Allen et al v. Wah-Choi Inc. et al
| Vondelyn Allen, Kelly Collins and Hallie Bold |
| Wah-Choi Inc. a Florida for profit corporation doing business as Lil Reds Cookin also known as Lil Reds Bar-B-Que, Lil Reds Bar-B-Que and Sung Chung |
| 0:2024cv60708 |
| April 29, 2024 |
| U.S. District Court for the Southern District of Florida |
| Panayotta D Augustin-Birch |
| 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 June 26, 2024. A more recent docket listing may be available from PACER.
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| Filing 33 Joint MOTION for Settlement to be Approved, Joint MOTION to Dismiss with Prejudice 32 Set/Reset Deadlines, Order by Sung Chung, Wah-Choi Inc.. Responses due by 7/10/2024. (Attachments: #1 Text of Proposed Order)(Lerner, Brian) |
Filing 32
PAPERLESS ORDER. The parties must file a joint motion for settlement approval, together with a fully executed settlement agreement, by July 9, 2024. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 6/25/2024. (sk01)
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| Jury Trial and Calendar Call hearings set before prior presiding judge (Leibowitz) terminated. (wc) |
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Filing 31
ORDER OF REFERENCE TO MAGISTRATE JUDGE. REFERRING CASE to Magistrate Judge Panayotta D. Augustin-Birch for Trial. Judge David S. Leibowitz no longer assigned as presider/referral judge(s) in case. Signed by Judge David S. Leibowitz on 6/17/2024. See attached document for full details. (nwn)
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| Filing 30 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties as to all matters. Filed by Sung Chung, Wah-Choi Inc. (Lerner, Brian) |
| Filing 29 PAPERLESS Minute Entry for proceeding held via Zoom Video Teleconference before Magistrate Judge Panayotta D. Augustin-Birch: Settlement Conference held on 6/17/2024. The parties reached a full and complete settlement agreement. The parties agreed to file a written consent to Magistrate Judge jurisdiction. Total time in court: 4 hours : 30 minutes. Attorney Appearances: Lowell J. Kuvin, Brian Lee Lerner. (sk01) |
| Filing 28 Second AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Vondelyn Allen, Kelly Collins, Hallie Bold. (Attachments: #1 Exhibit Demand Letter, #2 Exhibit Demand Letter, #3 Exhibit Demand Letter)(Kuvin, Lowell) |
| Filing 27 PAPERLESS Minute Order for proceedings held before Judge David S. Leibowitz: denying as moot #10 Motion to Dismiss for Failure to State a Claim given the Joint Stipulation read into the record at the Status Conference held on 6/5/2024. Plaintiff will file a Second Amended Complaint by June 14, 2024, to which Defendant will file an Answer. Total time in court: 1 hour(s). Attorney Appearance(s): Lowell J. Kuvin, Brian Lee Lerner, Court Reporter: Karl Shires, 954-769-5496 / [email protected]. (sm00) |
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Filing 26
ORDER SCHEDULING SETTLEMENT CONFERENCE. Settlement Conference set for 6/17/2024 10:00 AM before Magistrate Judge Panayotta D. Augustin-Birch via Zoom Video Teleconference. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 6/4/2024. See attached document for full details. (nwn)
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| Filing 25 PAPERLESS Minute Entry for proceeding held via Zoom video teleconference before Magistrate Judge Panayotta D. Augustin-Birch: Status Conference held on 6/4/2024. Total time in court: 0 hours : 12 minutes. Attorney Appearances: Lowell J. Kuvin, Brian Lee Lerner. (sk01) |
| Filing 24 RESPONSE in Opposition re #10 MOTION TO DISMISS #6 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Vondelyn Allen, Hallie Bold, Kelly Collins. Replies due by 6/11/2024. (Kuvin, Lowell) |
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Filing 23
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 6/3/2024. See attached document for full details. (sk01)
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Filing 22
ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION: ( Jury Trial set for 7/14/2025 in Fort Lauderdale Division before Judge David S. Leibowitz., Calendar Call set for 7/8/2025 10:00 AM in Fort Lauderdale Division before Judge David S. Leibowitz.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Panyotta D. Augustin-Birch for Discovery Matters. Signed by Judge David S. Leibowitz on 5/31/2024. See attached document for full details. (nwn) #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.
