Rashid v. So-Bee, Inc. et al
| Didar Rashid and Sammy |
| So-Bee, Inc., Dipak Mallik, Sebastian Dominguez, Gulliemro Padron and Constanza Lovera |
| 1:2015cv21724 |
| May 6, 2015 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade |
| Chris M McAliley |
| K Michael Moore |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question: Fair Labor Standards |
| Plaintiff |
Docket Report
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| Filing 13 NOTICE of Striking #12 Summons Returned Executed, filed by Didar Rashid by Didar Rashid (Jaff, Rivkah) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by Didar Rashid. Sebastian Dominguez served on 5/14/2015, answer due 6/4/2015; Constanza Lovera served on 5/14/2015, answer due 6/4/2015; Dipak Mallik served on 5/14/2015, answer due 6/4/2015; Gulliemro Padron served on 5/14/2015, answer due 6/4/2015; So-Bee, Inc. served on 5/14/2015, answer due 6/4/2015. (Zidell, Jamie) |
Filing 11
PAPERLESS ORDER. THIS CAUSE is before the Court upon Plaintiff's Notice of Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41 Without Prejudice as to all Defendants #10 . UPON CONSIDERATION of the Notice #10 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that this case is DISMISSED WITHOUT PREJUDICE. The Clerk of the Court is instructed to CLOSE THIS CASE. All pending motions are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 5/20/2015. (mg00) 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.
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| Filing 10 NOTICE of Voluntary Dismissal Without Prejudice by Didar Rashid (Kelly, K.) |
| Filing 9 Statement of: claim by Didar Rashid re 7 Pretrial Order,,,,,,,,,,,,,,,,,,, (Kelly, K.) |
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Filing 8
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE CHRIS M. MCALILEY. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Chris M. McAliley 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 Chris M. McAlileys discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge McAliley, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 5/7/2015. (mg00)
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Filing 7
PAPERLESS NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. THIS CAUSE came before the Court upon a sua sponte review of the record. 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 attorneys 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 Rules of the Southern District of Florida, the Parties shall conduct a Settlement Conference before Magistrate Judge Chris M. McAliley 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 McAliley 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 McAliley. Absent an extension from Magistrate Judge McAliley, 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. 7. Non-compliance with Order. 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 Chief Judge K. Michael Moore on 5/7/2015. (mg00)
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| Filing 6 NOTICE of Attorney Appearance by K. David Kelly on behalf of Didar Rashid. Attorney K. David Kelly added to party Didar Rashid(pty:pla). (Kelly, K.) |
| Filing 5 NOTICE of Attorney Appearance by Rivkah Fay Jaff on behalf of Didar Rashid. Attorney Rivkah Fay Jaff added to party Didar Rashid(pty:pla). (Jaff, Rivkah) |
| Filing 4 Summons Issued as to All Defendants. (jas) |
| Filing 3 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (jas) |
| Filing 2 Judge Assignment to Chief Judge K. Michael Moore (jas) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-7710332, filed by Didar Rashid a/k/a "Sammy". (Attachments: #1 Summon(s), #2 Civil Cover Sheet)(Zidell, Jamie) |
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