Nodell et al v. Nicky's Restaurant Equpment LLC et al
| Christopher James Nodell, Michael Perez and Joshua Garber |
| Nicky's Restaurant Equpment LLC doing business as Stromboli Pizza and Nicholas Maltese |
| 0:2022cv62164 |
| November 18, 2022 |
| US District Court for the Southern District of Florida |
| Panayotta D Augustin-Birch |
| Kathleen M Williams |
| 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 January 13, 2023. A more recent docket listing may be available from PACER.
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Filing 16
PAPERLESS ORDER SETTING STATUS CONFERENCE: A Status Conference is set in this matter on January 23, 2023, at 10:00 a.m. in the Fort Lauderdale Division before United States Magistrate Judge Augustin-Birch, to take place via Zoom Video Teleconference. To log in through ZoomGov Meeting, use Meeting ID: 16096518849 and Passcode: 752819. All counsel shall appear by both audio and video. In advance of the Status Conference, counsel shall confer regarding their proposed pretrial and trial dates and deadlines. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 1/13/2023. (sk01)
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Filing 15
ORDER DENYING #7 DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' COMPLAINT. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 1/13/2023. See attached document for full details. (sk01)
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Filing 14
ORDER REFERRING CASE to US Magistrate Judge Panayotta D Augustin-Birch for all further proceedings in the above-captioned case. Judge Kathleen M. Williams no longer assigned as presider judge in case. Signed by Judge Kathleen M. Williams on 1/6/2023. See attached document for full details. (jas)
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Filing 13
NOTICE of Compliance by Joshua Garber, Christopher James Nodell, Michael Perez re #12 Consent to Jurisdiction by US Magistrate Judge filed by Christopher James Nodell, Joshua Garber, Michael Perez, #5 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, (Kozolchyk, Elliot)
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Filing 12
Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Joshua Garber, Christopher James Nodell, Michael Perez (Kozolchyk, Elliot)
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Filing 11
PAPERLESS ORDER REFERRING MOTION TO MAGISTRATE JUDGE AUGUSTIN-BIRCH. THIS MATTER is before the Court sua sponte. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, it is ORDERED AND ADJUDGED that #7 Defendants' Motion to Dismiss is REFERRED to U.S. Magistrate Judge Panayotta D. Augustin-Birch for a report and recommendation. Signed by Judge Kathleen M. Williams on 1/3/2023. (sgm)
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Filing 10
RESPONSE in Opposition re #7 Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction filed by Joshua Garber, Christopher James Nodell, Michael Perez. Replies due by 1/6/2023. (Kozolchyk, Elliot)
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Filing 9
Defendant's RESPONSE to #8 Statement, by Nicholas Maltese, Nicky's Restaurant Equpment LLC. (Attachments: #1 Exhibit Def Response to Statement of Claim, #2 Exhibit C Nodell ADP Records, #3 Exhibit J. Garber ADP Records, #4 Exhibit J. Garber Timeclock Records, #5 Exhibit M. Perez ADP Records, #6 Exhibit M. Perez Timeclock Records)(Cannizzo, Lydia)
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Filing 8
Statement of: Claim by Joshua Garber, Christopher James Nodell, Michael Perez re #5 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, (Attachments: #1 Exhibit A - Plaintiff Christopher James Nodell's Statement of Claim, #2 Exhibit B - Plaintiff Michael Perez's Statement of Claim, #3 Exhibit C - Plaintiff Joshua Garber's Statement of Claim)(Kozolchyk, Elliot)
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Filing 7
Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction by Nicholas Maltese, Nicky's Restaurant Equpment LLC. Responses due by 12/30/2022 (Cannizzo, Lydia)
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Filing 6
ORDER SETTING DISCOVERY PROCEDURES. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 12/7/2022. See attached document for full details. (sk01)
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Filing 5
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN FLSA CASES. REFERRING CASE to US Magistrate Judge Panayotta D Augustin-Birch for all discovery disputes and non-dispositive pretrial motions. Signed by Judge Kathleen M. Williams on 12/6/2022. See attached document for full details. (jas)
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Filing 4
NOTICE of Attorney Appearance by Lydia B. Cannizzo on behalf of Nicholas Maltese, Nicky's Restaurant Equpment LLC. Attorney Lydia B. Cannizzo added to party Nicholas Maltese(pty:dft), Attorney Lydia B. Cannizzo added to party Nicky's Restaurant Equpment LLC(pty:dft). (Cannizzo, Lydia)
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Filing 3
Summons Issued as to Nicholas Maltese, Nicky's Restaurant Equpment LLC. (rbe).
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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 Panayotta Augustin-Birch 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. (rbe)
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Filing 1
COMPLAINT against All Defendants. Filing fees $ 402.00. Pay.gov Agency Tracking ID FLSDC-16112257, payment transferred from : 0:22-cv-62160-XXXX Nodell et al v. Nickys Restaurant Equpment LLC et al, filed by Christopher James Nodell, Joshua Garber, Michael Perez. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit A - Plaintiff Christopher James Nodell's Statement of Claim, #4 Exhibit B - Plaintiff Michael Perez's Statement of Claim, #5 Exhibit C - Plaintiff Joshua Garber's Statement of Claim)(Kozolchyk, Elliot)
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