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Filing 21
ORDER denying as moot #18 Motion for Extension of Time. Signed by Judge David S. Leibowitz on 5/28/2024. See attached document for full details. (nwn)
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| Filing 20 NOTICE SETTING STATUS CONFERENCE: Status Conference Re: Scheduling/Deadlines/Procedural Matters set for 6/5/2024 10:00 AM in Fort Lauderdale Division before Judge David S. Leibowitz. Signed by Judge David S. Leibowitz on 5/28/2024. See attached document for full details. (nwn) |
| Filing 19 Joint SCHEDULING REPORT - Rule 16.1 by Sung Chung, Wah-Choi Inc. (Attachments: #1 Exhibit 1-Proposed Deadlines)(Lerner, Brian) |
| Filing 18 Unopposed MOTION for Extension of Time to File Joint Scheduling Report re #9 Order Requiring Joint Scheduling Report by Vondelyn Allen, Hallie Bold, Kelly Collins. Responses due by 6/4/2024. (Attachments: #1 Text of Proposed Order Proposed Order)(Kuvin, Lowell) |
| Filing 17 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Vondelyn Allen, Hallie Bold, Kelly Collins (Kuvin, Lowell) |
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Filing 16
PAPERLESS ORDER granting #15 Defendants' Unopposed Motion to Continue May 30 Status Conference. The Status Conference is re-set to June 4, 2024, at 2:30 p.m. Eastern Standard Time in the Fort Lauderdale Division before United States Magistrate Judge Augustin-Birch, to take place via Zoom Video Teleconference. To log in through ZoomGov Meeting, use Meeting ID: 16096518849 and Passcode: 752819. The purpose of the Status Conference is to discuss a date for a Settlement Conference per the Honorable David S. Leibowitz' referral at docket entry #8 . All counsel must appear by both audio and video and have available to them their own schedules and the schedules of their clients and/or client representatives to attend a Settlement Conference. Clients need not appear for the Status Conference. Any motion to continue the Status Conference must include at least three alternative dates on which all counsel are available for a rescheduled Status Conference. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 5/20/2024. (sk01)
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| Filing 15 Unopposed MOTION to Continue May 30 Status Conference re 14 Order Setting Status Conference,,,, by Sung Chung, Wah-Choi Inc.. Responses due by 6/3/2024. (Lerner, Brian) |
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Filing 14
PAPERLESS ORDER SETTING STATUS CONFERENCE: A Status Conference is set in this matter on May 30, 2024, at 9:30 a.m. Eastern Standard Time in the Fort Lauderdale Division before United States Magistrate Judge Augustin-Birch, to take place via Zoom Video Teleconference. To log in through ZoomGov Meeting, use Meeting ID: 16096518849 and Passcode: 752819. The purpose of the Status Conference is to discuss a date for a Settlement Conference per the Honorable David S. Leibowitz' referral at docket entry #8 . All counsel must appear by both audio and video and have available to them their own schedules and the schedules of their clients and/or client representatives to attend a Settlement Conference. Clients need not appear for the Status Conference. Any motion to continue the Status Conference must include at least three alternative dates on which all counsel are available for a rescheduled Status Conference. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 5/20/2024. (sk01)
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| Filing 13 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Sung Chung, Wah-Choi Inc. (Lerner, Brian) |
| Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Wah-Choi Inc. (Lerner, Brian) |
| Filing 11 Statement of: Claim - Response by Sung Chung, Wah-Choi Inc. re #8 Order Referring Case to Magistrate Judge,, Set/Reset Deadlines, #4 Order Referring Case to Magistrate Judge,, Set/Reset Deadlines, #7 Claim (Lerner, Brian) |
| Filing 10 MOTION TO DISMISS #6 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Sung Chung, Wah-Choi Inc.. Attorney Brian Lee Lerner added to party Sung Chung(pty:dft), Attorney Brian Lee Lerner added to party Wah-Choi Inc.(pty:dft). Responses due by 6/3/2024. (Lerner, Brian) |
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Filing 9
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 5/21/2024. Signed by Judge David S. Leibowitz on 5/16/2024. See attached document for full details. (cds)
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Filing 8
ORDER IN ACTIONS BROUGHT UNDER THE FAIR LABOR STANDARDS ACT. REFERRING CASE to Magistrate Judge Panayotta Augustin-Birch for a settlement conference., ( Statement of Claim due by 5/15/2024.) Signed by Judge David S. Leibowitz on 5/6/2024. See attached document for full details. (nwn)
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| Filing 7 CLAIM Statement of by Vondelyn Allen, Hallie Bold, Kelly Collins. (Kuvin, Lowell) |
| Filing 6 First AMENDED COMPLAINT against All Defendants, filed by Vondelyn Allen, Kelly Collins, Hallie Bold. (Attachments: #1 Exhibit Allen Demand Letter Exhibit A, #2 Exhibit Collins Demand Letter Exhibit B, #3 Exhibit Bold Demand Letter Exhibit C)(Kuvin, Lowell) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Vondelyn Allen, Kelly Collins, Hallie Bold. Sung Chung waiver sent on 4/30/2024, response/answer due 7/1/2024; Wah-Choi Inc. waiver sent on 4/30/2024, response/answer due 7/1/2024. (Attachments: #1 Exhibit Waiver Chung, #2 Exhibit Waiver Wah-Choi)(Kuvin, Lowell) |
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Filing 4
ORDER IN ACTIONS BROUGHT UNDER THE FAIR LABOR STANDARDS ACT. REFERRING CASE to Magistrate Judge Panayotta D. Augustin-Birch for a Settlement Conference,., ( Statement of Claim due by 5/15/2024.) Signed by Judge David S. Leibowitz on 4/30/2024. See attached document for full details. (nwn)
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| Filing 3 Summons Issued as to Sung Chung, Wah-Choi Inc.. (cds) |
| Filing 2 Clerks Notice of Judge Assignment to Judge David S. Leibowitz. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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. (cds) |
| Filing 1 COMPLAINT against Sung Chung, Wah-Choi Inc.. Filing fees $ 405.00 receipt number AFLSDC-17486038, filed by Vondelyn Allen, Kelly Collins, Hallie Bold. (Attachments: #1 Civil Cover Sheet Cover Sheet, #2 Summon(s) Summons, #3 Summon(s) Summons)(Kuvin, Lowell) |
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