Sanchez et al v. Bengoa Construction, Inc. et al
Plaintiff: Fabio Sanchez and Kevin Reyes
Defendant: Bengoa Construction, Inc. and Jose Bengoechea, Individually
Case Number: 0:2023cv61770
Filed: September 13, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Raag Singhal
Referring Judge: Alicia O Valle
Nature of Suit: Labor: Fair Standards
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2023 Filing 24 Partial ANSWER and Affirmative Defenses to Amended Complaint as to Counts I and II Only by Bengoa Construction, Inc., Jose Bengoechea, Individually. (Robertson, Lauren)
November 8, 2023 Filing 23 Statement of: Claim by Bengoa Construction, Inc., Jose Bengoechea, Individually re #9 Order Requiring Joint Scheduling Report,, Order Referring Case to Magistrate Judge, (Robertson, Lauren)
November 8, 2023 Filing 22 MOTION TO DISMISS #16 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM WITH PREJUDICE COUNTS III-V OF PLAINTIFFS AMENDED COMPLAINT AND TO STRIKE CERTAIN RELIEF by Bengoa Construction, Inc., Jose Bengoechea, Individually. Responses due by 11/22/2023 (Robertson, Lauren)
November 7, 2023 Opinion or Order Filing 21 PAPERLESS ORDER Scheduling Mediation before Carlos Burruezo, Esq. Mediation is set for March 29, 2024, at 9:00 AM. Mediation may occur in-person or virtually. All parties and counsel must attend. The parties are directed to file a Mediation Report with this Court no later than three (3) business days following mediation. Signed by Judge Raag Singhal on 11/7/2023. (am00)
November 6, 2023 Filing 20 NOTICE of Mediator Selection. and Mediation Date Selected/Added Bengoa Construction, Inc., Jose Bengoechea, Individually, Carlos Burruezo as Mediator. (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order Scheduling Mediation)(Robertson, Lauren)
November 1, 2023 Opinion or Order Filing 19 PAPERLESS ORDER granting #18 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Defendants' Responses/Answers are due by 11/8/2023. Signed by Judge Raag Singhal on 11/1/2023. (am00)
October 31, 2023 Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #16 Amended Complaint/Amended Notice of Removal by Bengoa Construction, Inc., Jose Bengoechea, Individually. (Attachments: #1 Exhibit A - Proposed Order)(Robertson, Lauren)
October 19, 2023 Opinion or Order Filing 17 PAPERLESS ORDER denying as moot #12 Motion to Dismiss for Failure to State a Claim in light of Plaintiff's Amended Complaint (DE #16 ). Signed by Judge Raag Singhal on 10/19/2023. (am00)
October 18, 2023 Filing 16 AMENDED COMPLAINT against All Defendants, filed by Fabio Sanchez, Kevin Reyes.(Wojnar, Michael)
October 18, 2023 Filing 15 Statement of: Of Claim by Kevin Reyes, Fabio Sanchez (Wojnar, Michael)
October 5, 2023 Opinion or Order Filing 14 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE. Jury Trial set for 12/16/2024 at 09:00 AM in Fort Lauderdale Division before Judge Raag Singhal. Calendar Call set for 12/11/2024 at 02:00 PM in Fort Lauderdale Division before Judge Raag Singhal. Amended Pleadings due by 12/4/2023. Discovery due by 8/28/2024. Expert Discovery due by 8/28/2024. Joinder of Parties due by 12/4/2023. Mediation Deadline 11/4/2023. In Limine Motions due by 10/16/2024. Dispositive Motions due by 9/11/2024. Joint Pretrial Stipulation due by 12/1/2024. ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle on all Discovery matters. ORDER REFERRING CASE to Mediation. Mediation Deadline is 11/4/2023. Signed by Judge Raag Singhal on 10/5/2023. See attached document for full details. (gqa) #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.
October 4, 2023 Filing 13 Joint SCHEDULING REPORT - Rule 16.1 by Bengoa Construction, Inc., Jose Bengoechea, Individually (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Scheduling Order Setting Civil Trial Date and Pretrial Schedule)(Robertson, Lauren)
October 4, 2023 Filing 12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM WITH PREJUDICE PLAINTIFFS COMPLAINT AND TO STRIKE CERTAIN RELIEF by Bengoa Construction, Inc., Jose Bengoechea, Individually. Responses due by 10/18/2023 (Robertson, Lauren)
September 20, 2023 Filing 11 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed and Certificate of Interested Parties by Kevin Reyes, Fabio Sanchez (Wojnar, Michael)
September 20, 2023 Filing 10 NOTICE of Attorney Appearance by Michael Thomas Wojnar on behalf of Kevin Reyes, Fabio Sanchez. Attorney Michael Thomas Wojnar added to party Kevin Reyes(pty:pla), Attorney Michael Thomas Wojnar added to party Fabio Sanchez(pty:pla). (Wojnar, Michael)
September 20, 2023 Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Bengoa Construction, Inc., Jose Bengoechea, Individually (Robertson, Lauren)
September 19, 2023 Opinion or Order Filing 7 PAPERLESS ORDER granting #6 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Defendants' Response/Answer is due by 10/4/2023. Signed by Judge Raag Singhal on 9/19/2023. (am00)
September 19, 2023 Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Bengoa Construction, Inc., Jose Bengoechea, Individually. (Attachments: #1 Text of Proposed Order)(Robertson, Lauren)
September 15, 2023 Opinion or Order Filing 9 Order Requiring Joint Scheduling Report, Statement of Claim and Response, and Referral to Magistrate Judge for Settlement Conference: Case referred to Magistrate Judge Alicia O. Valle for Settlement Conference. Signed by Judge Raag Singhal on 9/15/2023. See attached document for full details. (pc)
September 15, 2023 Opinion or Order 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 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 9/15/2023. (am00)
September 15, 2023 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 (and responses to 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 (and responses).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 9/15/2023. (am00)
September 14, 2023 Filing 3 NOTICE of Attorney Appearance by Rocio Blanco Garcia on behalf of Bengoa Construction, Inc., Jose Bengoechea, Individually (Blanco Garcia, Rocio)
September 13, 2023 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. (pc)
September 13, 2023 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-16915570, filed by Jose Bengoechea, Individually, Bengoa Construction, Inc.. (Attachments: #1 Exhibit A - State Court Documents, #2 Docket Sheet, #3 Civil Cover Sheet)(Robertson, Lauren) (Complaint pg. 2 of Exh.A, no Answer/Motion to Dismiss filed) Modified text on 9/14/2023 (pc).

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Plaintiff: Fabio Sanchez
Represented By: Jason Saul Remer
Represented By: Michael Thomas Wojnar
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Plaintiff: Kevin Reyes
Represented By: Jason Saul Remer
Represented By: Michael Thomas Wojnar
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Defendant: Bengoa Construction, Inc.
Represented By: Lauren C. Robertson
Represented By: Rocio Blanco Garcia
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Defendant: Jose Bengoechea, Individually
Represented By: Lauren C. Robertson
Represented By: Rocio Blanco Garcia
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