Stipulation due by 1/7/2022.), Referring Case to Magistrate Judge Alicia M. Otazo-Reyes for all non-dispositive pretrial motions (PTN). Signed by Judge Rodney Smith on 4/9/2021. See attached document for full details. (jbs) #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 24
ORDER OF REFERRAL TO MEDIATION Mediation Deadline 8/27/2021. Signed by Judge Rodney Smith on 4/9/2021. See attached document for full details. (jbs)
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Filing 23
PAPERLESS ORDER REQUIRING PLAINTIFF'S COUNSEL TO SUBMIT BILLING RECORDS IN CONNECTION WITH REVIEW OF FLSA SETTLEMENT. This cause comes before the Court upon #22 the Joint Motion for Approving Settlement Agreement and for Dismissal With Prejudice as to Defendant Moran Foods, LLC. Pursuant to Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th Cir. 1982), the Court is required to review the parties' Settlement Agreement to ensure that it is a "fair and reasonable" resolution under the FLSA, including the amount designated for attorney's fees and costs. Accordingly, by April 15, 2021, Plaintiff's counsel must email to the undersigned (at valle@flsd.uscourts.gov) counsel's billing records, including counsel's hours, rate(s), total attorney's fees, and costs incurred to support the attorney's fee amount set forth in the Settlement Agreement. Signed by Magistrate Judge Alicia O. Valle on 4/8/2021. (sd01)
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| Filing 22 Joint MOTION for Settlement Approval and for Dismissal With Prejudice as to Defendant Moran Foods LLC by Francisco Duran. Responses due by 4/13/2021 (Bravo, Gustavo) |
| Filing 21 Defendant's RESPONSE to #9 Statement by Leevers Supermarkets, Inc.. (Penichet, Paul) |
| Filing 20 Defendant Leevers Supermarkets, Inc.'s ANSWER and Affirmative Defenses to Amended Complaint by Leevers Supermarkets, Inc.. (Penichet, Paul) |
| Set/Reset Deadlines/Hearings as per DE 19 : Response due by 3/19/2021 (lk) |
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Filing 19
PAPERLESS ORDER GRANTING #14 Defendant Leevers Supermarkets, Inc.'s Unopposed Motion for Extension of Time to File a Response to Plaintiff's Statement of Claim. Defendant must file its response to Plaintiff's Statement of Claim by March 19, 2021. Signed by Magistrate Judge Alicia O. Valle on 3/15/2021. (sd01)
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| Filing 18 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Leevers Supermarkets, Inc. (Penichet, Paul) |
| Filing 17 Joint SCHEDULING REPORT - Rule 26(f) by Leevers Supermarkets, Inc. (Attachments: #1 Exhibit 1)(Penichet, Paul) |
| Filing 16 Election to Jurisdiction for Final Disposition of Motions . Filed by Leevers Supermarkets, Inc. (Penichet, Paul) |
| Filing 15 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Francisco Duran (Bravo, Gustavo) |
| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #9 Statement by Leevers Supermarkets, Inc.. (Attachments: #1 Text of Proposed Order)(Penichet, Paul) |
| Filing 13 NOTICE of Settlement as to Defendant Moran Foods LLC by Francisco Duran (Bravo, Gustavo) |
| Filing 12 Second AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Francisco Duran.(Bravo, Gustavo) |
| Set/Reset Deadlines/Hearings as per DE 11 : Amended Complaint due by 3/5/2021. (lk) |
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Filing 11
PAPERLESS ORDER granting #10 Consent Motion for Leave to File Second Amended Complaint. Plaintiff shall file his Second Amended Complaint as a separate docket entry by March 5, 2021. Signed by Judge Rodney Smith on 3/1/2021. (cbn)
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| Filing 10 Consent MOTION for Leave to File Second Amended Complaint by Francisco Duran. (Attachments: #1 Exhibit A - Proposed 2nd Amended Complaint, #2 Exhibit B - Stipulation & Consent)(Bravo, Gustavo) |
| Filing 9 Statement of: of Claim by Francisco Duran (Bravo, Gustavo) |
| Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement by Moran Foods, LLC identifying Other Affiliate COPQ, Other Affiliate Arbour Lane Capital Management, LLC, Other Affiliate JP Morgan Investment Management for Moran Foods, LLC (Ackerbaum Cox, Joyce) |
| Filing 7 AMENDED COMPLAINT against All Defendants, filed by Francisco Duran.(Bravo, Gustavo) |
| Filing 6 Defendant's Corporate Disclosure Statement by Leevers Supermarkets, Inc. (Penichet, Paul) |
| Filing 5 NOTICE by Moran Foods, LLC re #1 Notice of Removal (State Court Complaint), . Attorney Joyce Ackerbaum Cox added to party Moran Foods, LLC(pty:dft). (Ackerbaum Cox, Joyce) |
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Filing 4
NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES ORDER REFERRING CASE AND REFERRAL TO MAGISTRATE JUDGE Alicia O. Valle FOR SETTLEMENT CONFERENCEAND FAIRNESS HEARING. Signed by Judge Rodney Smith on 2/9/2021. See attached document for full details. (cds)
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Filing 3
Order Requiring Joint Scheduling Report, certificates of interested parties and Corporate disclosure statements. Joint Scheduling Report due by 3/12/2021. Signed by Judge Rodney Smith on 2/9/2021. See attached document for full details. (lk)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. 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. (jbs) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-14352646, filed by Leevers Supermarkets, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Penichet, Paul)(No Answer/Motion to Dismiss Filed) Modified text on 2/9/2021 (jbs). |
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