Rodriguez v. Tah Operations, LLC
| Pedro Rodriguez |
| Tah Operations, LLC doing business as Tricon Residential and Tah Operations, LLC A Florida Limited Liability Company doing business as Tricon Residential |
| 0:2022cv60118 |
| January 17, 2022 |
| US District Court for the Southern District of Florida |
| Alicia O Valle |
| Kathleen M Williams |
| Labor: Fair Standards |
| 29 U.S.C. ยง 0201 Fair Labor Standards Act |
| Plaintiff |
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Filing 10
PAPERLESS ORDER. THIS MATTER is before the Court on the Parties' Joint Motion to Stay Proceedings Pending Mediation And Arbitration #8 . Section 3 of the Federal Arbitration Act provides: If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration. 9 U.S.C. 3. "The FAA places arbitration agreements on equal footing with all other contracts and sets forth a clear presumption a 'national policy' in favor of arbitration." Parnell v. Cash Call, Inc., 804 F.3d 1142, 1146 (11th Cir. 2015) (citing Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 443 (2006)).Having reviewed the Motion #8 and the record, the Court finds that a valid arbitration agreement exists, and the Parties agree to its enforceability in this action. Accordingly, it is ORDERED AND ADJUDGED that the Joint Motion #8 is GRANTED. The Parties are COMPELLED to proceed to mediation and, if necessary, arbitration regarding all matters in dispute in compliance with the terms of the agreement. This case is STAYED for sixty days pending the resolution of mediation and/or arbitration.Finally, in all FLSA cases, if the case is resolved by way of settlement at the mediation, judicial review and approval of the settlement is necessary to give the settlement final and binding effect. See Lynns Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th Cir. 1982). Should the Parties resolve the matter in mediation, as opposed to arbitration, the Parties shall file the settlement agreement and a motion to approve the settlement agreement. This case is CLOSED for administrative purposes. Signed by Judge Kathleen M. Williams on 3/9/2022. (shy)
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| Filing 9 NOTICE of Attorney Appearance by Mariana C. Muci on behalf of Tah Operations, LLC. Attorney Mariana C. Muci added to party Tah Operations, LLC(pty:dft). (Muci, Mariana) |
| Filing 8 Joint MOTION to Stay Action Pending Mediation and/or Arbitration by Tah Operations, LLC. Attorney Paul Fernandez Penichet added to party Tah Operations, LLC(pty:dft). Responses due by 2/22/2022 (Attachments: #1 Exhibit (a), #2 Text of Proposed Order)(Penichet, Paul) |
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Filing 7
ORDER OF REFERRAL AND ORDER OF COURT PRACTICE IN FLSA CASES Referring Case to Magistrate Judge Alicia O. Valle for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 1/25/2022. See attached document for full details. (jbs)
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| 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 Pedro Rodriguez. Tah Operations, LLC served on 1/21/2022, response/answer due 2/11/2022. (Storch, Noah) |
| Filing 5 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Pedro Rodriguez (Storch, Noah) |
| Filing 4 Notice of NO Pending, Refiled, Related or Similar Actions by Pedro Rodriguez (Storch, Noah) |
| Filing 3 Summons Issued as to Tah Operations, LLC. (pcs) |
| 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. (pcs) |
| Filing 1 COMPLAINT against Tah Operations, LLC. Filing fees $ 402.00 receipt number AFLSDC-15321853, filed by Pedro Rodriguez. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Storch, Noah) |
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