Cruz Machado et al v. Labor Ready Southeast, Inc. et al
Plaintiff: Jose Breton, Miguel Cruz, Raudel Cruz Machado, Alain Granda, Luis Lao, Yasmimirka Perales, Zulaida Romero, Daniel Santiago and Zulaida Romero and others similarly-situated doing business as True Blue
Defendant: Labor Ready Southeast, Inc. and MDT Personnel, LLC
Case Number: 1:2014cv24234
Filed: November 10, 2014
Court: US District Court for the Southern District of Florida
Office: Miami Office
County: Miami-Dade
Presiding Judge: Jonathan Goodman
Referring Judge: Joan A Lenard
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 0201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 17, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 17, 2015 Opinion or Order Filing 122 ORDER DISMISSING CASE with prejudice. This Cause is before the Court on the Parties' #121 Joint Motion for Approval of Settlement Agreement, filed on December 15, 2015, indicating that the Parties have settled this matter and wish to dismiss this case with prejudice. Pursuant to the law of the Eleventh Circuit, this Court must review all proposed FLSA Settlement Agreements. Lynn's Food Stores, Inc. v. United States, 679 F. 2d 1350, 1354 (11th Cir. 1982). Having reviewed the proposed Settlement Agreement, it is hereby ORDERED AND ADJUDGED that: (1) the Settlement Agreement is APPROVED; (2) this case is DISMISSED WITH PREJUDICE; (3) all other pending motions are DENIED AS MOOT; and (4) this case remains CLOSED. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/17/2015. (gie)
December 15, 2015 Filing 121 Joint MOTION for Approval of Settlement Agreement by Labor Ready Southeast, Inc.. (Attachments: #1 Exhibit A - Settlement Agreement)(Shaughnessy, Kevin) Modified relief on 12/15/2015 (asl).
December 7, 2015 Opinion or Order Filing 120 ORDER DISMISSING CASE WITHOUT PREJUDICE. THIS CAUSE is before the Court on the Mediator's Report #119 filed on December 7, 2015, indicating the Parties reached a settlement. Pursuant to the law of the Eleventh Circuit, this Court must review all proposed FLSA Settlement Agreements for a determination of whether it represents "a fair and reasonable resolution of a bona fide dispute over FLSA provisions." Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1355 (11th Cir. 1982). Accordingly, it is hereby ORDERED AND ADJUDGED that (1) this matter is DISMISSED WITHOUT PREJUDICE; (2) within fifteen (15) days of the date of this Order, the parties shall file a fully-executed Settlement Agreement for the Court's approval pursuant to Lynn's Food , 679 F.2d at 1355, after which the Court may amend this Order to dismiss the above-captioned action with prejudice; (3) all pending motions are DENIED AS MOOT; and (4) this case is now CLOSED. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/7/2015. (gie) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
December 7, 2015 Filing 119 FINAL MEDIATION REPORT by Marlene Quintana. Disposition: Settled in full.(Quintana, Marlene)
November 6, 2015 Opinion or Order Filing 118 ORDER GRANTING Labor Ready Southeast, Inc.'s Motions to Compel Arbitration as to Plaintiffs #43 Daniel Santiago, #44 Zulaida Romero, #45 Jose Breton, #46 Luis de Lao, #47 Miguel Cruz, and #48 Raudel Cruz Machado. Signed by Judge Joan A. Lenard on 11/6/2015. (gie)
October 14, 2015 Opinion or Order Filing 117 DISCOVERY HEARING ORDER re hearing on October 9, 2015. Signed by Magistrate Judge Jonathan Goodman on 10/14/2015. (tr00)
October 9, 2015 Filing 116 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 10/9/2015. (Digital 15:28:32.) (mso)
October 8, 2015 Filing 115 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/9/2015 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Marban, Edilberto)
October 7, 2015 Opinion or Order Filing 114 ENDORSED ORDER granting #112 Unopposed Motion for Leave to Appear Telephonically at Discovery Hearing on 10/9/2015; granting #113 Unopposed Motion for Leave to Appear Telephonically at Discovery Hearing on 10/9/2015. Counsel for Labor Ready Southeast, Inc. and MDT Personnel LLC may appear telephonically at the Discovery Hearing. The call-in procedures are the following: (1) dial 1-888-684-8852; (2) enter Access Code 8004594, followed by the # sign; and (3) enter Security Code number 1213, followed by the # sign. No cellular telephone use permitted.Additionally, all parties are reminded of the Undersigned's practice of following Federal Rule of Civil Procedure 37, with its presumption of awarding fees to the party prevailing in a discovery dispute. Signed by Magistrate Judge Jonathan Goodman on 10/7/2015. (tr00)
October 7, 2015 Filing 113 Unopposed MOTION for Leave to Appear Telephonically at October 9, 2015 Hearing by Labor Ready Southeast, Inc.. Responses due by 10/26/2015 (Allman, M.)
October 6, 2015 Filing 112 Unopposed MOTION for Leave to Appear Telephonically at Discovery Hearing on October 9, 2015 . Attorney: Susanne M Calabrese by MDT Personnel, LLC. Responses due by 10/23/2015 (Attachments: #1 Text of Proposed Order)(Calabrese, Susanne)
September 25, 2015 Filing 111 Witness List by Jose Breton, Miguel Cruz, Raudel Cruz Machado, Alain Granda, Luis Lao, Yasmimirka Perales, Zulaida Romero, Daniel Santiago.. (Marban, Edilberto)
September 25, 2015 Filing 110 Witness List by MDT Personnel, LLC.. (Calabrese, Susanne)
September 24, 2015 Filing 109 Witness List by Labor Ready Southeast, Inc... (Allman, M.)
