Barrientos Ramos v. United Floor Crew, Inc et al

Justia Dockets & Filings Eleventh Circuit Florida Southern District Barrientos Ramos v. United Floor Crew, Inc et al

Barrientos Ramos v. United Floor Crew, Inc et al

Plaintiff:	Emilio Barrientos Ramos
Defendant:	United Floor Crew, Inc and Dennis Larios
Garnishee:	JPMorgan Chase Bank N.A.
Case Number:	1:2015cv22128
Filed:	June 4, 2015
Court:	US District Court for the Southern District of Florida
Office:	Miami Office
County:	Miami-Dade
Presiding Judge:	Joan A Lenard
Nature of Suit:	Labor: Fair Standards
Cause of Action:	15 U.S.C. § 0002 Fair Labor Standards Act
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on March 23, 2016. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 23, 2016	Filing 60 OMNIBUS ORDER ADOPTING #59 Report and Recommendations Concerning Plaintiff's Motion for an Order to Show Cause, STAYING Collection Efforts and Contempt Proceedings as to Defendant Dennis Larios, Finding Defendant United Floor Crew, Inc. in CONTEMPT OF COURT, and Providing Defendant United Floor Crew, Inc. TEN DAYS to Purge Itself of Contempt. Signed by Judge Joan A. Lenard on 3/23/2016. (gie)
January 28, 2016	Filing 59 ORDER and REPORT AND RECOMMENDATIONS re #39 Plaintiff's Motion for Order to Show Cause Against Defendants. Signed by Magistrate Judge Jonathan Goodman on 1/28/2016. (tr00)
January 26, 2016	Filing 58 SUGGESTION OF BANKRUPTCY as to DENNIS LARIOS by Dennis Larios (srd)
January 26, 2016	Filing 57 NOTICE by Emilio Barrientos Ramos re #54 Order (Pollock, Brian)
January 26, 2016	Filing 56 ORDER granting #53 Motion for Final Judgment Against Garnishee. Signed by Judge Joan A. Lenard on 1/25/2016. (pm)
January 22, 2016	Filing 55 ENDORSED ORDER STRIKING Order Concerning Show Cause Hearing [ECF No. #52 ] pursuant to ECF No. #54 . Signed by Magistrate Judge Jonathan Goodman on 1/22/2016. (tr00)
January 22, 2016	Filing 54 AMENDED SECOND SHOW CAUSE HEARING ORDER. Signed by Magistrate Judge Jonathan Goodman on 1/22/2016. (tr00)
January 20, 2016	Filing 53 Plaintiff's MOTION for Judgment Against Garnishee by Emilio Barrientos Ramos. (Attachments: #1 Text of Proposed Order)(Pollock, Brian)
January 15, 2016	Filing 52 (STRICKEN PER DE#55)ORDER CONCERNING SHOW CAUSE HEARING. Signed by Magistrate Judge Jonathan Goodman on 1/15/2016. (tr00)Text Modified on 1/25/2016 (cqs).
January 14, 2016	Filing 51 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Show Cause Hearing held on 1/14/2016. (Digital 11:30:01.) (mso)
January 12, 2016	Filing 50 NOTICE of Compliance and of Filing by Emilio Barrientos Ramos re #49 Order, Set/Reset Hearings (Attachments: #1 Affidavit Affidavit of Service on Larios) (Pollock, Brian)
January 7, 2016	Filing 49 AMENDED ORDER CONCERNING SHOW CAUSE HEARING and setting new Show Cause Hearing for 1/14/2016 at 11:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 1/7/2016. (tr00)
January 7, 2016	Filing 48 ENDORSED ORDER granting #47 Motion to Reschedule Show Cause Hearing. The Show Cause Hearing set for 1/12/2016 is hereby cancelled. Furthermore, Plaintiff is no longer obligated to serve a copy of the ORDER CONCERNING SHOW CAUSE HEARING [ECF No. #46 ] issued on 1/7/2016 on Defendant. The Court will enter a separate paper Order rescheduling the Show Cause Hearing to another date. Signed by Magistrate Judge Jonathan Goodman on 1/7/2016. (tr00)
January 7, 2016	Filing 47 Plaintiff's MOTION to Reschedule Show Cause Hearing re #46 Order, Set/Reset Hearings by Emilio Barrientos Ramos. (Pollock, Brian)
January 7, 2016	Filing 46 ORDER CONCERNING SHOW CAUSE HEARING ON JANUARY 6, 2016 and setting Show Cause Hearing for 1/12/2016 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 1/7/2016. (tr00)
January 7, 2016	Filing 45 NOTICE by Emilio Barrientos Ramos re 44 Show Cause Hearing, of Filing Proposed Certification of Facts Following Show Cause Hearing (Attachments: #1 Text of Proposed Order) (Pollock, Brian)
