CHEVAUX v. GOPAL HOTEL, LLC, et al
| RAY CHEVAUX |
| GOPAL HOTEL LLC DBA TOWN INN, GOPAL HOTEL, INC. DBA TOWN INN, MAMU HOTEL, INC., MAMU HOTEL LLC, MAKHAN INN LLC DBA COUNTRY INN, NIRMLA MOTWANI, GOPAL HOTEL, LLC a Florida limited liability company doing business as TOWN INN and MAKHAN INN, LLC Florida limited liability company doing business as COUNTRY INN |
| 0:2023cv61940 |
| October 11, 2023 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Labor: Fair Standards |
| 28 U.S.C. § 1441 Notice of Removal - Labor |
| Plaintiff |
Docket Report
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| Filing 13 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Settlement Conference held on 11/28/2023. Adjourned. In-person settlement conference to be conducted in January; Parties will advance proposed dates to chambers by December 1, 2023. Total time in court: 3 hour(s). Attorney Appearance(s): Peter Joseph Marshall Bober, along with his client (Ray Chevaux), appeared at this conference. Gina Marie Cadogan, along with her clients (Nirmla Motwani and Lata Shintre, Corporate Representatives for Gopal Hotel, LLC, Mamu Hotel, Inc., Mamu Hotel LLC and Makhan Inn, LLC). (aw) |
| Filing 12 First RESPONSE to #11 Statement of Claim by GOPAL HOTEL, LLC, MAKHAN INN, LLC, MAMU HOTEL LLC, MAMU HOTEL, INC., NIRMLA MOTWANI. (Cadogan, Gina) |
| Filing 11 Statement of: Claim (Amended) by RAY CHEVAUX re #10 Statement, #9 Order on Motion for Miscellaneous Relief, 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,,,,,,,, (Bober, Peter) |
| Filing 10 Statement of: Claim by RAY CHEVAUX re #9 Order on Motion for Miscellaneous Relief, 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,,,,,,,, (Bober, Peter) |
Filing 9
ORDER granting #8 Unopposed Motion to Allow FLSA Settlement Conference to Take Place by Remote Video Conferencing. Settlement Conference set for 11/28/2023 09:00 AM via Video Conference before Magistrate Judge Lauren Fleischer Louis. Signed by Magistrate Judge Lauren Fleischer Louis on 11/6/2023. See attached document for full details. (drz)
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| Filing 8 Unopposed MOTION to Allow FLSA Settlement Conference to Take Place by Remote Video Conferencing re 5 Order,,, by RAY CHEVAUX. (Attachments: #1 Text of Proposed Order)(Bober, Peter) |
| Filing 7 NOTICE by RAY CHEVAUX re 5 Order,,, Regarding Dates for FLSA Settlement Conference (Bober, Peter) |
| Filing 6 ANSWER and Affirmative Defenses to Complaint by GOPAL HOTEL, LLC, MAKHAN INN, LLC, MAMU HOTEL LLC, MAMU HOTEL, INC., NIRMLA MOTWANI. (Cadogan, Gina) |
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Filing 5
PAPERLESS ORDER upon referral for Settlement Conference. This case has been referred to the undersigned 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. Within fourteen days of this 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, the undersigned will enter an order setting the settlement conference. Signed by Magistrate Judge Lauren Fleischer Louis on 10/17/2023. (as06)
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| Referral to Magistrate Judge Lauren Fleischer Louis for Settlement per DE 4. (vjk) |
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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 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. 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 Defendants 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 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 10/16/2023. (rhr)
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| Filing 3 Clerk's Notice to Filer re: Electronic Case. Documents Improperly Arranged. The Filer did not properly attach the Exhibits. Future filings must comply with the CM/ECF Civil Case Opening Guide. It is not necessary to re-file this document. (nan) |
| 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 - RAY CHEVAUX v. GOPAL HOTEL LLC, et al) Filing fee $ 402.00 receipt number AFLSDC-16985894, filed by MAKHAN INN LLC DBA COUNTRY INN, MAMU HOTEL, INC., GOPAL HOTEL, INC. DBA TOWN INN, NIRMLA MOTWANI, GOPAL HOTEL LLC DBA TOWN INN, MAMU HOTEL LLC. (Attachments: #1 Civil Cover Sheet. No Answer/Motion to Dismiss filed.)(Cadogan, Gina) Modified Attachment Description on 10/12/2023 (nan). (Additional attachment(s) added on 10/12/2023: #2 Exhibits - State Court Complaint) (nan). |
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