September 18, 2015 Filing 108 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/9/2015 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Marban, Edilberto)
September 15, 2015 Opinion or Order Filing 107 ENDORSED ORDER terminating #105 Discovery Hearing on 9/25/2015 in light of the #106 Re-Notice of Hearing rescheduling the matter to 10/9/2015 at 3:30 PM. Signed by Magistrate Judge Jonathan Goodman on 9/15/2015. (tr00)
September 15, 2015 Filing 106 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/9/2015 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Marban, Edilberto)
September 1, 2015 Filing 105 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 9/25/2015 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Marban, Edilberto)
September 1, 2015 Opinion or Order Filing 104 ENDORSED ORDER granting #103 Amended Motion for Extension of Time to Set Hearing on Discovery Matters. Signed by Magistrate Judge Jonathan Goodman on 9/1/2015. (tr00)
September 1, 2015 Filing 103 Amended MOTION for Extension of Time to Set Hearing on Discovery Matters by Jose Breton, Miguel Cruz, Raudel Cruz Machado, Alain Granda, Luis Lao, Yasmimirka Perales, Zulaida Romero, Daniel Santiago. Responses due by 9/18/2015 (Attachments: #1 Exhibit A- E-mails, #2 Text of Proposed Order)(Marban, Edilberto)
August 31, 2015 Opinion or Order Filing 102 ENDORSED ORDER striking #101 Motion for Extension of Time To Set Hearing on Discovery Matters. Contrary to Local Rule 7.1, the Motion does not state the dates and times of the efforts to confer with opposing counsel about the hearing date. Signed by Magistrate Judge Jonathan Goodman on 8/31/2015. (tr00)
August 28, 2015 Filing 101 STRICKEN MOTION for Extension of Time to Set Discovery Hearing by Jose Breton, Miguel Cruz, Raudel Cruz Machado, Alain Granda, Luis Lao, Yasmimirka Perales, Zulaida Romero, Daniel Santiago. Responses due by 9/14/2015 (Marban, Edilberto) Modified to strike per 102 Order on 8/31/2015 (asl).
August 28, 2015 Opinion or Order Filing 100 ENDORSED ORDER striking #99 Motion to Compel for failure to abide the Undersigned's Discovery Procedures Order [ECF No. #38 , pp. 7-10] mandating that no written discovery motions are allowed. Signed by Magistrate Judge Jonathan Goodman on 8/28/2015. (tr00)
August 28, 2015 Filing 99 STRICKEN MOTION to Compel Better Discovery Responses from Defendant MDT Personnel LLC by Jose Breton, Miguel Cruz, Raudel Cruz Machado, Alain Granda, Luis Lao, Yasmimirka Perales, Zulaida Romero, Daniel Santiago. Responses due by 9/14/2015 (Attachments: #1 Exhibit A- MDT's discovery responses, #2 Exhibit B- Letter of Conferral)(Marban, Edilberto) Modified to strike per 100 Order on 8/28/2015 (asl).
July 29, 2015 Opinion or Order Filing 98 ORDER GRANTING #97 Plaintiffs' Second Unopposed Motion for Extension of Time to Compel Better Discovery Responses as to Defendant MDT. Plaintiffs shall have until and including August 28, 2015 to file a motion to compel better discovery responses for Defendant MDT. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 7/29/2015. (gie)
July 29, 2015 Filing 97 Unopposed MOTION for Extension of Time to Compel Better Discovery Responses for Defendant MDT (Second) by Jose Breton, Miguel Cruz, Raudel Cruz Machado, Alain Granda, Luis Lao, Yasmimirka Perales, Zulaida Romero, Daniel Santiago. Responses due by 8/17/2015 (Attachments: #1 Text of Proposed Order)(Marban, Edilberto)
July 23, 2015 Filing 96 Notice of Supplemental Authority re #48 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Raudel Cruz Machado , #44 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Zulaida Romero , #47 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Miguel Cruz , #45 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Jose Breton , #46 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Luis De Lao , #43 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Daniel Santiago by Labor Ready Southeast, Inc. (Attachments: #1 Exhibit A - Eleventh Circuit's opinion) (Shaughnessy, Kevin)
July 22, 2015 Opinion or Order Filing 95 ORDER GRANTING #94 Plaintiffs' Unopposed Motion for Extension of Time to Compel Better Discovery Responses for Defendant MDT. Plaintiffs shall have until and including July 29, 2015 to file a motion to compel better discovery responses for Defendant MDT. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 7/22/2015. (gie)
July 22, 2015 Filing 94 Unopposed MOTION for Extension of Time to Compel Better Discovery Responses for Defendant MDT by Jose Breton, Miguel Cruz, Raudel Cruz Machado, Alain Granda, Luis Lao, Yasmimirka Perales, Zulaida Romero, Daniel Santiago. Responses due by 8/10/2015 (Attachments: #1 Text of Proposed Order)(Marban, Edilberto)
July 15, 2015 Opinion or Order Filing 93 ORDER DENYING #90 Defendant Labor Ready Southeast, Inc.'s Motion to Stay Discovery Pending the Court's Ruling on Labor Ready's Motions to Compel Arbitration. "A request to stay discovery pending a resolution of a motion is rarely appropriate unless resolution of the motion will dispose of the entire case." McCabe v. Foley, 233 F.R.D. 683, 685 (M.D. Fla. 2006) (citation omitted). "In this regard, the Court must take a 'preliminary peek' at the merits of a dispositive motion to see if it 'appears to be clearly meritorious and truly case dispositive.'" Id. (quoting Feldman v. Flood, 176 F.R.D. 651, 652 (M.D. Fla. 1997)). The Court has taken a "preliminary peak" at Defendant's Motions to Compel Arbitration and Plaintiffs' Memorandum in opposition thereto, and finds that both parties have colorable arguments in support of their respective positions. Thus, Defendant's Motions to Compel Arbitration are not "clearly meritorious," and a stay of discovery is therefore not appropriate. It is therefore ORDERED AND ADJUDGED THAT #90 Defendant Labor Ready Southeast, Inc.'s Motion to Stay Discovery Pending the Court's Ruling on Labor Ready's Motions to Compel Arbitration is DENIED. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 7/15/2015. (gie)
July 15, 2015 Filing 92 RESPONSE/REPLY to #91 Response to Motion, to Plaintiffs' Response to its Motion to Stay Discovery by Labor Ready Southeast, Inc.. (Attachments: #1 Exhibit - Discovery Requests)(Schmitz, Gregory)
July 6, 2015 Filing 91 RESPONSE to Motion re #90 Defendant's MOTION to Stay re #48 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Raudel Cruz Machado , #44 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Zulaida Romero , [ filed by Jose Breton, Miguel Cruz, Raudel Cruz Machado, Alain Granda, Luis Lao, Yasmimirka Perales, Zulaida Romero, Daniel Santiago. Replies due by 7/16/2015. (Marban, Edilberto)
