MORALES v. D & J CONSTRUCTION INC. et al
| MIGUEL MORALES |
| D & J CONSTRUCTION INC., ATTAWAY ELECTRIC, INC. and RICHARD LEGER |
| 0:2022cv62338 |
| December 14, 2022 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| Alicia O Valle |
| Civil Rights: Jobs |
| 29 U.S.C. § 0201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 16, 2023. A more recent docket listing may be available from PACER.
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Filing 45
ORDER GRANTING #44 the Joint Motion for Approval of FLSA Settlement and to Dismiss Action with Prejudice. Signed by Magistrate Judge Alicia O. Valle on 5/16/2023. See attached document for full details. (jve)
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| Filing 44 Joint MOTION to Dismiss with Prejudice #1 Complaint Approve FLSA Settlement by MIGUEL MORALES. Responses due by 5/25/2023 (Attachments: #1 Text of Proposed Order)(Jimenez, Julisse) |
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Filing 43
PAPERLESS ORDER DIRECTING PARTIES TO FILE JOINT MOTION TO DISMISS CASE. 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. #41 , #42 ). Accordingly, within ten days from the date of this Order, the parties shall file a Joint Motion to Dismiss (NOT a Stipulation of Dismissal) and email the written Settlement Agreement to the undersigned at valle@flsd.uscourts.gov. Further, if the parties wish the Court to retain jurisdiction, the Motion to Dismiss 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). Lastly, this case is administratively CLOSED and all pending motions are DENIED AS MOOT. Signed by Magistrate Judge Alicia O. Valle on 5/1/2023. (sd01)
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Filing 42
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 4/28/2023. See attached document for full details. (cds)
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| Filing 41 Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by D & J CONSTRUCTION INC. (Sarangoulis, Roman) |
| Filing 40 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia O. Valle: Settlement Conference held on 4/26/2023. Case settled. Parties consented to Magistrate Judge jurisdiction. Consent form to follow. Total time in court: 4 hour(s) : 00 minutes. Attorney Appearance(s): Paul Fernandez Penichet, Julisse Jimenez, Roman Sarangoulis (Digital Audio Zoom Meeting ID 160 829 0870). (sd01) |
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Filing 39
PAPERLESS ORDER granting #38 Motion for Extension of Time. The deadline for Amendeded Pleadings and Joinder of Parties is 5/4/2023. Signed by Judge Raag Singhal on 4/14/2023. (am00)
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| Filing 38 Joint MOTION for Extension of Time TO FILE ANY AND ALL MOTIONS TO AMEND PLEADINGS OR JOIN PARTIES re #31 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, by MIGUEL MORALES. Responses due by 4/27/2023 (Attachments: #1 Text of Proposed Order)(Jimenez, Julisse) |
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Filing 37
PAPERLESS ORDER Scheduling Mediation before Marlene Quintana. Mediation Hearing set for 8/8/2023 10:00 AM. The parties may conduct mediation in-person or virtually. All parties and counsel shall attend. The parties shall file a mediation report with the Court no later than three (3) days following conclusion of the mediation. Signed by Judge Raag Singhal on 3/30/2023. (am00)
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| Filing 36 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Marlene Quintana as Mediator. Mediation Hearing set for 08/08/2023 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order)(Jimenez, Julisse) |
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Filing 35
ORDER SETTING SETTLEMENT CONFERENCE IN FLSA CASE. Settlement Conference set for 4/26/2023 at 2:00 PM in Fort Lauderdale Division before Magistrate Judge Alicia O. Valle. Signed by Magistrate Judge Alicia O. Valle on 3/27/2023. See attached document for full details. (jve)
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| Filing 34 NOTICE of Attorney Appearance by Paul Fernandez Penichet on behalf of ATTAWAY ELECTRIC, INC., D & J CONSTRUCTION INC., RICHARD LEGER. Attorney Paul Fernandez Penichet added to party ATTAWAY ELECTRIC, INC.(pty:dft), Attorney Paul Fernandez Penichet added to party D & J CONSTRUCTION INC.(pty:dft), Attorney Paul Fernandez Penichet added to party RICHARD LEGER(pty:dft). (Penichet, Paul) |
| Filing 33 RESPONSE to #30 MOTION to Strike #25 Answer to Complaint, #23 Answer to Complaint, #24 Answer to Complaint by ATTAWAY ELECTRIC, INC., D & J CONSTRUCTION INC., RICHARD LEGER. (Sarangoulis, Roman) |
| Filing 32 RESPONSE to #27 Statement of Claim by ATTAWAY ELECTRIC, INC., D & J CONSTRUCTION INC., RICHARD LEGER. (Sarangoulis, Roman) |
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Filing 31
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 12/4/2023 09:00 AM in Fort Lauderdale Division before Judge Raag Singhal., Calendar Call set for 12/1/2023 10:00 AM via Zoom in Fort Lauderdale Division before Judge Raag Singhal., Amended Pleadings due by 4/14/2023., Discovery due by 8/18/2023., Expert Discovery due by 8/18/2023., Joinder of Parties due by 4/14/2023., Mediation Deadline 8/25/2023., In Limine Motions due by 10/6/2023., Dispositive Motions due by 9/1/2023., Motions due by 9/1/2023.), ORDER REFERRING CASE to Mediation. ORDER REFERRING CASE to Magistrate Judge Alicia O. Valles for Discovery Matters. Signed by Judge Raag Singhal on 2/28/2023. 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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| Set Deadline. Pretrial Stipulation due by 11/21/2023. PER DE#31 (cds) |
