Eltahir v. Nomi Health, Inc. et al
Plaintiff: Alaa Eltahir
Defendant: NOMI HEALTH, INC., Medix Staffing, Inc., Mark Newman, Joshua WALKER, DANIEL SCHWENDIMAN and Does 1 through 100
Case Number: 0:2022cv61046
Filed: June 2, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: Cecilia M Altonaga
Referring Judge: Jared M Strauss
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 0201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 29, 2022 Filing 37 NOTICE of Compliance JOINT NOTICE by Alaa Eltahir (Scott, Cathleen)
July 29, 2022 Opinion or Order Filing 36 DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jared M. Strauss on 7/29/2022. See attached document for full details. (emd)
July 28, 2022 Opinion or Order Filing 35 ORDER Setting Trial and Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge: Trial set for two-week period beginning 4/24/2023 in Miami Division before Chief Judge Cecilia M. Altonaga. Calendar Call set for 4/18/2023 09:00 AM in Miami Division before Chief Judge Cecilia M. Altonaga. Motions to amend pleadings or join parties due by 9/8/2022. All Discovery, including Expert Discovery, due by 12/27/2022. Mediation Deadline 1/12/2023. In Limine Motions due by 2/9/2023. Pretrial Motions due by 1/19/2023. Pretrial Stipulation due by 2/9/2023. REFERRING CASE to Magistrate Judge Jared M. Strauss for discovery matters. Signed by Chief Judge Cecilia M. Altonaga on 7/28/2022. See attached document for full details. (ps1)
July 27, 2022 Filing 34 Joint SCHEDULING REPORT - Rule 16.1 by Medix Staffing, Inc., Mark Newman, Nomi Health, Inc., Daniel Schwendiman, Joshua Walker (Attachments: #1 Exhibit A - Schedule Jointly Proposed by the Parties)(McKinley, Andrew)
July 21, 2022 Opinion or Order Filing 33 Order Setting Settlement Conference via Video Conference for 8/8/2022 at 1:30 PM before Magistrate Judge Jared M. Strauss. Joint Notice of Compliance & Confidential Settlement Statements due by 8/1/2022. Signed by Magistrate Judge Jared M. Strauss on 7/21/2022. See attached document for full details. (emd)
July 20, 2022 Filing 32 RESPONSE to #24 Notice (Other) Plaintiff's Amended Statement of Claim by Medix Staffing, Inc., Mark Newman, Nomi Health, Inc., Daniel Schwendiman, Joshua Walker. (McKinley, Andrew)
July 20, 2022 Filing 31 Certificate of Other Affiliates by Mark Newman, Joshua Walker (McKinley, Andrew)
July 20, 2022 Filing 30 ANSWER and Affirmative Defenses to Complaint by Mark Newman, Joshua Walker. Attorney Andrew Michael McKinley added to party Mark Newman(pty:dft), Attorney Andrew Michael McKinley added to party Joshua Walker(pty:dft). (McKinley, Andrew)
July 14, 2022 Opinion or Order Filing 29 ORDER granting in part #26 Unopposed Motion for an Extension of Time to File Joint Scheduling Report. The parties have up to and including July 27, 2022 to file a joint scheduling report. Signed by Chief Judge Cecilia M. Altonaga on 7/14/2022. See attached document for full details. (wc)
July 14, 2022 Opinion or Order Filing 28 ORDER Dismissing Party Does 1 through 100. Signed by Chief Judge Cecilia M. Altonaga on 7/14/2022. See attached document for full details. (wc)
July 13, 2022 Filing 27 Amended Certificate of Other Affiliates/Corporate Disclosure Statement by Medix Staffing, Inc., Nomi Health, Inc., Daniel Schwendiman identifying Corporate Parent MEDX STAFFING, INC. for Nomi Health, Inc. (McKinley, Andrew)
July 13, 2022 Filing 26 Unopposed MOTION for Extension of Time To File Joint Scheduling Report re #19 Order,,, by Medix Staffing, Inc., Nomi Health, Inc., Daniel Schwendiman. Responses due by 7/27/2022 (Attachments: #1 Text of Proposed Order)(McKinley, Andrew)
July 13, 2022 Filing 25 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Alaa Eltahir (Scott, Cathleen)
June 30, 2022 Filing 24 NOTICE by Alaa Eltahir Amended Statement of Claim (Attachments: #1 Exhibit Court Orders, #2 Exhibit Paystubs) (OBeidy, A.)
