Villarino et al v. Joekel et al
| Shane Villarino, Johnson J. Laura and Laura J. Johnson |
| KENNETH JOEKEL, MARC PLOTKIN, PACESETTER PERSONNEL SERVICE, INC., a Texas profit corporation, PACESETTER PERSONNEL SERVICE OF FLORIDA, INC, FLORIDA STAFFING SERVICE, INC., a Florida profit corporation, TAMPA SERVICE COMPANY, INC., A Florida profit corporation,, each d/b/a PACESETTER, each d/b/a PACESETTER PERSONNEL, each d/b/a PACESETTER PERSONNEL SERVICES, each d/b/a PACESETTER PERSONNEL SERVICES, LLC, each d/b/a PPS, eachd/b/a and/or FW SERVICES, each d/b/a PACESETTER PERSONNEL SERVICE, Pacesetter Personnel Service, Inc., Pacesetter Personnel Service of Florida, Inc., Florida Staffing Service, Inc. and Tampa Service Company, Inc. A Florida profit corporation doing business as Pacesetter doing business as Pacesetter Personnel doing business as Pacesetter Personnel Service doing business as Pacesetter Personnel Services doing business as Pacesetter P |
| 0:2023cv61003 |
| May 26, 2023 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 35 REPLY to Response to Motion re #17 Plaintiff's MOTION to Remand to State Court filed by Shane Villarino. (Frisch, Andrew) |
Filing 34
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Extension of Time. #32 . 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 #32 is GRANTED. The Individual Defendants shall respond to the Complaint on or before July 27, 2023. Signed by Judge K. Michael Moore (rfr)
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| Reset Response/Answer Due Deadline: Kenneth Joekel response/answer due 7/27/2023; Marc Plotkin response/answer due 7/27/2023. (ls)(per DE #34) |
| Filing 33 NOTICE of Attorney Appearance by Derek Eduardo Leon on behalf of Kenneth Joekel, Marc Plotkin. Attorney Derek Eduardo Leon added to party Kenneth Joekel(pty:dft), Attorney Derek Eduardo Leon added to party Marc Plotkin(pty:dft). (Leon, Derek) |
| Filing 32 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),, by Kenneth Joekel, Marc Plotkin. (Attachments: #1 Text of Proposed Order)(Tomassi, Ronald) |
| Filing 31 NOTICE of Attorney Appearance by Ronald Joseph Tomassi, Jr on behalf of Kenneth Joekel, Marc Plotkin. Attorney Ronald Joseph Tomassi, Jr added to party Kenneth Joekel(pty:dft), Attorney Ronald Joseph Tomassi, Jr added to party Marc Plotkin(pty:dft). (Tomassi, Ronald) |
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Filing 30
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Extension of Time. #29 . 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 #29 is GRANTED. Plaintiff shall file its reply on or before July 19, 2023 Signed by Judge K. Michael Moore (rfr)
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| Reset Deadlines as to #17 Plaintiff's MOTION to Remand to State Court . Replies due by 7/19/2023. (ls)(per DE #30) |
| Filing 29 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to Set/Reset Motion/R&R Deadlines and Hearings by Laura J. Johnson, Shane Villarino. (Cassata, Dion) |
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Filing 28
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs Motion for Extension of Time. #26 . 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 #26 is GRANTED. Plaintiff shall file the reply on or before July 12, 2023. Signed by Judge K. Michael Moore (rfr)
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| Reset Deadlines as to #17 Plaintiff's MOTION to Remand to State Court . Replies due by 7/12/2023. (ls)(per DE #28) |
| Filing 27 Joint SCHEDULING REPORT - Rule 16.1 by Florida Staffing Service, Inc., Pacesetter Personnel Service of Florida, Inc., Pacesetter Personnel Service, Inc., Tampa Service Company, Inc. (Tomassi, Ronald) |
| Filing 26 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #22 Response in Opposition to Motion, (Unopposed) by Laura J. Johnson, Shane Villarino. (Cassata, Dion) |
| Filing 25 Clerk's Notice to Filer re #23 Summons Returned Executed,. Missing Filer Name(s); ERROR - The filer failed to select all parties indicated on DE #23 . The correction was made by the Clerk. It is not necessary to refile this document. AND Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see [de#24]. It is not necessary to refile this document. (ls) |
| Filing 24 SUMMONS (Affidavit) Returned Executed on #1 Notice of Removal (State Court Complaint),, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Laura J. Johnson, Shane Villarino. Marc Plotkin served on 6/26/2023, response/answer due 7/17/2023. (ls)(See Image at DE #23 ) |
| Filing 23 SUMMONS (Affidavit) Returned Executed on #1 Notice of Removal (State Court Complaint),, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Shane Villarino, Laura J. Johnson. Marc Plotkin served on 6/25/2023, response/answer due 7/17/2023. (Cassata, Dion) Modified Filers on 7/5/2023 (ls). |
| Filing 22 RESPONSE in Opposition re #17 Plaintiff's MOTION to Remand to State Court filed by Florida Staffing Service, Inc., Pacesetter Personnel Service of Florida, Inc., Pacesetter Personnel Service, Inc., Tampa Service Company, Inc.. Replies due by 7/5/2023. (Tomassi, Ronald) |
