Bento v. Concrete USA, Inc. et al
| Antonio Bento |
| Concrete USA, Inc., KD Construction, LLC. and Suffolk Construction Company, Inc. |
| 0:2024cv60267 |
| February 16, 2024 |
| US District Court for the Southern District of Florida |
| David S Leibowitz |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 1, 2024. A more recent docket listing may be available from PACER.
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| Filing 23 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Antonio Bento. KD Construction, LLC. served on 3/19/2024, response/answer due 4/9/2024. (Storch, Noah) |
Filing 22
ORDER OF REASSIGNMENT to Judge David S. Leibowitz for all further proceedings. Judge Raag Singhal no longer assigned to case. Signed by Judge Raag Singhal on 3/26/2024. See attached document for full details. (yar)
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| Filing 21 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Suffolk Construction Company, Inc. (Diaz, Juan) |
| Filing 20 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Concrete USA, Inc. (Heller, Peter) |
| Reset Answer Due Deadline: Suffolk Construction Company, Inc. answer due 4/1/2024.Per d.e. 19 Order. (mee) |
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Filing 19
PAPERLESS ORDER granting #18 Defendant, Suffolk's Renewed Unopposed Motion for an Enlargement of Time to Respond to Complaint. Defendant Suffolk Construction Company, Inc. shall file its response to Plaintiff's Complaint on or by April 1, 2024. Signed by Judge Raag Singhal on 3/19/2024. (lp00)
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| Filing 18 Renewed MOTION for Extension of Time 15 days to Respond to Complaint by Suffolk Construction Company, Inc.. Responses due by 4/2/2024. (Diaz, Juan) |
| Filing 17 ANSWER and Affirmative Defenses to Complaint by Concrete USA, Inc.. Attorney Peter S. Heller added to party Concrete USA, Inc. (pty:dft). (Heller, Peter) |
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Filing 16
PAPERLESS ORDER denying without prejudice #15 Defendant, Suffolk Construction Company, Inc.'s Motion for an Enlargement of Time to Respond to Complaint for failing to certify compliance with the requirements under Local Rule 7.1(a)(3) that "counsel for the movant shall confer... or make reasonable efforts to confer... with all parties or non-parties who may be affected by the relief sought in the motion in a good faith effort to resolve by agreement the issues to be raised in the motion." Signed by Judge Raag Singhal on 3/19/2024. (lp00)
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| Filing 15 First MOTION for Extension of Time 15 day extension to file its response to the Complaint by Suffolk Construction Company, Inc.. Responses due by 4/1/2024. (Diaz, Juan) |
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Filing 14
PAPERLESS ORDER. The Settlement Conference set for 4/24/2024 will now start at 1:30 PM instead of 9:30 AM. **TIME CHANGE ONLY** Signed by Magistrate Judge Jared M. Strauss on 3/13/2024. (cer)
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| Filing 13 NOTICE of Compliance by Antonio Bento re #6 Order Requiring Joint Scheduling Report,, Order Referring Case to Magistrate Judge, (Storch, Noah) |
| Filing 12 Statement of: Claim by Antonio Bento re #6 Order Requiring Joint Scheduling Report,, Order Referring Case to Magistrate Judge, (Storch, Noah) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Antonio Bento. Concrete USA, Inc. served on 2/27/2024, response/answer due 3/19/2024. (Storch, Noah) |
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Filing 10
Order Setting Settlement Conference via Video Conference for 4/24/2024 at 9:30 AM before Magistrate Judge Jared M. Strauss. Joint Notice of Compliance & Confidential Settlement Statements due by 4/17/2024. Signed by Magistrate Judge Jared M. Strauss on 3/6/2024. See attached document for full details. (cer)
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| Filing 9 NOTICE of Attorney Appearance by Juan Diaz on behalf of Suffolk Construction Company, Inc.. Attorney Juan Diaz added to party Suffolk Construction Company, Inc.(pty:dft). (Diaz, Juan) |
| Filing 8 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Antonio Bento (Storch, Noah) |
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Filing 7
PAPERLESS ORDER Requiring Submission of Proposed Dates for Settlement Conference. The District Court has entered an Order, DE #6 , referring the case to me for a settlement conference. Accordingly, counsel for the parties shall promptly meet and confer to determine possible dates on which to conduct the settlement conference. Within 5 days after defense counsel appears in this case, Plaintiff's counsel shall email my chambers at strauss@flsd.uscourts.gov with at least 3 dates on which the parties and their counsel are available for the settlement conference, within any time period mandated by the District Court's Order, DE #6 . If the parties fail to timely submit proposed dates, the Court will select the date and time of the settlement conference. Signed by Magistrate Judge Jared M. Strauss on 2/21/2024. (cer)
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Filing 6
ORDER REQUIRING SCHEDULING REPORT,STATEMENT OF CLAIM AND RESPONSE, AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. ORDER REFERRING CASE to Magistrate Judge Jared M. Strauss for purposes of a settlement conference. Signed by Judge Raag Singhal on 2/21/2024. See attached document for full details. (mee)
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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 2/21/2024. (lp00)
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| 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 2/21/2024. (lp00) |
| Filing 3 Summons Issued as to Concrete USA, Inc., KD Construction, LLC., Suffolk Construction Company, Inc. (bb) |
| 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 Jared M. Strauss 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17300237, filed by Antonio Bento. (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s), #4 Civil Cover Sheet)(Storch, Noah) |
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