June 18, 2015 Filing 90 Defendant's MOTION to Stay re #48 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Raudel Cruz Machado , #44 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Zulaida Romero , #47 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Miguel Cruz , #45 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Jose Breton , #46 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Luis De Lao , #43 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Daniel Santiago by Labor Ready Southeast, Inc.. Responses due by 7/6/2015 (Attachments: #1 Exhibit A - Proposed Order)(Shaughnessy, Kevin)
June 1, 2015 Opinion or Order Filing 89 ORDER Scheduling Mediation before Marlene Quintana. Mediation Deadline 12/31/2015. Mediation Hearing set for 12/4/2015 10:00 AM. Signed by Judge Joan A. Lenard on 06/01/15. (dp)
May 29, 2015 Filing 88 Notice of Mediation Hearing before Mediator, Marlene Quintana filed by Jose Breton, Miguel Cruz, Raudel Cruz Machado, Alain Granda, Luis Lao, Yasmimirka Perales, Zulaida Romero, Daniel Santiago. Mediation Hearing set for 12/4/2015 10:00 AM (Attachments: #1 Text of Proposed Order Order Scheduling Mediation)(Marban, Edilberto)
May 27, 2015 Opinion or Order Filing 87 ORDER TO SHOW CAUSE. On May 11, 2015, the Court issued an #83 Order of Referral to Mediation and therein provided Plaintiff's counsel fourteen days to complete and file a proposed order on mediation. The Order further states, "[a] Notice of Selection of Mediator will not be considered compliant with this Order." (Emphasis in original.) To date, Plaintiff's counsel has not submitted a proposed order on initial mediation. Accordingly, it is ORDERED AND ADJUDGED that Plaintiff's counsel is provided until and including May 29, 2015, to complete and file a proposed order on initial mediation or show cause why this case should not be dismissed for non-compliance with the Court's Order. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/27/2015. (gie)
May 26, 2015 Filing 86 NOTICE of Mediator Selection: Melvin Rubin selected.(Marban, Edilberto)
May 15, 2015 Filing 85 Defendant, MDT Personnel, LLC's ANSWER and Affirmative Defenses to Amended Complaint (Second) by MDT Personnel, LLC. (Calabrese, Susanne)
May 11, 2015 Opinion or Order Filing 84 Order Setting Forth the Courts Policy on Motions for Extension or Stay of the Scheduling Order Deadlines. Signed by Judge Joan A. Lenard on 05/11/15. (dp)
May 11, 2015 Opinion or Order Filing 83 ORDER of Referral to Mediation and Directing Plaintiff's Counsel to Submit (Within Fourteen Days) Proposed Order Scheduling Mediation. Mediation Deadline 12/31/15. Signed by Judge Joan A. Lenard on 05/11/15. (Attachments: #1 Appendix) (dp)
May 11, 2015 Opinion or Order Filing 82 Order Adopting Joint Scheduling Report, setting Pretrial Conference and Trial, Establishing Pretrial Deadlines, and Establishing Pretrial and Trial Procedures: Pretrial Conference set for 6/13/2016 04:00 PM in Miami Division before Judge Joan A. Lenard. Jury Trial set for 7/11/2016 09:00 AM in Miami Division before Judge Joan A. Lenard. Calendar Call set for 7/6/2016 04:00 PM in Miami Division before Judge Joan A. Lenard. Amended Pleadings due by 6/5/2015. Expert Discovery due by 12/31/2015. Fact Discovery due by 12/31/2015. Joinder of Parties due by 6/5/2015. Mediation Deadline 12/31/2015. In Limine Motions due by 5/2/2016. Dispositive Motions due by 2/5/2016. Pretrial Stipulation due by 5/16/2016. Signed by Judge Joan A. Lenard on 05/11/15. (dp) Modified text on 6/10/2015 (dgj).
May 6, 2015 Filing 81 NOTICE of Attorney Appearance by M. Kristen Allman on behalf of Labor Ready Southeast, Inc.. Attorney M. Kristen Allman added to party Labor Ready Southeast, Inc.(pty:dft). (Allman, M.)
April 30, 2015 Opinion or Order Filing 80 ORDER GRANTING #79 Unopposed Motion to stay MDT Personnel, LLC's Deadline to Respond to Plaintiffs' Motion to Certify a Rule 23 Class Action. MDT's response to Plaintiff's Motion for Class Certification shall be due within twenty (20) days of the Court's Order on Defendants' Motion to Compel Arbitration, if necessary. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 4/30/2015. (gie)
April 30, 2015 Filing 79 Unopposed MOTION to Stay re #59 MOTION to Certify Class for the Florida Minimum Wage Claims Pursuant to F.S. 448.110 With Hybrid Motion for Declaration of FLSA Collective Action for the Minimum and Overtime Claims Under 29 U.S.C. 216(b) by MDT Personnel, LLC. Responses due by 5/18/2015 (Attachments: #1 Exhibit Proposed Order)(Calabrese, Susanne)
April 23, 2015 Opinion or Order Filing 78 ORDER GRANTING #74 Unopposed Motion to Stay Labor Ready's Deadline to Respond to Plaintiffs' Motion for Class Certification. Labor Ready's response to Plaintiff's Motion for Class Certification shall be due within twenty (20) days of the Court's Order on Defendants' Motion to Compel Arbitration, if necessary. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 4/23/2015. (gie)
April 21, 2015 Opinion or Order Filing 77 ORDER GRANTING IN PART #76 MDT Personnel, LLC's Second Motion for Extension of Time to Respond to Second Amended Complaint. MDT Personnel shall have until and including May 15, 2015 to respond to the Second Amended Complaint. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 4/21/2015. (gie)
April 20, 2015 Filing 76 Second MOTION for Extension of Time to File Response/Reply/Answer as to #42 Amended Complaint, by MDT Personnel, LLC. (Calabrese, Susanne)
April 16, 2015 Filing 75 REPLY to Response to Motion re #48 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Raudel Cruz Machado , #44 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Zulaida Romero , #47 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Miguel Cruz , #45 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Jose Breton , #46 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Luis De Lao , #43 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Daniel Santiago filed by Labor Ready Southeast, Inc.. (Bleakley, Robert)
April 16, 2015 Filing 74 Unopposed MOTION to Stay Labor Ready's Deadline to Respond to Plaintiff's Motion re #59 MOTION to Certify Class for the Florida Minimum Wage Claims Pursuant to F.S. 448.110 With Hybrid Motion for Declaration of FLSA Collective Action for the Minimum and Overtime Claims Under 29 U.S.C. 216(b) by Labor Ready Southeast, Inc.. Responses due by 5/4/2015 (Attachments: #1 Text of Proposed Order)(Schmitz, Gregory) Modified text on 4/16/2015 (yar).
