WORRELL v. FirstService Residential Florida, Inc.
| MARILYN WORRELL |
| FirstService Residential Florida, Inc. |
| 0:2023cv60767 |
| April 25, 2023 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 24
PAPERLESS ORDER CLOSING CASE. THIS CAUSE came before the Court upon the Parties' #23 Joint Stipulation for Voluntary Dismissal with Prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Under Rule 41(a)(1)(A)(ii), a plaintiff may dismiss an action without a court order by filing "a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii). "[A] stipulation filed pursuant to that subsection is self-executing and dismisses the case upon its becoming effective." Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Here, the Stipulation is signed by all Parties who have appeared. Moreover, the Stipulation describes the dismissal as being with prejudice, with each side to bear its own costs, fees, and expenses. The Parties further condition their stipulation on the Court retaining jurisdiction to enforce the terms of the Parties' settlement. Accordingly, and having reviewed the Parties' Joint Stipulation, the record as a whole, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that the above-styled cause is DISMISSED, with prejudice, as set forth the Parties' Joint Stipulation. It is further ORDERED AND ADJUDGED that all pending motions, if any, are DENIED, as moot. All pending hearings and deadlines, if any, are hereby CANCELLED. The Court retains jurisdiction to enforce the terms of the Parties' settlement. Anago, 677 F.3d at 1280. This case remains CLOSED. Signed by Magistrate Judge Lauren Fleischer Louis on 6/12/2023. (elm)
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| Filing 23 STIPULATION of Dismissal Voluntary with Prejudice by FirstService Residential Florida, Inc. (Rodman, Andrew) |
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Filing 22
PAPERLESS NOTICE OF COURT PRACTICE Upon Settlement in Cases Brought Under the Fair Labor Standards Act ("FLSA"). THIS CAUSE is before the Court upon a sua sponte review of the record. On June 5, 2023, the Parties settled this case during a settlement conference before the undersigned. Thereafter, and upon the consent of the Parties, see ECF No. #19 , the case was referred to the undersigned in its entirety by the Honorable K. Michael Moore, United States District Judge. The Court has reviewed the settlement agreement between the parties, the material terms of which were read into the record following the Settlement Conference, see ECF No. 21 . Pursuant to Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th Cir. 1982), the Court finds that the parties' settlement of this action was achieved through representation of all parties by experienced counsel. The Parties' settlement of these claims is the result of a bona fide compromise between them on a variety of disputes of law and fact. The settlement negotiated and reached by the Parties reflects a reasonable compromise of the disputed issues. Therefore, the Court finds that the provisions of the parties' agreement are fair and reasonable under the Fair Labor Standards Act. Accordingly, it is hereby ORDERED AND ADJUDGED that the Parties' Settlement is APPROVED. The Parties are DIRECTED to file a stipulation of dismissal of all claims signed by all parties pursuant to Federal Rule of Civil Procedure 41(a), within fourteen (14) days from the date of this Notice. If such papers are not filed within the time specified, this matter will be dismissed and the Court will be divested of jurisdiction to enforce the settlement agreement. The Clerk of the Court is instructed to administratively CLOSE this case. All pending motions are DENIED, as moot. Signed by Magistrate Judge Lauren Fleischer Louis on 6/5/2023. (elm)
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| Filing 21 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Settlement Conference held on 6/5/2023, Fairness Hearing held on 6/5/2023. Settlement reached. The material terms of the agreement read into the record. Total time in court: 3 hour(s) : 15 minutes. Attorney Appearance(s): Max Lloyd Horowitz, along with his client (Marilynn Worrell), appeared at this conference. Andrew Lawrence Rodman, along with his clients (Ophelia Casey, Corp. Rep. for FirstService and Emilia Dikranian for Chubb Insurance), appeared at this conference. (aw) |
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Filing 20
PAPERLESS ORDER REASSIGNING CASE. PURSUANT to 28 U.S.C. 636(c), Magistrate Judge Rule 1(h) of the Local Rules of the Southern District of Florida, and with the consent of the parties, as stated in the Parties' Joint Notice #19 Consenting to United States Magistrate Judge Lauren F. Louis, the above-captioned cause is referred entirely to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law including, if necessary, a jury or nonjury trial and order entry of final judgment. In the course of conducting any such proceedings, Magistrate Judge Louis may hear and determine any and all pre-trial and post-trial motions, including case-dispositive motions. Signed by Judge K. Michael Moore (rfr)
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| Filing 19 Amended Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by FirstService Residential Florida, Inc. (Rodman, Andrew) |