| Filing 30 MOTION to Strike #25 Answer to Complaint, #23 Answer to Complaint, #24 Answer to Complaint by MIGUEL MORALES. Responses due by 3/14/2023 (Jimenez, Julisse) |
| Filing 29 Joint SCHEDULING REPORT - Rule 16.1 by MIGUEL MORALES (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Jimenez, Julisse) |
| Filing 28 NOTICE of Compliance by MIGUEL MORALES re #26 Order of Requirements,, Order Requiring Joint Scheduling Report,, Order Referring Case to Magistrate Judge, (Jimenez, Julisse) |
| Filing 27 Statement of: OF CLAIM by MIGUEL MORALES re #26 Order of Requirements,, Order Requiring Joint Scheduling Report,, Order Referring Case to Magistrate Judge, (Jimenez, Julisse) |
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Filing 26
ORDER REQUIRING SCHEDULING REPORT, CERTIFICATE OF INTERESTED PARTIES, AND STATEMENT OF CLAIM AND RESPONSE IN FLSA CASE, ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Settlement Conference. Signed by Judge Raag Singhal on 2/13/2023. See attached document for full details. (cds)
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| Filing 25 Defendant Richard Leger's ANSWER and Affirmative Defenses to Complaint by RICHARD LEGER. (Sarangoulis, Roman) |
| Filing 24 Defendant D & J Construction Inc.'s ANSWER and Affirmative Defenses to Complaint by D & J CONSTRUCTION INC.. (Sarangoulis, Roman) |
| Filing 23 Defendant Attaway Electric, Inc.'s ANSWER and Affirmative Defenses to Complaint by ATTAWAY ELECTRIC, INC.. (Sarangoulis, Roman) |
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Filing 22
PAPERLESS ORDER denying as moot #19 Motion for Extension of Time. Signed by Judge Raag Singhal on 1/27/2023. (am00)
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Filing 21
PAPERLESS ORDER granting #20 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Response / Answer is due by February 7, 2023. Signed by Judge Raag Singhal on 1/27/2023. (am00)
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| Filing 20 Corrected MOTION for Extension of Time to File Response/Reply/Answer as to #19 Second MOTION for Extension of Time to Respond to Plaintiff's Complaint re #1 Complaint, #1 Complaint by ATTAWAY ELECTRIC, INC., D & J CONSTRUCTION INC., RICHARD LEGER. (Sarangoulis, Roman) |
| Filing 19 Second MOTION for Extension of Time to Respond to Plaintiff's Complaint re #1 Complaint by ATTAWAY ELECTRIC, INC., D & J CONSTRUCTION INC., RICHARD LEGER. Responses due by 2/7/2023 (Attachments: #1 Text of Proposed Order)(Sarangoulis, Roman) |
| Filing 18 Clerk's Notice to Filer re #17 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. Pedro Forment, Esq. (Defendants counsel) (cds) |
| Filing 17 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by RICHARD LEGER (Sarangoulis, Roman) |
| Filing 16 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by D & J CONSTRUCTION INC. (Sarangoulis, Roman) |
| Filing 15 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by ATTAWAY ELECTRIC, INC. (Sarangoulis, Roman) |
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Filing 14
PAPERLESS ORDER granting #13 Motion for Extension of Time to File Response/Answer to Complaint for All Defendants. Response/Answer due 1/24/2023. Signed by Judge Raag Singhal on 1/9/2023. (pls)
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by ATTAWAY ELECTRIC, INC., D & J CONSTRUCTION INC., RICHARD LEGER. Attorney Roman Alan Sarangoulis added to party ATTAWAY ELECTRIC, INC.(pty:dft), Attorney Roman Alan Sarangoulis added to party D & J CONSTRUCTION INC.(pty:dft), Attorney Roman Alan Sarangoulis added to party RICHARD LEGER(pty:dft). (Attachments: #1 Text of Proposed Order)(Sarangoulis, Roman) |
| Filing 12 Notice of NO Pending, Refiled, Related or Similar Actions by MIGUEL MORALES (Jimenez, Julisse) |
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Filing 11
PAPERLESS ORDER re #7 Notice of Pending, Refiled, Related or Similar Actions filed by MIGUEL MORALES. Filer is directed to resubmit Notice specifying case number and assigned District Judge for each related or similar action by 12/28/2022. Signed by Judge Raag Singhal on 12/21/2022. (pls)
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| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MIGUEL MORALES. RICHARD LEGER served on 12/20/2022, response/answer due 1/10/2023. (Jimenez, Julisse) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MIGUEL MORALES. D & J CONSTRUCTION INC. served on 12/20/2022, response/answer due 1/10/2023. (Jimenez, Julisse) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MIGUEL MORALES. ATTAWAY ELECTRIC, INC. served on 12/20/2022, response/answer due 1/10/2023. (Jimenez, Julisse) |
| Filing 7 Notice of Pending, Refiled, Related or Similar Actions by MIGUEL MORALES (Jimenez, Julisse) |
| Filing 6 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by MIGUEL MORALES (Jimenez, Julisse) |
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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 12/15/2022. (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 12/15/2022. (pls) |
| Filing 3 Summons Issued as to ATTAWAY ELECTRIC, INC., D & J CONSTRUCTION INC., RICHARD LEGER. (nwn) |
| 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 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. (nwn) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16171379, filed by MIGUEL MORALES. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Jimenez, Julisse) |
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