April 15, 2015 Opinion or Order Filing 73 ENDORSED ORDER granting #72 Unopposed Motion for Extension of Time to File Response to #59 Motion to Certify Class. MDT Personnel, LLC's response shall be due by 5/5/2015. Signed by Magistrate Judge Jonathan Goodman on 4/15/2015. (tr00)
April 14, 2015 Filing 72 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #59 MOTION to Certify Class for the Florida Minimum Wage Claims Pursuant to F.S. 448.110 With Hybrid Motion for Declaration of FLSA Collective Action for the Minimum and Overtime Claims Under 29 U.S.C. 216(b) by MDT Personnel, LLC. (Attachments: #1 Text of Proposed Order)(Calabrese, Susanne)
April 13, 2015 Opinion or Order Filing 71 ENDORSED ORDER granting Unopposed #65 Motion for Extension of Time to File Response to #59 Motion to Certify Class. Defendant's response shall be due by 4/30/2015. Signed by Magistrate Judge Jonathan Goodman on 4/13/2015. (tr00)
April 13, 2015 Filing 70 SCHEDULING REPORT - Rule 26(f) by Jose Breton, Miguel Cruz, Raudel Cruz Machado, Alain Granda, Luis Lao, Yasmimirka Perales, Zulaida Romero, Daniel Santiago (Attachments: #1 Exhibit Joint Scheduling Form, #2 Exhibit Joint Consent Form)(Marban, Edilberto)
April 13, 2015 Filing 69 NOTICE by Labor Ready Southeast, Inc. re #65 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #59 MOTION to Certify Class for the Florida Minimum Wage Claims Pursuant to F.S. 448.110 With Hybrid Motion for Declaration of FLSA Collective Action for the Minimum and (Attachments: #1 Text of Proposed Order) (Schmitz, Gregory)
April 10, 2015 Opinion or Order Filing 68 ORDER of Reference of Certain Matters to Magistrate Judge. Signed by Judge Joan A. Lenard on 04/10/15. (dp)
April 10, 2015 Opinion or Order Filing 67 ORDER STRIKING #66 Joint Scheduling Report. The Court's Order of May 10, 2015, instructs the Parties to file a Joint Scheduling Report and warns the Parties that "unilateral reports will not be accepted." (D.E. #38 at 4.) The May 10 Order further states that "the Parties shall also file a completed copy of the attached form, titled 'Joint Scheduling Form.'" (Id. at 5.) The attached form instructs the Parties: "Unilateral filings will not be accepted." (D.E. 38-2 at 1.) On April 9, 2015, the Parties' filed a Scheduling Report that is "Joint" only in the sense that both Parties signed it, to which they attached two unilateral Scheduling Forms. These documents are unhelpful and STRICKEN for failure to comply with the Court's May 10 Order. The Parties shall have until and including April 13, 2015, to file a Joint Scheduling Report and one Joint Scheduling Form with dates agreed upon by all Parties. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 4/10/2015. (gie)
April 9, 2015 Filing 66 "STRICKEN" SCHEDULING REPORT - Rule 26(f) by Jose Breton, Miguel Cruz, Raudel Cruz Machado, Alain Granda, Luis Lao, Yasmimirka Perales, Zulaida Romero, Daniel Santiago (Attachments: #1 Exhibit Joint Consent Form, #2 Exhibit Scheduling Form)(Marban, Edilberto) Modified on 4/13/2015 (ls). (Stricken per DE #67)
April 7, 2015 Filing 65 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #59 MOTION to Certify Class for the Florida Minimum Wage Claims Pursuant to F.S. 448.110 With Hybrid Motion for Declaration of FLSA Collective Action for the Minimum and Overtime Claims Under 29 U.S.C. 216(b) by Labor Ready Southeast, Inc.. (Schmitz, Gregory)
April 6, 2015 Filing 64 RESPONSE to Motion re #48 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Raudel Cruz Machado , #44 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Zulaida Romero , #47 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Miguel Cruz , #45 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Jose Breton , #46 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Luis De Lao , #43 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Daniel Santiago filed by Jose Breton, Miguel Cruz, Raudel Cruz Machado, Alain Granda, Luis Lao, Yasmimirka Perales, Zulaida Romero, Daniel Santiago. Replies due by 4/16/2015. (Attachments: #1 Exhibit A, #2 Exhibit B)(Marban, Edilberto)
March 30, 2015 Opinion or Order Filing 63 ORDER REFERRING to Magistrate Judge Jonathan Goodman #59 Plaintiffs' Motion to Certify a Rule 23 Class Action for the Florida Minimum Wage Claims Pursuant to F.S. section 448.110 with Hybrid Motion for Declaration of FLSA Collective Action for the Minimum Wage and Overtime Claims Under 29 U.S.C. sec. 216(b). This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/30/2015. (gie)
March 30, 2015 Opinion or Order Filing 62 ORDER GRANTING #61 MDT Personnel, LLC's Motion for Extension of Time to Respond to Second Amended Complaint. MDT Personnel shall have until and including April 20, 2015 to respond to the Second Amended Complaint. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/30/2015. (gie)
March 30, 2015 Filing 61 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #42 Amended Complaint, by MDT Personnel, LLC. (Calabrese, Susanne)
March 30, 2015 Opinion or Order Filing 60 ORDER GRANTING #58 Plaintiffs' Motion to Extend Page Limitations. Plaintiffs' Motion for Class Certification shall not exceed twenty-three (23) pages in length. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/30/2015. (gie)
