Martinez v. Durcon Construction, LLC et al
| Marcos Martinez |
| Durcon Construction, LLC, Eddie Gainer and Jacqueline Renee Champion |
| 0:2023cv60722 |
| April 17, 2023 |
| US District Court for the Southern District of Florida |
| Panayotta D Augustin-Birch |
| Donald M Middlebrooks |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 Fair Labor Standards Act |
| Defendant |
Docket Report
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This docket was last retrieved on June 15, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 RESPONSE in Opposition re #21 Plaintiff's MOTION to Dismiss #17 Answer to Complaint, Counterclaim Plaintiff's MOTION to Strike #17 Answer to Complaint, Counterclaim, #20 Defendant's MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 11 and Florida Statute 57.105 and Incorporated Memorandum of Law filed by Jacqueline Renee Champion, Durcon Construction, LLC, Eddie Gainer. Replies due by 6/22/2023. (Macelloni, Jocelyne) |
| Filing 23 MOTION to Seal Exhibit B to Defendants Motion for Sanctions per Local Rule 5.4 by Jacqueline Renee Champion, Durcon Construction, LLC, Eddie Gainer. (Attachments: #1 Text of Proposed Order [Proposed] Order on Defendants Motion to Seal Exhibit B to Defendants Motion for Sanctions) (Macelloni, Jocelyne) |
| Filing 22 NOTICE by Jacqueline Renee Champion, Durcon Construction, LLC, Eddie Gainer of Filing Redacted Exhibit B to Defendants Motion for Sanctions [ECF 20-2] (Attachments: #1 Exhibit Redacted Exhibit B to ECF 20) (Macelloni, Jocelyne) |
| Filing 21 Plaintiff's MOTION to Dismiss #17 Answer to Complaint, Counterclaim , Plaintiff's MOTION to Strike #17 Answer to Complaint, Counterclaim, #20 Defendant's MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 11 and Florida Statute 57.105 and Incorporated Memorandum of Law by Marcos Martinez. Responses due by 6/16/2023 (Attachments: #1 Exhibit A - Defendants' First Letter Threatening Sanctions, #2 Exhibit B - Defendants' Second Letter Threatening Sanctions, #3 Exhibit C - Defendants' Third Letter Threatening Fees)(Kozolchyk, Elliot) |
| Filing 20 Defendant's MOTION for Sanctions Pursuant to Federal Rule of Civil Procedure 11 and Florida Statute 57.105 and Incorporated Memorandum of Law by Jacqueline Renee Champion, Durcon Construction, LLC, Eddie Gainer. (Attachments: #1 Exhibit A, #2 Exhibit B)(Macelloni, Jocelyne) |
| Filing 19 Plaintiff's NOTICE of Mediator Selection and Hearing. Selected/Added Sarah I. Zabel as Mediator. Mediation Hearing set for Monday, August 8, 2022 at 10:00 a.m. (Attachments: #1 Text of Proposed Order)(Kozolchyk, Elliot) |
| Filing 18 REPORT REGARDING Settlement by Marcos Martinez (Kozolchyk, Elliot) |
| Filing 17 ANSWER and Affirmative Defenses to Complaint with Jury Demand , COUNTERCLAIM against Marcos Martinez by Durcon Construction, LLC, Jacqueline Renee Champion, Eddie Gainer. (Macelloni, Jocelyne) |
| Filing 16 RESPONSE to #13 Statement of Claim by Jacqueline Renee Champion, Durcon Construction, LLC, Eddie Gainer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Macelloni, Jocelyne) |
| Filing 15 Joint SCHEDULING REPORT - Rule by Marcos Martinez (Kozolchyk, Elliot) |
| Filing 14 NOTICE of Compliance by Marcos Martinez re #11 Order of Requirements,, (Kozolchyk, Elliot) |
| Filing 13 Statement of: Claim by Marcos Martinez re #11 Order of Requirements,, (Attachments: #1 Exhibit A - Plaintiff's Statement of Claim)(Kozolchyk, Elliot) |
| Filing 12 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 5/18/2023., Discovery due by 8/24/2023., Joinder of Parties due by 5/18/2023., In Limine Motions due by 9/7/2023., Dispositive Motions due by 9/7/2023., Motions due by 9/7/2023., Pretrial Stipulation due by 10/9/2023., Jury Trial set for 11/6/2023 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 11/1/2023 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 5/11/2023. See attached document for full details. (nan) #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. |
Filing 11
ORDER SETTING FLSA SCHEDULE. By May 18, 2023, Plaintiff shall file with the Court a statement of claim setting forth (1) the period of time in which Plaintiff was employed by Defendant(s); (2) the amount of the alleged unpaid wages; (3) the calculation of such wages (hours worked and hourly rate); (4) the nature of the wages (e.g. overtime or regular); and (5) the dates of the alleged violations. Plaintiff shall serve the statement of claim, together with copies of all documents supporting the claim(e.g. time slips, pay stubs) on defense counsel. (Statement of Claim due by 5/18/2023). Signed by US Magistrate Judge Panayotta D Augustin-Birch on 5/11/2023. See attached document for full details. (nan)
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| Filing 10 Corporate Disclosure Statement by Durcon Construction, LLC (Macelloni, Jocelyne) |
| Filing 9 PAPERLESS Minute Entry for proceeding held before US Magistrate Judge Panayotta D Augustin-Birch: A Scheduling Conference was held on 5/11/2023. Total time in court: 0 hours : 12 minutes. Attorney Appearances: Jocelyne Anne Macelloni, Elliot Ari Kozolchyk. (sk01) |
| Filing 8 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Marcos Martinez (Kozolchyk, Elliot) |
| Filing 7 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Jacqueline Renee Champion, Durcon Construction, LLC, Eddie Gainer. (Macelloni, Jocelyne) |
| Filing 6 NOTICE of Attorney Appearance by Jocelyne Anne Macelloni on behalf of Jacqueline Renee Champion, Durcon Construction, LLC, Eddie Gainer. Attorney Jocelyne Anne Macelloni added to party Jacqueline Renee Champion(pty:dft), Attorney Jocelyne Anne Macelloni added to party Durcon Construction, LLC(pty:dft), Attorney Jocelyne Anne Macelloni added to party Eddie Gainer(pty:dft). (Macelloni, Jocelyne) |
| Filing 5 PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: A Scheduling Conference is set in this matter on May 11, 2023, at 9:30 a.m. Eastern Standard Time in the Fort Lauderdale Division before United States Magistrate Judge Augustin-Birch, to take place via Zoom Video Teleconference. Any motions to modify the existing trial date should be filed two business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 16096518849 and Passcode: 752819. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of the conference report requirement of Local Rule 16.1(b). Any motion to continue the Scheduling Conference must include at least three alternative dates on which all counsel and any pro se parties are available for a rescheduled Conference. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 5/4/2023. (sk01) |
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Filing 4
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 11/6/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 11/1/2023 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to US Magistrate Judge Panayotta D Augustin-Birch for Panayotta Augustin-Birch to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request. with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 5/4/2023. See attached document for full details. (nan) #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 3 Summons Issued as to Jacqueline Renee Champion, Durcon Construction, LLC, Eddie Gainer. (nwn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. 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. (nwn) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16543996, filed by Marcos Martinez. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit A - Plaintiff's Statement of Claim)(Kozolchyk, Elliot) |
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