Martello v. Bridge Real Estate Group, LLC
| Claudete Pelissaro Martello |
| Bridge Real Estate Group, LLC |
| 0:2022cv61758 |
| September 20, 2022 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| Alicia O Valle |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 19, 2023. A more recent docket listing may be available from PACER.
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Filing 30
ORDER APPROVING SETTLEMENT AGREEMENT AND DISMISSING CASE WITH PREJUDICE. Signed by Magistrate Judge Alicia O. Valle on 6/19/2023. See attached document for full details. (sd01)
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| Filing 29 MOTION for Settlement Approval by Claudete Pelissaro Martello. Responses due by 6/14/2023 (Kozolchyk, Elliot) |
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Filing 28
PAPERLESS ORDER REQUIRING JOINT MOTION TO DISMISS AND ADMINISTRATIVELY CLOSING CASE. This cause comes before the Court upon #27 the Notice of Settlement. Before the Court can dismiss this case and approve a settlement of the FLSA claims, the Court must scrutinize the settlement and determine that it is a "fair and reasonable resolution of a bona fide dispute over FLSA provisions." Lynn's Food Stores v. United States, 679 F.2d 1350, 1355 (11th Cir. 1982). The Court must also consider "the reasonableness of [Plaintiff's] counsel's legal fees to assure both that counsel is compensated adequately and that no conflict of interest taints the amount the wronged employee recovers under a settlement agreement." Silva v. Miller, 307 F. App'x 349, 351 (11th Cir. 2009). Accordingly, within 14 days from the date of this Order, the parties must: (i) file a Joint Motion to Approve Settlement of FLSA Claims and to Dismiss Case with Prejudice (NOT a Stipulation of Dismissal; (ii) email to the undersigned (at valle@flsd.uscourts.gov) the written Settlement Agreement; and (iii) email to the undersigned Plaintiff's counsel's hours, billing rate(s), total attorney's fees, and costs incurred in the litigation, including billing records to support the fees and costs set forth in the Settlement Agreement. If the Parties wish for the Court to retain jurisdiction, the Motion should so indicate, or the dismissal may deprive the Court of jurisdiction to do anything further. Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). Lastly, this case is administratively CLOSED and all pending motions are DENIED AS MOOT. Signed by Magistrate Judge Alicia O. Valle on 5/17/2023. (sd01)
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| Filing 27 NOTICE of Settlement by Claudete Pelissaro Martello (Kozolchyk, Elliot) |
| Hearing(s) terminated re: DE #13 as to prior presider. (jmd) Modified on 5/2/2023 re: Docket Text. (jmd) |
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Filing 26
PAPERLESS ORDER DIRECTING PARTIES TO FILE JOINT STATUS REPORT. This cause comes before the Court upon a review of the record. 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. #24 , #25 ). Accordingly, within 14 days from the date of this Order, the parties must advise the Court of the status of the case, including whether the parties intend to seek a Trial Scheduling Order, if necessary, for the case to proceed before the undersigned. Signed by Magistrate Judge Alicia O. Valle on 4/27/2023. (sd01)
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Filing 25
ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Trial. Judge Raag Singhal no longer assigned as presider judge in case. Signed by Judge Raag Singhal on 4/26/2023. See attached document for full details. (cds)
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| Filing 24 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Claudete Pelissaro Martello (Kozolchyk, Elliot) |
| Filing 23 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia O. Valle: Settlement Conference held on 3/9/2023. The parties reached an impasse. Case did not settle. Total time in court: 1 hour(s) : 20 minutes. Attorney Appearance(s): Susan Virginia Warner, Elliot Ari Kozolchyk, (Digital Audio Zoom meeting 161 106 4203) (tpl) |
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Filing 22
ORDER SETTING SETTLEMENT CONFERENCE IN FLSA CASE. Settlement Conference set for 3/9/2023 at 2:00 PM in Fort Lauderdale Division before Magistrate Judge Alicia O. Valle. Signed by Magistrate Judge Alicia O. Valle on 2/13/2023. See attached document for full details. (sd01)
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Filing 21
PAPERLESS ORDER Scheduling Mediation before Sarah Zabel, Esq. Mediation Hearing set for 3/15/2023 at 10:00 AM via video conference. All parties and counsel must attend. A mediation report shall be filed by 3/20/2023. Signed by Judge Raag Singhal on 1/19/2023. (am00)