January 6, 2016	Filing 44 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Show Cause Hearing held on 1/6/2016. Attorney Brian Pollack was present for the Plaintiff. No one present at the hearing for the Defendants. (Digital 11:19:43.) (mso)
January 5, 2016	Filing 43 NOTICE of Compliance and of Filing by Emilio Barrientos Ramos re #41 Order to Show Cause, 42 Endorsed Order, Set/Reset Hearings,,,, (Attachments: #1 Affidavit of Service on Larios) (Pollock, Brian)
December 28, 2015	Filing 42 ENDORSED ORDER changing time of Show Cause Hearing set for 1/6/2016 to 11:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. The previous #41 Order setting this Hearing requires Plaintiff to serve a copy of that Order, the Motion for an Order to Show Cause and the District Court's November 19, 2015 Order on Defendants by way of a process server. Plaintiff shall now serve a copy of this time change Order on Defendants as well and be able to provide proof of service to the Court at the January 6, 2016 hearing. TIME CHANGE ONLY Signed by Magistrate Judge Jonathan Goodman on 12/28/2015. (tr00)
December 23, 2015	Filing 41 ORDER TO SHOW CAUSE. Show Cause Hearing set for 1/6/2016 at 02:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 12/23/2015. (tr00)
December 22, 2015	Filing 40 ORDER REFERRING to Magistrate Judge Jonathan Goodman #39 Plaintiff's Motion to Show Cause. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/22/2015. (gie)
December 22, 2015	Filing 39 Plaintiff's MOTION for Order to Show Cause Against Defendants by Emilio Barrientos Ramos. (Attachments: #1 Exhibit "A", #2 Text of Proposed Order)(Pollock, Brian)
December 22, 2015	Filing 38 NOTICE by Emilio Barrientos Ramos re #36 Writ of Garnishment, #37 Answer to Writ of Garnishment of Service of Answer to Garnishment and Statutory Notice for Claim of Exemption (Attachments: #1 Supplement answer to writ of garnishment, #2 Exhibit "A", #3 Supplement Writ of Garnishment) (Pollock, Brian)
December 7, 2015	Filing 37 ANSWER to Writ of Garnishment by JPMorgan Chase Bank N.A.. Reply/Objections to Writ Answer due by 12/31/2015. (Wargo, Joseph)
November 20, 2015	Filing 36 WRIT OF GARNISHMENT issued as to Garnishee JP MORGAN CHASE in the amount of $ 79577.33 re: #34 Motion for Writ of Garnishment filed by Emilio Barrientos Ramos. (cqs)
November 19, 2015	Filing 35 ORDER granting #33 Motion to Compel. Signed by Judge Joan A. Lenard on 11/19/2015. (pm)
November 19, 2015	Filing 34 Plaintiff's MOTION for Writ of Garnishment After Judgment by Emilio Barrientos Ramos. Responses due by 12/7/2015 (Attachments: #1 Supplement Writ of Garnishment)(Pollock, Brian)
November 10, 2015	Filing 33 Plaintiff's MOTION to Compel Rule 1.977 Fact Information Sheets From Defendants by Emilio Barrientos Ramos. Responses due by 11/27/2015 (Attachments: #1 Exhibit "1", #2 Exhibit "2", #3 Text of Proposed Order)(Pollock, Brian)
November 10, 2015	Filing 32 NOTICE OF UNAVAILABILITY by Emilio Barrientos Ramos for dates of March 18, 2016 through and including March 25, 2016 (Pollock, Brian)
October 15, 2015	Filing 31 ORDER GRANTING IN PART #30 Plaintiff's Verified Motion for Entitlement to an Award of Attorneys' Fees and Costs. Signed by Judge Joan A. Lenard on 10/15/2015. (gie)
September 24, 2015	Filing 30 Plaintiff's MOTION for Attorney Fees , Plaintiff's MOTION for Bill of Costs by Emilio Barrientos Ramos. Responses due by 10/13/2015 (Attachments: #1 Exhibit "1" (Time and Expense Records), #2 Text of Proposed Order)(Pollock, Brian)
August 24, 2015	Filing 29 ORDER GRANTING #28 Plaintiffs' Motion for Entry of Default Final Judgment and ENTERING Final Judgment for Plaintiff. Signed by Judge Joan A. Lenard on 8/24/2015. (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.
