Garcia v. La Bamba Mexican and Spanish Restaurant, Inc. et al
Plaintiff: Rita Garcia
Defendant: La Bamba Mexican and Spanish Restaurant III, Inc. and La Bamba Mexican and Spanish Restaurant, Inc.
Case Number: 0:2024cv61945
Filed: October 18, 2024
Court: U.S. District Court for the Southern District of Florida
Presiding Judge: K Michael Moore
Referring Judge: Jared M Strauss
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 29 U.S.C. ยง 2611 Family Medical Leave Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 6, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2024 Filing 11 ANSWER and Affirmative Defenses to Complaint by La Bamba Mexican and Spanish Restaurant III, Inc., La Bamba Mexican and Spanish Restaurant, Inc.. (Leiva, Alejandro)
November 22, 2024 Opinion or Order Filing 10 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for Extension of Time to Respond to Complaint. #9 . Therein, Defendants request a ten-day extension to coordinate their responses per this Court's Pretrial Order. 4 . Plaintiff does not oppose the requested relief. (See ECF No. 9) 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 #9 is GRANTED. Defendant shall file a joint response to the Complaint on or before December 6, 2024. Signed by Judge K. Michael Moore on 11/22/2024. (dp01)
November 22, 2024 Set Response/Answer Due Deadline: Defendant shall file a joint response to the Complaint on or before December 6, 2024 per DE 10 . (wce)
November 18, 2024 Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by La Bamba Mexican and Spanish Restaurant III, Inc., La Bamba Mexican and Spanish Restaurant, Inc.. Attorney Alejandro Israel Leiva added to party La Bamba Mexican and Spanish Restaurant III, Inc.(pty:dft), Attorney Alejandro Israel Leiva added to party La Bamba Mexican and Spanish Restaurant, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Leiva, Alejandro)
November 8, 2024 Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Rita Garcia. La Bamba Mexican and Spanish Restaurant, Inc. served on 11/6/2024, response/answer due 11/27/2024. (Tuschman, Richard)
November 7, 2024 Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Rita Garcia. La Bamba Mexican and Spanish Restaurant III, Inc. served on 10/30/2024, response/answer due 11/20/2024. (Tuschman, Richard)
October 22, 2024 Opinion or Order Filing 6 DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jared M. Strauss on 10/22/2024. See attached document for full details. (cer)
October 22, 2024 Opinion or Order Filing 5 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JARED M. STRAUSS. 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 Jared M. Strauss 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 Strauss's discovery procedures. Signed by Judge K. Michael Moore on 10/22/2024. (dp01)
October 22, 2024 Opinion or Order Filing 4 PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. 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 no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. 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 possibilities for 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. 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. Signed by Judge K. Michael Moore on 10/22/2024. (dp01)
October 18, 2024 Filing 3 Summons Issued as to La Bamba Mexican and Spanish Restaurant III, Inc. and La Bamba Mexican and Spanish Restaurant, Inc. (wce)
October 18, 2024 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 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. (wce)
October 18, 2024 Filing 1 COMPLAINT and Demand for Jury Trial against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17917649, filed by Rita Garcia. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Summon(s), #4 Summon(s))(Tuschman, Richard)

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Defendant: La Bamba Mexican and Spanish Restaurant III, Inc.
Represented By: Alejandro Israel Leiva
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Defendant: La Bamba Mexican and Spanish Restaurant, Inc.
Represented By: Alejandro Israel Leiva
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Plaintiff: Rita Garcia
Represented By: Richard David Tuschman
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