| Filing 21 RESPONSE in Opposition re #18 Plaintiff's MOTION to Stay re #10 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, filed by Florida Staffing Service, Inc., Pacesetter Personnel Service of Florida, Inc., Pacesetter Personnel Service, Inc., Tampa Service Company, Inc.. Replies due by 7/5/2023. (Tomassi, Ronald) |
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Filing 20
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Extension of Time. #19 . Therein, Plaintiff requests that the Court extend the deadline for the Parties Rule 16 conference and any related deadline until after the Motion to Remand is adjudicated by the Court. 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 #19 is DENIED. Signed by Judge K. Michael Moore (rfr)
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| Filing 19 Plaintiff's MOTION for Extension of Time to Conduct Rule 16 Conference by Laura J. Johnson, Shane Villarino. Responses due by 7/5/2023 (Cassata, Dion) |
| Filing 18 Plaintiff's MOTION to Stay re #10 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, by Laura J. Johnson, Shane Villarino. Responses due by 6/29/2023 (Cassata, Dion) |
| Filing 17 Plaintiff's MOTION to Remand to State Court by Laura J. Johnson, Shane Villarino. Attorney Dion J. Cassata added to party Laura J. Johnson(pty:pla). (Attachments: #1 Exhibit Order De-certifying Class, #2 Exhibit Order of Dismissal, #3 Exhibit Corrected First Amended Complaint)(Cassata, Dion) |
| Filing 16 Summons Issued as to Marc Plotkin. (ls) |
| Filing 15 NOTICE of Filing Proposed Summons(es) to Marc Plotkin by Laura J. Johnson, Shane Villarino re 13 Clerk's Notice to Filer re: Electronic Case, Summons(es) (Attachments: #1 Summon(s)) (Frisch, Andrew) |
| Filing 14 Summons Issued as to Kenneth Joekel. (ls) |
| Filing 13 Clerk's Notice to Filer re: Summons(es) will not be issued. The party(ies) on the summons(es) does not match the initiating documents. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached. (ls) |
| Filing 12 NOTICE of Filing Proposed Summons(es) to Kenneth Joekel by Laura J. Johnson, Shane Villarino (Attachments: #1 Summon(s)) (Frisch, Andrew) |
| Filing 11 NOTICE of Filing Proposed Summons(es) to Mark Plotkin by Laura J. Johnson, Shane Villarino. Attorney Andrew Ross Frisch added to party Laura J. Johnson(pty:pla). (Attachments: #1 Summon(s)) (Frisch, Andrew) |
| Filing 10 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, by FLORIDA STAFFING SERVICE, INC., PACESETTER PERSONNEL SERVICE OF FLORIDA, INC, PACESETTER PERSONNEL SERVICE, INC., TAMPA SERVICE COMPANY, INC.. Responses due by 6/16/2023 (Attachments: #1 Exhibit EX. A, #2 Exhibit EX. B, #3 Exhibit EX. C, #4 Exhibit EX. D, #5 Exhibit EX. E)(Tomassi, Ronald) |
| Filing 9 Notice of Pending, Refiled, Related or Similar Actions by FLORIDA STAFFING SERVICE, INC., PACESETTER PERSONNEL SERVICE OF FLORIDA, INC, PACESETTER PERSONNEL SERVICE, INC., TAMPA SERVICE COMPANY, INC. (Tomassi, Ronald) |
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Filing 8
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 (rfr)
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Filing 7
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. 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. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. (rfr) Signed by Judge K. Michael Moore (rfr)
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| Filing 6 NOTICE of Striking #4 Notice (Other) filed by FLORIDA STAFFING SERVICE, INC., PACESETTER PERSONNEL SERVICE OF FLORIDA, INC, PACESETTER PERSONNEL SERVICE, INC., TAMPA SERVICE COMPANY, INC. (Tomassi, Ronald) |
| Filing 5 Clerk's Notice to Filer re #4 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The correct event is Notice of Pending, Refiled, Related or Similar Actions; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must file a Notice of Striking, then refile the document using the correct event. (ls) |
| Filing 4 "STRICKEN" NOTICE by FLORIDA STAFFING SERVICE, INC., PACESETTER PERSONNEL SERVICE OF FLORIDA, INC, PACESETTER PERSONNEL SERVICE, INC., TAMPA SERVICE COMPANY, INC. of Related Cases (Tomassi, Ronald) Modified on 6/2/2023 (ls). (per DE #6 ) |
| Filing 3 Certificate of Other Affiliates/Corporate Disclosure Statement by FLORIDA STAFFING SERVICE, INC., PACESETTER PERSONNEL SERVICE OF FLORIDA, INC, PACESETTER PERSONNEL SERVICE, INC., TAMPA SERVICE COMPANY, INC. (Tomassi, Ronald) |
| 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. (nan) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Shane J. Villarino, et al vs. Kenneth Joekel, et al) Filing fee $ 402.00 receipt number AFLSDC-16650553, filed by PACESETTER PERSONNEL SERVICE OF FLORIDA, INC, FLORIDA STAFFING SERVICE, INC., a Florida profit corporation, TAMPA SERVICE COMPANY, INC., A Florida profit corporation,, PACESETTER PERSONNEL SERVICE, INC., a Texas profit corporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit - State Court Complaint , #3 Docket Sheet Broward County Case Filings- Other State Court Documents, #4 Exhibit- State Court Notice of Filing Removal. No Answer/Motion to Dismiss filed. No Answer/Motion to Dismiss filed.)(Tomassi, Ronald) Modified Attachment Descriptions on 5/30/2023 (nan). |
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