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| Filing 20 NOTICE of Mediation Hearing. Mediation Hearing set for March 15, 2023 at 10:00 a.m.. (Kozolchyk, Elliot) Modified Text on 1/19/2023 (cds). |
| Filing 19 NOTICE of Mediator Selection and Hearing. Selected/Added Sarah Zabel as Mediator. Mediation Hearing set for March 15, 2023 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order)(Kozolchyk, Elliot) |
| Filing 18 Statement of: Response to Plaintiff's Statement of Claim by Bridge Real Estate Group, LLC re #15 Statement (Warner, Susan) |
| Filing 17 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Claudete Pelissaro Martello (Kozolchyk, Elliot) |
| Filing 16 NOTICE of Compliance by Claudete Pelissaro Martello re #14 Order of Requirements, Order Referring Case to Magistrate Judge (Kozolchyk, Elliot) |
| Filing 15 Statement of: Claim by Claudete Pelissaro Martello re #14 Order of Requirements, Order Referring Case to Magistrate Judge (Attachments: #1 Exhibit A - Plaintiff's Statement of Claim)(Kozolchyk, Elliot) |
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Filing 14
ORDER REQUIRING STATEMENT OF CLAIM AND RESPONSE, AND REFERRAL TO MAGISTRATE JUDGE Alicia O. Valle for Settlement Conference. Signed by Judge Raag Singhal on 11/30/2022. See attached document for full details. (cds)
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Filing 13
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 11/6/2023 09:00 AM in Fort Lauderdale Division before Judge Raag Singhal., Calendar Call set for 11/3/2023 10:00 AM in Fort Lauderdale Division before Judge Raag Singhal., Amended Pleadings due by 1/29/2023., Discovery due by 7/13/2023., Expert Discovery due by 7/13/2023., Joinder of Parties due by 1/29/2023., Mediation Deadline 7/20/2023., In Limine Motions due by 9/22/2023., Dispositive Motions due by 7/28/2023., Motions due by 7/28/2023., Pretrial Stipulation due by 10/24/2023.), ORDER REFERRING CASE to Mediation. ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Discovery Matters. Signed by Judge Raag Singhal on 11/30/2022. See attached document for full details. (cds) #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 12 Joint SCHEDULING REPORT - Rule by Claudete Pelissaro Martello (Attachments: #1 Text of Proposed Order)(Kozolchyk, Elliot) |
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Filing 11
ORDER REQUIRING SCHEDULING REPORT: Joint Scheduling Report due by 11/29/2022. Signed by Judge Raag Singhal on 11/14/2022. See attached document for full details. (mab)
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| Filing 10 ANSWER and Affirmative Defenses to Complaint by Bridge Real Estate Group, LLC. (Warner, Susan) |
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Filing 9
PAPERLESS ORDER granting #8 Motion for Extension of Time to File Response/Answer to Complaint for Defendant Bridge Real Estate Group, LLC. Response/Answer due 11/11/2022. Signed by Judge Raag Singhal on 10/27/2022. (pls)
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| Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, for additional two week extension of time by Bridge Real Estate Group, LLC. (Warner, Susan) |
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Filing 7
PAPERLESS ORDER granting #6 Motion for Extension of Time to File Response/Answer to Complaint for Defendant Bridge Real Estate Group, LLC. Response/Answer due 10/28/2022. Signed by Judge Raag Singhal on 10/17/2022. (pls)
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| Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Bridge Real Estate Group, LLC. Attorney Susan Virginia Warner added to party Bridge Real Estate Group, LLC(pty:dft). (Warner, Susan) |
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Filing 5
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 9/21/2022. (pls)
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| Filing 4 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions.Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 9/21/2022. (pls) |
| Filing 3 Summons Issued as to Bridge Real Estate Group, LLC. (swr) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian 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. (swr) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15961966, filed by Claudete Pelissaro Martello. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit A - Plaintiff's Statement of Claim)(Kozolchyk, Elliot) |
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| Plaintiff: Claudete Pelissaro Martello | |
| Represented By: | Elliot Ari Kozolchyk |
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| Defendant: Bridge Real Estate Group, LLC | |
| Represented By: | Susan Virginia Warner |
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