March 27, 2015 Filing 59 MOTION to Certify Class for the Florida Minimum Wage Claims Pursuant to F.S. 448.110 With Hybrid Motion for Declaration of FLSA Collective Action for the Minimum and Overtime Claims Under 29 U.S.C. 216(b) by Jose Breton, Miguel Cruz, Raudel Cruz Machado, Alain Granda, Luis Lao, Yasmimirka Perales, Zulaida Romero, Daniel Santiago. Responses due by 4/13/2015 (Attachments: #1 Exhibit A- Affidavit of Machado, #2 Exhibit B- Affidavit of Romero, #3 Exhibit C- Affidavit of Del Rosario, #4 Exhibit D- LABOR READY 2nd Supp. Response to Interrogatories., #5 Exhibit E- List of Employees, #6 Exhibit F- Depo of Ami Pavon, #7 Exhibit G- Grullon Discipinary Forms, #8 Exhibit H- Quintanilla's time Records, #9 Exhibit I - Paystubs for Machado, #10 Exhibit I Part 2- Summary for Machado, #11 Exhibit J- Paystubs for Romero, #12 Exhibit J Part 2 - Summary for Romero, #13 Exhibit K- LABOR READY's supplemental responses per court order, #14 Exhibit L- Opt-in Affidavits, #15 Exhibit Proposed Notice)(Marban, Edilberto)
March 27, 2015 Filing 58 MOTION for Leave to File Excess Pages by Jose Breton, Miguel Cruz, Raudel Cruz Machado, Alain Granda, Luis Lao, Yasmimirka Perales, Zulaida Romero, Daniel Santiago. (Attachments: #1 Text of Proposed Order)(Marban, Edilberto)
March 26, 2015 Opinion or Order Filing 57 ORDER DENYING AS MOOT Defendant's Motions to Compel Individual Arbitration and Stay Proceedings as to Plaintiffs #24 Raudel Cruz Machado and #25 Zulaida Romero ("original motions"). The original motions were filed in connection with a response to the original #1 Complaint, filed November 1, 2014. Plaintiff filed a #42 Second Amended Complaint on March 13, 2015. Defendant's #54 Response to the Court's March 19, 2015 Order to Show Cause indicates that the new Motions to Compel Individual Arbitration and Stay Proceedings as to Plaintiffs #48 Raudel Cruz Machado and #44 Zulaida Romero were filed in light of the Second Amended Complaint. Accordingly, in light of the new Motions, the original motions (D.E. #24 & #25 ) are DENIED AS MOOT. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/26/2015. (gie)
March 25, 2015 Filing 56 NOTICE by Labor Ready Southeast, Inc. Refiling and/or of Related Cases (Bleakley, Robert)
March 25, 2015 Filing 55 Certificate of Interested Parties/Corporate Disclosure Statement by Labor Ready Southeast, Inc. identifying Corporate Parent TrueBlue, Inc. for Labor Ready Southeast, Inc. (Bleakley, Robert)
March 25, 2015 Filing 54 RESPONSE TO ORDER TO SHOW CAUSE re 49 Order to Show Cause,,, by Labor Ready Southeast, Inc.. (Bleakley, Robert)
March 25, 2015 Filing 53 Certificate of Interested Parties/Corporate Disclosure Statement by MDT Personnel, LLC (Calabrese, Susanne)
March 24, 2015 Filing 52 NOTICE by Jose Breton, Miguel Cruz, Raudel Cruz Machado, Alain Granda, Luis Lao, Yasmimirka Perales, Zulaida Romero, Daniel Santiago re #38 Order Referring Case to Judge, (Marban, Edilberto)
March 24, 2015 Filing 51 Certificate of Interested Parties by Jose Breton, Miguel Cruz, Raudel Cruz Machado, Alain Granda, Luis Lao, Yasmimirka Perales, Zulaida Romero, Daniel Santiago (Marban, Edilberto)
March 20, 2015 Opinion or Order Filing 50 ENDORSED ORDER directing Plaintiffs to file a single Joint Response to Defendant's Motions to Compel Arbitration and Stay Proceedings (see D.E. #43 , #44 , #45 , #46 , #47 , #48 ), and directing Defendant to file a single Reply brief to Plaintiffs' Joint Response. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/20/2015. (gie)
March 19, 2015 Opinion or Order Filing 49 ORDER TO SHOW CAUSE. On January 26, 2015, Defendant filed Motions to Compel Individual Arbitration and Stay Proceedings as to Plaintiffs #24 Raudel Cruz Machado and #25 Zulaida Romero. Those Motions have been ripe since February 23, 2015, when Defendant filed its #31 Reply to Plaintiffs' #29 Response. On March 19, 2015, Defendant filed what appear to be identical Motions to Compel Individual Arbitration and Stay Proceedings as to Plaintiffs #48 Cruz Machado and #44 Romero. Accordingly, Defendant shall have until and including March 25, 2015 to SHOW CAUSE why the duplicate Motions (D.E. #44 , #48 ) should not be stricken from the record. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/19/2015. (gie)
March 19, 2015 Filing 48 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Raudel Cruz Machado by Labor Ready Southeast, Inc.. Responses due by 4/6/2015 (Attachments: #1 Exhibit Ex. 1 Application & Agreement)(Bleakley, Robert)
March 19, 2015 Filing 47 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Miguel Cruz by Labor Ready Southeast, Inc.. Responses due by 4/6/2015 (Attachments: #1 Exhibit Ex. 1 Application & Agreement)(Bleakley, Robert)
March 19, 2015 Filing 46 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Luis De Lao by Labor Ready Southeast, Inc.. Responses due by 4/6/2015 (Attachments: #1 Exhibit Ex. 1 Application & Agreement, #2 Exhibit Ex. 2 Declaration of Translator)(Bleakley, Robert)
March 19, 2015 Filing 45 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Jose Breton by Labor Ready Southeast, Inc.. Responses due by 4/6/2015 (Attachments: #1 Exhibit Ex. 1 Application & Agreement, #2 Exhibit Ex. 2 Declaration of Translator)(Bleakley, Robert)
March 19, 2015 Filing 44 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Zulaida Romero by Labor Ready Southeast, Inc.. Responses due by 4/6/2015 (Attachments: #1 Exhibit Ex. 1 Application & Agreement, #2 Exhibit Ex. 2 Declaration of Translator)(Bleakley, Robert)
March 19, 2015 Filing 43 MOTION to Compel Arbitration and Stay Proceedings as to Plaintiff Daniel Santiago by Labor Ready Southeast, Inc.. Responses due by 4/6/2015 (Attachments: #1 Exhibit Ex. 1 Application & Agreement, #2 Exhibit Ex. 2 Declaration of Translator)(Bleakley, Robert)
March 13, 2015 Filing 42 Second AMENDED COMPLAINT against Labor Ready Southeast, Inc., MDT Personnel, LLC filed in response to Order Granting Motion for Leave, filed by Zulaida Romero, Raudel Cruz Machado, Alain Granda, Yasmimirka Perales, Daniel Santiago, Miguel Cruz, Jose Breton, Luis Lao.(Marban, Edilberto)