June 29, 2022 Opinion or Order Filing 23 ORDER re #4 Order to file statement of claim and #10 statement of claim filed by Alaa Eltahir; Plaintiff, Alaa Eltahir, shall file a notice no later than June 30, 2022, indicating compliance with the Order and the date of service of his Statement of Claim on Defendants. Signed by Chief Judge Cecilia M. Altonaga on 6/29/2022. See attached document for full details. (ps1)
June 28, 2022 Filing 22 Corporate Disclosure Statement by Medix Staffing, Inc. (McKinley, Andrew)
June 28, 2022 Filing 21 Corporate Disclosure Statement by Nomi Health, Inc. (McKinley, Andrew)
June 28, 2022 Filing 20 ANSWER and Affirmative Defenses to Complaint Dkt. 9 - Plaintiff's First Amended Complaint by Medix Staffing, Inc., Nomi Health, Inc., Daniel Schwendiman. Attorney Andrew Michael McKinley added to party Medix Staffing, Inc.(pty:dft), Attorney Andrew Michael McKinley added to party Nomi Health, Inc.(pty:dft), Attorney Andrew Michael McKinley added to party Daniel Schwendiman(pty:dft). (McKinley, Andrew)
June 27, 2022 Opinion or Order Filing 19 ORDER re #14 Summons Returned Executed, filed by Alaa Eltahir, #15 Summons Returned Executed, filed by Alaa Eltahir, #13 Summons Returned Executed,, Summons Returned Unexecuted, filed by Alaa Eltahir; Defendants, Nomi Health, Inc.; Medix Staffing, Inc.; and Daniel Schwendiman, and all later served Defendants shall not file responses until all Defendants have been served. After all Defendants have been served, Defendants shall submit a single, combined response or separate answers within the time allowed for the last-served Defendant to respond. Although Defendants are not required to file responses to the Complaint until all Defendants have been served, each Defendant's counsel shall file a notice of appearance within 21 days of service of the Complaint upon that Defendant, or Clerk's defaults may be entered. Signed by Chief Judge Cecilia M. Altonaga on 6/27/2022. See attached document for full details. (ps1)
June 27, 2022 Opinion or Order Filing 18 Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 7/13/2022. Signed by Chief Judge Cecilia M. Altonaga on 6/27/2022. See attached document for full details. (ps1)
June 27, 2022 Filing 17 Summons (Affidavit) Returned Unexecuted by Alaa Eltahir as to Joshua Walker. (OBeidy, A.)
June 27, 2022 Filing 16 Summons (Affidavit) Returned Unexecuted by Alaa Eltahir as to Mark Newman. (OBeidy, A.)
June 27, 2022 Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint, #9 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Alaa Eltahir. Daniel Schwendiman served on 6/9/2022, response/answer due 6/30/2022. (OBeidy, A.)
June 27, 2022 Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint, #9 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Alaa Eltahir. Medix Staffing, Inc. served on 6/7/2022, response/answer due 6/28/2022. (OBeidy, A.)
June 27, 2022 Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint, #9 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Alaa Eltahir. Nomi Health, Inc. served on 6/7/2022, response/answer due 6/28/2022., Summons (Affidavit) Returned Unexecuted by Alaa Eltahir as to Nomi Health, Inc.. (OBeidy, A.)
June 24, 2022 Opinion or Order Filing 12 ORDER requiring service be perfected by 8/31/2022. Signed by Chief Judge Cecilia M. Altonaga on 6/24/2022. See attached document for full details. (ps1)
June 16, 2022 Filing 11 NOTICE of Attorney Appearance by Cathleen Ann Scott on behalf of Alaa Eltahir. Attorney Cathleen Ann Scott added to party Alaa Eltahir(pty:pla). (Scott, Cathleen)
June 13, 2022 Filing 10 NOTICE by Alaa Eltahir Statement of Claim (OBeidy, A.)
June 10, 2022 Filing 9 First AMENDED COMPLAINT for Damages against Alaa Eltahir, filed by Alaa Eltahir.(OBeidy, A.)
June 6, 2022 Filing 8 Summons Issued as to Medix Staffing, Inc., Mark Newman, Nomi Health, Inc., Daniel Schwendiman, Joshua Walker. (dj)
June 6, 2022 Filing 7 NOTICE by Alaa Eltahir Summonses (OBeidy, A.)
June 3, 2022 Filing 6 NOTICE by Alaa Eltahir re 3 Clerks Notice to Filer re: Electronic Case, #1 Complaint, Civil Case Cover Sheet (OBeidy, A.)
June 3, 2022 Opinion or Order Filing 5 PAPERLESS ORDER re #4 Order. Instructions for Setting a Settlement Conference. The District Court has entered an Order, DE #4 , referring the case to me for a settlement conference. Accordingly, once counsel for Defendants appears in this case, counsel for the parties shall meet and confer to determine possible dates on which to conduct the settlement conference. Prior to the due date for Defendants' response to Plaintiff's Statement of Claim, Plaintiff's counsel shall email my Chambers at strauss@flsd.uscourts.gov with at least 3 dates on which the parties and their counsel are available for the settlement conference, within the time period allotted by the District Court's Order, DE #4 . Following the submission of proposed dates, I will enter an order setting the settlement conference. Signed by Magistrate Judge Jared M. Strauss on 6/3/2022. (emd)
June 3, 2022 Opinion or Order Filing 4 Order requiring Plaintiff to file a Statement of Claim by 6/16/2022. REFERRING CASE to Magistrate Judge Jared M. Strauss for Settlement Conference. Signed by Chief Judge Cecilia M. Altonaga on 6/3/2022. See attached document for full details. (ps1)
June 3, 2022 Filing 3 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (mab)
June 2, 2022 Filing 2 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. 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. (mab)
June 2, 2022 Filing 1 COMPLAINT against Medix Staffing, Inc., NOMI HEALTH, INC., Mark Newman, DANIEL SCHWENDIMAN, Joshua WALKER. Filing fees $ 402.00 receipt number BFLSDC-15687536, filed by Alaa Eltahir. (Attachments: #1 Exhibit A, Consent to Become Party/Representative)(OBeidy, A.)

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Plaintiff: Alaa Eltahir
Represented By: A. Andrew OBeidy
Represented By: Cathleen Ann Scott
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Defendant: NOMI HEALTH, INC.
Represented By: Andrew Michael McKinley
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Defendant: Medix Staffing, Inc.
Represented By: Andrew Michael McKinley
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Defendant: Mark Newman
Represented By: Andrew Michael McKinley
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Defendant: Joshua WALKER
Represented By: Andrew Michael McKinley
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Defendant: DANIEL SCHWENDIMAN
Represented By: Andrew Michael McKinley
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Defendant: Does 1 through 100
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