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Filing 18
ORDER granting Plaintiff's ore tenus motion to bring electronic devices to June 5, 2023 Settlement Conference. Signed by Magistrate Judge Lauren Fleischer Louis on 6/5/2023. See attached document for full details. (elm)
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| Filing 17 Joint Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge . Filed by MARILYN WORRELL (Horowitz, Max) |
| Filing 16 Defendant's ANSWER and Affirmative Defenses to Complaint by FirstService Residential Florida, Inc.. (Rodman, Andrew) |
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Filing 15
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. As described in this matter's Paperless Order Referring Case, a United States Magistrate Judge has been assigned to this matter as a referral Judge for all purposes, including the entry of a Report and Recommendation on all pre-trial, non-dispositive matters and the entry of a Report and Recommendation on any dispositive matters. Yet, if agreed, the Parties may consent to the Magistrate Judge's handling of the case in its entirety by completing a consent form found on the Court's website. Consent streamlines the legal process because the legal standard of review is identical at all levels in the judicial review process. If the Parties consent to have the case handled by a U.S. Magistrate Judge, then the Magistrate will enter a final decision and judgment in due course. Any appeal of this judgment must be taken directly to the Eleventh Circuit Court of Appeals. If the Parties do not consent, then the Magistrate Judge will submit a Report and Recommendation to the undersigned U.S. District Judge, who will then enter a final decision and judgment. Any appeal from that judgment is also taken to the Eleventh Circuit. The Parties shall inform the Court on or before May 29, 2023, whether they consent to Magistrate jurisdiction. Should the Parties agree to consent, they may do so through the filing of a completed Consent to Magistrate Jurisdiction form. The form can be found at https://www.flsd.uscourts.gov/forms/all-forms/local_rules_forms. Signed by Judge K. Michael Moore (rfr)
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| Filing 14 Defendant's RESPONSE to #11 Statement of Claim by FirstService Residential Florida, Inc.. (Rodman, Andrew) |
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Filing 13
SETTLEMENT CONFERENCE ORDER. Settlement Conference now set before United States Magistrate Judge Lauren F. Louis for Monday, June 5, 2023, at 9:00 AM in Miami Division at the C. Clyde Atkins United States Courthouse, 11th Floor, 301 North Miami Avenue, Miami, Florida 33128. Signed by Magistrate Judge Lauren Fleischer Louis on 5/15/2023. See attached document for full details. (elm)
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| Filing 12 NOTICE by MARILYN WORRELL re 6 Order,,, (Horowitz, Max) |
| Filing 11 Statement of: OF CLAIM by MARILYN WORRELL re 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,,,,,,, (Horowitz, Max) |
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Extension of Time. #8 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion for Extension of Time #8 is GRANTED. Defendant shall respond to the Complaint on or before May 29, 2023. Signed by Judge K. Michael Moore (rfr)
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| Reset Answer Due Deadline: FirstService Residential Florida, Inc. answer due 5/29/2023. Per d.e. 10 Order. (mee) |
| Filing 9 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by FirstService Residential Florida, Inc. identifying Corporate Parent FirstService Residential, Inc., Other Affiliate FirstService Corporation, Other Affiliate CHUBB Insurance for FirstService Residential Florida, Inc. (Rodman, Andrew) |
| Filing 8 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by FirstService Residential Florida, Inc.. Attorney Andrew Lawrence Rodman added to party FirstService Residential Florida, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order Ex. A)(Rodman, Andrew) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MARILYN WORRELL. FirstService Residential Florida, Inc. served on 4/26/2023, response/answer due 5/17/2023. (Horowitz, Max) |
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Filing 6
PAPERLESS ORDER upon referral for Settlement Conference. This case has been referred to me for a settlement conference. Counsel for the Parties are hereby ORDERED to meet and confer to determine possible dates on which to conduct the settlement conference in accordance with the District Court's order of referral. Prior to the deadline identified in the District Court's order, Plaintiff's counsel shall file a Notice, identifying three (3) mutually agreed upon dates for a settlement conference in accordance with the District Court's Order, ECF No. 4 . Following the submission of proposed dates, I will enter an order setting the settlement conference. Signed by Magistrate Judge Lauren Fleischer Louis on 4/26/2023. (elm)
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 4/26/2023. (rfr)
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Filing 4