March 13, 2015 Filing 41 NOTICE of Attorney Appearance by Gregory Ronald Schmitz on behalf of Labor Ready Southeast, Inc.. Attorney Gregory Ronald Schmitz added to party Labor Ready Southeast, Inc.(pty:dft). (Schmitz, Gregory)
March 11, 2015 Filing 40 NOTICE of Attorney Appearance by Kevin William Shaughnessy on behalf of Labor Ready Southeast, Inc.. Attorney Kevin William Shaughnessy added to party Labor Ready Southeast, Inc.(pty:dft). (Shaughnessy, Kevin)
March 10, 2015 Filing 39 CASE REFERRED to Magistrate Judge Jonathan Goodman. (ls) (per DE #38 )
March 10, 2015 Opinion or Order Filing 38 Order Referring Discovery Disputes and Certain Pretrial Motions to Magistrate Judge Jonathan Goodman; Directing Parties to File Certificates of Interested Parties; Directing Parties to File a Notice of Refiling And/or of Related Cases; Requiring Completion of Form Consenting to Jurisdiction by Magistrate Judge; and Requiring Completion of Joint Scheduling Report and Form. Signed by Judge Joan A. Lenard on 03/10/15. (Attachments: #1 Appendix, #2 Appendix) (dp)
March 10, 2015 Opinion or Order Filing 37 ORDER GRANTING Plaintiffs' #21 Motion to Amend Complaint and GRANTING Plaintiffs' #36 Supplemental Motion to Amend Complaint. Plaintiffs shall have until and including March 13, 2015, to refile the Amended Complaint as a separate entry on the docket. Defendants' respective Motions to Dismiss (D.E. #18 , #19 ) are DENIED AS MOOT. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/10/2015. (gie)
March 9, 2015 Filing 36 Supplemental MOTION to Amend/Correct #21 Response to Motion, #22 Response to Motion, Motion to Amend Complaint ( Responses due by 3/26/2015), MOTION for Leave to File Supplemental Motion to Amend Complaint by Raudel Cruz Machado, Alain Granda, Zulaida Romero. (Attachments: #1 Exhibit Second Amended Complaint)(Marban, Edilberto)
March 5, 2015 Filing 35 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Settlement Conference held on 3/5/2015. Case did not settle. (Digital 10:59:06.) (mso)
March 3, 2015 Filing 34 MOTION for Leave to Appear Telephonically at Settlement Conference (Corporate Representative to) . Attorney: Corporate Representative, Joey Guarino by MDT Personnel, LLC. Responses due by 3/20/2015 (Attachments: #1 Text of Proposed Order)(Calabrese, Susanne)
March 2, 2015 Opinion or Order Filing 33 ORDER setting Joint Settlement Conference for 3/5/2015 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 3/2/2015. (tr00)
February 25, 2015 Opinion or Order Filing 32 ENDORSED ORDER. Pursuant to this Court's February 25, 2015, Order Granting Defendant's Motion for Settlement Conference Before the Magistrate in the sister case to this Action, Del Rosario v. Labor Ready Southeast, Inc., Case No. 14-cv-21496, the Parties in the instant Action and the Parties in the Del Rosario Action shall attend a joint settlement conference before Magistrate Judge Jonathan Goodman on or before March 13, 2015. The Parties shall have until and including March 3, 2015, to contact Judge Goodman's chambers to schedule the settlement conference. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 2/25/2015. (gie)
February 23, 2015 Filing 31 REPLY to Response to Motion re #25 MOTION to Compel Individual Arbitration and Stay Proceedings as to Plaintiff Zuilada Romero, #24 MOTION to Compel Individual Arbitration as to Plaintiff Raudel Cruz Machado MOTION to Stay Proceedings as to Plaintiff Raudel Cruz Machado filed by Labor Ready Southeast, Inc.. (Bleakley, Robert)
February 19, 2015 Filing 30 NOTICE by Alain Granda, Yasmimirka Perales . Attorney Edilberto O. Marban added to party Alain Granda(pty:pla), Attorney Edilberto O. Marban added to party Yasmimirka Perales(pty:pla). (Attachments: #1 Affidavit of Alain Granda, #2 Affidavit of Yasmimirka Perales) (Marban, Edilberto)
February 12, 2015 Filing 29 RESPONSE to Motion re #25 MOTION to Compel Individual Arbitration and Stay Proceedings as to Plaintiff Zuilada Romero, #24 MOTION to Compel Individual Arbitration as to Plaintiff Raudel Cruz Machado MOTION to Stay Proceedings as to Plaintiff Raudel Cruz Machado filed by Raudel Cruz Machado, Zulaida Romero. Replies due by 2/23/2015. (Attachments: #1 Exhibit 1- Order Consolidating Cases, #2 Exhibit 2- Order Vacating Order Consolidating Cases, #3 Exhibit 3- Order on Discovery, #4 Exhibit 4- Motion for Contempt, #5 Exhibit 5- Order Granting Motion for Contempt, #6 Exhibit 6- Status Report, #7 Exhibit 7- Labor Ready's Motion to Appear Telephonically, #8 Exhibit 8- Order Granting Motion, #9 Exhibit 9- Second Order, #10 Exhibit 10- Minute Entry, #11 Exhibit 11- Joint Motion for Extension, #12 Exhibit 12- Order Granting Motion for Extension, #13 Exhibit 13- Response to Motion for Summary Judgment, #14 Exhibit 14- Labor Ready's Response to Motion for Summary Judgment, #15 Exhibit 15- Motion for Extension to File Reply, #16 Exhibit 16- Labor Ready's Reply to Motion for Summary Judgment, #17 Exhibit 17- Order, #18 Exhibit 18- Reply to MDT's Response to Motion for Summary Judgment, #19 Exhibit 19- Reply to Labor Ready's Response to Motion for Summary Judgment, #20 Exhibit 20- Subpoena to Grullon, #21 Exhibit 21- Second Subpoena to Grullon, #22 Exhibit 22- Re-Notice of Taking Deoposition, #23 Exhibit 23- Second Re-notice of Taking Deposition, #24 Exhibit 24- Affidavit)(Marban, Edilberto)
February 6, 2015 Filing 28 RESPONSE/REPLY to #26 Response/Reply (Other), to Defendant Labor Ready's Response to Motion to Amend by Raudel Cruz Machado, Zulaida Romero. (Attachments: #1 Exhibit 1- Order on Discovery, #2 Exhibit 2- Order on Motion for Contempt, #3 Exhibit 3- Orders on Grullon, #4 Exhibit 4- Motion for Contempt, #5 Exhibit 5- Minute Entry, #6 Exhibit 6- Plffs' Motion for Summary Judgment and Responses, #7 Exhibit 7- Defs' Motion for Summary Judgment and Responses, #8 Exhibit 8- Discovery Hearings)(Marban, Edilberto)
February 6, 2015 Filing 27 RESPONSE/REPLY to #23 Response/Reply (Other) to Defendant MDT's Response to Motion to Amend Complaint by Raudel Cruz Machado, Zulaida Romero. (Attachments: #1 Exhibit 1- Plffs' Motion for Summary Judgment and Responses, #2 Exhibit 2- Defs' Motion for Summary Judgment and Responses)(Marban, Edilberto)
January 26, 2015 Filing 26 RESPONSE/REPLY Labor Ready Southeast, Inc.'s Response in Opposition to Plaintiffs' Motion to Amend Complaint by Labor Ready Southeast, Inc.. (Attachments: #1 Exhibit A - Santiago Agreement, #2 Exhibit B - Breton Agreement, #3 Exhibit C - De Lao Agreement, #4 Exhibit D - Cruz Agreement, #5 Exhibit E - English language Agreement)(Lee, Susan)
January 26, 2015 Filing 25 MOTION to Compel Individual Arbitration and Stay Proceedings as to Plaintiff Zuilada Romero by Labor Ready Southeast, Inc.. Responses due by 2/12/2015 (Attachments: #1 Affidavit of Ricardo Arenas (translator))(Lee, Susan)
January 26, 2015 Filing 24 MOTION to Compel Individual Arbitration as to Plaintiff Raudel Cruz Machado ( Responses due by 2/12/2015), MOTION to Stay Proceedings as to Plaintiff Raudel Cruz Machado by Labor Ready Southeast, Inc.. (Attachments: #1 Exhibit A - Cruz Application and Agreements)(Lee, Susan)
January 26, 2015 Filing 23 RESPONSE/REPLY REPLY TO PLAINTIFFS' RESPONSE TO MOTION TO DISMISS COMPLAINT, RESPONSE IN OPPOSITION TO MOTION TO AMEND COMPLAINT by MDT Personnel, LLC. (Calabrese, Susanne)
January 14, 2015 Filing 22 RESPONSE to Motion re #18 MOTION to Dismiss #1 Complaint, or in the alternative, MOTION to Disqualify Counsel for Plaintiffs With Incorporated Motion to Amend filed by Raudel Cruz Machado, Zulaida Romero. Replies due by 1/26/2015. (Attachments: #1 Exhibit 1- Notice of Court Practice, #2 Exhibit 2- Order Granting Motion to Amend, #3 Exhibit 3- Trial Order, #4 Exhibit 4- Amended Complaint)(Marban, Edilberto)
January 14, 2015 Filing 21 RESPONSE to Motion re #19 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM With Incorporated Motion to Amend filed by Raudel Cruz Machado, Zulaida Romero. Replies due by 1/26/2015. (Attachments: #1 Exhibit 1- Second Set of Interrogatories to Labor Ready, #2 Exhibit 2- Order, #3 Exhibit 3- Notice of Court Practice, #4 Exhibit 4- Order Granting Motion to Amend, #5 Exhibit 5- Trial Order, #6 Exhibit 6- Amended Complaint)(Marban, Edilberto)
January 7, 2015 Filing 20 NOTICE of Attorney Appearance by Robert Bleakley on behalf of Labor Ready Southeast, Inc.. Attorney Robert Bleakley added to party Labor Ready Southeast, Inc.(pty:dft). (Bleakley, Robert)
January 5, 2015 Filing 19 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Labor Ready Southeast, Inc.. Attorney Susan Elaine Lee added to party Labor Ready Southeast, Inc.(pty:dft). Responses due by 1/23/2015 (Lee, Susan)
January 5, 2015 Filing 18 MOTION to Dismiss #1 Complaint, or in the alternative,, MOTION to Disqualify Counsel for Plaintiffs by MDT Personnel, LLC. Responses due by 1/23/2015 (Calabrese, Susanne)
December 31, 2014 Opinion or Order Filing 17 ORDER GRANTING #16 Plaintiff's Motion to Extend Page Limitations. Plaintiff's motion shall not exceed twenty-three (23) double-spaced pages of at least 12-point font. Consistent with Local Rule 5.1, footnotes may be single-spaced but must be in at least 12-point font. Furthermore, the motion is limited to 46 lines of footnoted material, which is equal to one full page of 12-point, single-spaced text. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/31/2014. (gie)
December 31, 2014 Filing 16 MOTION for Leave to File Excess Pages by Raudel Cruz Machado, Zulaida Romero. (Attachments: #1 Text of Proposed Order)(Marban, Edilberto)
December 22, 2014 Opinion or Order Filing 15 ORDER VACATING the Court's Order Consolidating Case No. 14-21496-CIV-Lenard ("Del Rosario Action") and 14-24234-CIV-Lenard ("Machado Action"), entered December 2, 2014 ("Consolidation Order," D.E. 56). On August 14, 2014, the Court entered an Order establishing, inter alia, a deadline of August 19, 2014 for joinder of Parties. (See D.E. #21 at 2.) On November 10, 2014, lead counsel for six of the seven Del Rosario plaintiffs separately filed the Machado Action, which is ostensibly an identical action bringing the same claims against the same Defendants. On December 1, 2014, the Court accepted Transfer of the Machado Action from Chief Judge Moore, and on December 2, 2014, the Court sua sponte entered the Consolidation Order. The Court finds that it entered the Consolidation Order in error. The Machado Action was filed as a separate (but virtually identical) action because the deadline to join parties had expired in the Del Rosario Action. Joining the actions would unfairly disadvantage the Defendants because it would force the Court to extend all of the deadlines, and would allow Plaintiffs to impermissibly circumvent the deadline for joinder of parties. Accordingly, it is ORDERED AND ADJUDGED that the Consolidation Order (D.E. 56), entered December 2, 2014, is VACATED. The Machado Action shall proceed separately and all further filings in that case shall be filed under case number 14-cv-24234-JAL. It is FURTHER ORDERED AND ADJUDGED that Defendants shall have until and including January 5, 2014 to file a response to the Machado Plaintiffs' Complaint. It is FURTHER ORDERED AND ADJUDGED that the Scheduling Order #21 entered in the Del Rosario Action is hereby AMENDED as follows: By December 5, 2014, all dispositive pretrial motions and memoranda of law must be filed, as well as any motions to exclude or limit proposed expert testimony. All other dates and deadlines established by the Del Rosario Scheduling Order #21 remain in full force and effect. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/22/2014. Associated Cases: 1:14-cv-21496-JAL, 1:14-cv-24234-JAL (gie)