PAPERLESS NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. This is a Fair Labor Standards Act case in which Plaintiff seeks unpaid wages. In order to assist the Court in the management of the case, and in an effort to foster its early and cost effective resolution, the Parties are hereby ordered that: 1. Plaintiff shall file a Statement of Claim (the Statement) setting forth the amount of alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g., overtime or regular) within twenty (20) days from the date of this Notice. Plaintiff shall promptly serve a copy of this Notice, the Statement, and copies of all documents supporting Plaintiff's claims (e.g., time sheets, pay stubs, etc.), on Defendant's counsel when counsel for Defendant first appears in the case or at the time of filing if Defendant's counsel has already appeared. The Statement shall include all attorney's fees and costs incurred to date. With respect to attorney's fees, provide the hourly rate sought and the number of hours expended by each person billing time. 2. Defendant shall file a Response within fifteen (15) days of receiving service of Plaintiff's statement. This Response shall set forth in detail Defendant's defenses to Plaintiff's claims. Defendant shall serve copies of all documents in support thereof on Plaintiff. 3. Referral to Magistrate for Settlement Conference. Pursuant to Rule 1 of the Magistrate Judge Rules of the Southern District of Florida, the Parties shall conduct a Settlement Conference before Magistrate Judge Lauren F. Louis within twenty (20) days after the date that Defendant's Response is due. Plaintiff's counsel must confer with defense counsel and contact the Chambers of Magistrate Judge Lauren F. Louis on, or before, the date that Defendant's Response is due to schedule a date for the Settlement Conference. The Settlement Conference date may not be extended without prior approval from Magistrate Judge Louis. Absent an extension from Magistrate Judge Louis, the Parties shall complete their Settlement Conference within fifty-five (55) days of this Notice. If the Parties reach an agreement during the Settlement Conference the Parties shall file the agreement with the undersigned within five (5) days of the Settlement Conference. If the Parties wish to file the settlement agreement as a sealed document, they must file a Motion to Seal that provides compelling reasons for the Court to allow them to do so. See Brown v. Advantage Eng'g, Inc., 960 F.2d 1013, 1016 (11th Cir. 1992) ("If a settlement agreement is filed with the court for approval or interpretation, then the parties must demonstrate extraordinary circumstances in order to deny the public access to the agreement."); see also Hanson v. Wells Fargo Bank, N.A., No. 08-80182-CIV, 2009 WL 1490582, at *1 (S.D. Fla. May 26, 2009) ("'[A] business's general interest in keeping its legal proceedings private does not overcome the presumption of openness' in FLSA cases.") (citing Stalnaker v. Novar Corp., 293 F. Supp. 2d 1260, 1264 (M.D. Ala. 2003)). The undersigned will review the agreement and determine whether it is a fair and reasonable resolution of a bona fide dispute over FLSA issues. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982). If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. If no settlement is reached, the Parties shall file a Joint Scheduling Report within fourteen (14) days after the Settlement Conference. 4. Except as provided under Local Rule 16.2.E for public-sector entities, the appearance of counsel and each party, or representatives of each party with full authority to enter into a full and complete compromise and settlement, is mandatory. Appearance shall be in person; telephonic appearance is prohibited. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the settlement conference shall be confidential and privileged. Nothing disclosed in the settlement conference can be used for any purpose except settlement. 6. Settlement. If this case is settled, counsel must inform the Court within three (3) days by calling Chambers. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. 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. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... 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). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Non-compliance with any provision of this Order, the Federal Rules of Civil Procedure, and/or the Local Rules of Court, may subject the offending party to sanctions or dismissal. It is the duty of all counsel to take all actions necessary to comply with this Order to ensure an expeditious resolution of this matter. Signed by Judge K. Michael Moore on 4/26/2023. (rfr)
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| Filing 3 Summons Issued as to FirstService Residential Florida, Inc.. (aao) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (aao) Modified on 4/27/2023 (aao). |
| Filing 1 COMPLAINT against FirstService Residential Florida, Inc.. Filing fees $ 402.00 receipt number AFLSDC-16568906, filed by MARILYN WORRELL. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Horowitz, Max) |
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| Plaintiff: MARILYN WORRELL | |
| Represented By: | Max Lloyd Horowitz |
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| Defendant: FirstService Residential Florida, Inc. | |
| Represented By: | Andrew Lawrence Rodman |
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