December 22, 2014 Case reopened per D.E. 15. Signed by Judge Joan A. Lenard on 12/22/2014. (gie)
December 22, 2014 Set/Reset Deadlines/Hearings All Defendants. Responses due by 1/5/2015 per D.E. 15. (gie)
December 9, 2014 Opinion or Order Filing 14 ORDER TERMINATING #12 Plaintiffs' Unopposed Motion for Issuance of Order to Show Cause Why Nonparty Witness Alexander Grullon Should not Be Held in Contempt of Court. The Motion was improperly filed in this Closed case, but has been properly filed in consolidated case number 14-21496. The matter will be resolved in the consolidated case. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/9/2014. (gie)
December 8, 2014 Filing 13 NOTICE of Striking #12 Plaintiff's MOTION for Contempt Order to Show Cause to Non-Party Witness Alexander Grullon filed by Pedro Ricardo, Alain Vazquez, Raudel Cruz Machado, Vladimir Rodriguez, Elvin Aguilera, Leoncio Del Rosario, Luis Quintanilla, Peggy Serrano by Raudel Cruz Machado, Zulaida Romero (Marban, Edilberto)
December 8, 2014 Filing 12 Plaintiff's MOTION for Contempt Order to Show Cause to Non-Party Witness Alexander Grullon by Elvin Aguilera, Leoncio Del Rosario, Luis Quintanilla, Pedro Ricardo, Vladimir Rodriguez, Peggy Serrano, Alain Vazquez, Raudel Cruz Machado. Responses due by 12/26/2014 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Associated Cases: 1:14-cv-21496-JAL, 1:14-cv-24234-JAL(Marban, Edilberto)
December 8, 2014 Filing 11 Statement of: Claim (Third Amended) by Elvin Aguilera, Leoncio Del Rosario, Luis Quintanilla, Pedro Ricardo, Vladimir Rodriguez, Peggy Serrano, Alain Vazquez Associated Cases: 1:14-cv-21496-JAL, 1:14-cv-24234-JAL(Marban, Edilberto)
December 5, 2014 Filing 10 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 12/5/2014. (Digital 17:30:52.) Associated Cases: 1:14-cv-21496-JAL, 1:14-cv-24234-JAL(mso)
December 2, 2014 Opinion or Order Filing 9 "VACATED" ORDER CONSOLIDATING Case No. 14-21496-CIV-Lenard and 14-24234-CIV-Lenard. It is hereby ORDERED AND ADJUDGED that the Parties and the Clerk are directed to file all documents under the lower case number, Case No. 14-21496-CIV-Lenard and this case is ADMINISTRATIVELY CLOSED. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/2/2014. (gie) Modified on 12/23/2014 (ls). (Vacated per DE #15)
December 2, 2014 Civil Case Terminated. Closing Case (per D.E. 9). (gie) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
December 2, 2014 Cases associated. (ls) (per DE #9)
December 1, 2014 Opinion or Order Filing 8 ORDER TRANSFERRING CASE to Judge Joan A. Lenard for all further proceedings, accepted and signed on 12/1/14. Chief Judge K. Michael Moore no longer assigned to case Signed by Chief Judge K. Michael Moore on 12/1/2014. (pm)
November 12, 2014 Filing 7 NOTICE of Attorney Appearance by Susanne Mary Calabrese on behalf of MDT Personnel, LLC. Attorney Susanne Mary Calabrese added to party MDT Personnel, LLC(pty:dft). (Calabrese, Susanne)
November 12, 2014 Filing 6 NOTICE of Attorney Appearance by Dori Katrine Stibolt on behalf of MDT Personnel, LLC. Attorney Dori Katrine Stibolt added to party MDT Personnel, LLC(pty:dft). (Stibolt, Dori)
November 10, 2014 Filing 5 WAIVER OF SERVICE Returned Executed by MDT Personnel, LLC. MDT Personnel, LLC waiver sent on 11/10/2014, answer due 1/9/2015. (Stibolt, Dori)
November 10, 2014 Filing 4 Notice of Pendency of Other Action by Raudel Cruz Machado, Zulaida Romero (Marban, Edilberto)
November 10, 2014 Filing 3 Summons Issued as to Labor Ready Southeast, Inc., MDT Personnel, LLC. (cbr)
November 10, 2014 Filing 2 Judge Assignment to Chief Judge K. Michael Moore (cbr)
November 10, 2014 Filing 1 COMPLAINT against Labor Ready Southeast, Inc., MDT Personnel, LLC. Filing fees $ 400.00 receipt number 113C-7225056, filed by Raudel Cruz Machado, Zulaida Romero. (Attachments: #1 Summon(s), #2 Civil Cover Sheet, #3 Notice of Consent to Join)(Marban, Edilberto)

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Plaintiff: Jose Breton
Represented By: Edilberto O. Marban
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Plaintiff: Miguel Cruz
Represented By: Edilberto O. Marban
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Plaintiff: Raudel Cruz Machado
Represented By: Edilberto O. Marban
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Plaintiff: Alain Granda
Represented By: Edilberto O. Marban
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Plaintiff: Luis Lao
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Plaintiff: Yasmimirka Perales
Represented By: Edilberto O. Marban
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Plaintiff: Zulaida Romero
Represented By: Edilberto O. Marban
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Plaintiff: Daniel Santiago
Represented By: Edilberto O. Marban
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Plaintiff: Zulaida Romero and others similarly-situated doing business as True Blue
Represented By: Edilberto O. Marban
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Defendant: Labor Ready Southeast, Inc.
Represented By: Robert Bleakley
Represented By: Susan Elaine Lee
Represented By: Gregory Ronald Schmitz
Represented By: Kevin William Shaughnessy
Represented By: M. Kristen Allman
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Defendant: MDT Personnel, LLC
Represented By: Susanne Mary Calabrese
Represented By: Dori Katrine Stibolt
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