August 17, 2015	Filing 28 Plaintiff's MOTION for Default Judgment (Final) by Emilio Barrientos Ramos. (Attachments: #1 Exhibit "A", #2 Affidavit "B" (Declaration of Indebtedness), #3 Text of Proposed Order)(Pollock, Brian)
August 11, 2015	Filing 27 ORDER TO SHOW CAUSE. On August 11, 2015, the Clerk entered default against Defendants United Floor Crew, Inc, and Dennis Larios for failure to respond to the Amended Complaint or otherwise appear in this action #26 . Accordingly, it is ORDERED AND ADJUDGED that Plaintiff is provided until and including August 21, 2015 to file a Motion for Entry of FINAL Default Judgment, together with appropriate affidavits and documentation, against Defendants or show cause why this case should not be dismissed for lack of prosecution. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 8/11/2015. (gie)
August 11, 2015	Filing 26 ORDER by Clerk of Entry of Default re #25 Motion for Clerks Entry of Default as to United Floor Crew, Inc, Dennis Larios. Signed by DEPUTY CLERK on 8/11/2015. (cqs)
August 10, 2015	Filing 25 Plaintiff's MOTION for Clerks Entry of Default (Amended Complaint) as to All Defendants by Emilio Barrientos Ramos. (Attachments: #1 Text of Proposed Order)(Pollock, Brian)
August 10, 2015	Filing 24 ORDER TO SHOW CAUSE. On July 30, 2015, Plaintiff filed Returns of Service #23 indicating that Defendants United Floor Crew, Inc. and Dennis Larios were served with the #14 Amended Complaint on July 24, 2015. Pursuant to Rule 15(a)(3) of the Federal Rules of Civil Procedure, Defendants had fourteen (14) days to respond to the Amended Complaint. As of the date of this Order, Defendants have not filed a response. Accordingly, it is ORDERED AND ADJUDGED that Plaintiff shall have ten (10) days from the date of this Order within which to file a Motion for Default or show cause why this case should not be dismissed for lack of prosecution. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 8/10/2015. (gie)
July 30, 2015	Filing 23 SUMMONS (Affidavit) Returned Executed on #14 Amended Complaint with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Emilio Barrientos Ramos. All Defendants. (Attachments: #1 Affidavit Affidavit of Service on Amended Complaint to United Floor Crew, Inc., #2 Affidavit Affidavit of Service on Amended Complaint to Dennis Larios)(Pollock, Brian)
July 22, 2015	Filing 22 Summons Issued as to Dennis Larios, United Floor Crew, Inc. (cqs)
July 22, 2015	Filing 21 Clerks Notice of Docket Correction re #20 Summons Issued. Correction Other. Wrong Image attached. See Summons issued DE#22 for correction. (cqs)
July 20, 2015	Filing 20 Restricted due to error to Dennis Larios, United Floor Crew, Inc. (cqs) Modified on 7/22/2015 (cqs).
July 20, 2015	Filing 19 NOTICE of Filing Proposed Summons(es) by Emilio Barrientos Ramos re #14 Amended Complaint filed by Emilio Barrientos Ramos (Attachments: #1 Summon(s) on United, #2 Summon(s) on Larios) (Pollock, Brian)
July 20, 2015	Filing 18 ORDER DENYING #17 Plaintiff's Motion for Default by Court Against Defendants. On June 4, 2015, Plaintiff filed a two-count #1 Complaint against Defendants United Floor Crew, Inc. and Dennis Larios ("Defendants") for (1) FLSA minimum wage violations and (2) FLSA overtime violations. On June 29, 2015, the Clerk entered Default against Defendants for failure to respond to the Complaint or otherwise appear in this action. (See D.E. #11 .) Also on June 29, 2015, the Court granted Plaintiff's Motion for Leave to Amend the Complaint, (see D.E. 13), and Plaintiff filed his #14 Amended Complaint as a separate entry on the docket. The Amended Complaint contains the same claims for FLSA minimum wage and overtime violations, and adds a claim under Florida's Minimum Wage Act. On July 14, 2015, Plaintiff moved for Clerk's Entry of Default as to the Amended Complaint, (see D.E. #15 ), which the Clerk denied for failure to provide an Affidavit of Service establishing that Plaintiff obtained service of process on Defendants as to the Amended Complaint, (see D.E. 16). On July 17, 2015, Plaintiff filed the instant #17 Motion, requesting the Court to enter default upon Defendants as to the Amended Complaint.Plaintiff argues that because he obtained personal service as to the original Complaint, Rule 5 of the Federal Rules of civil procedure permits him to serve all subsequent pleadings by U.S. mail. (Motion at 2.) He cites no authority for this proposition. And, in fact, his argument is inconsistent with the plain language of Rule 5 and binding Eleventh Circuit precedent. Rule 5(a)(2) states: "If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4." (Emphasis added.) "Rule 4 requires personal service." Varnes v. Local 91, Glass Bottle Blowers Ass'n of U.S. & Canada, 674 F.2d 1365, 1368 (11th Cir. 1982). In Varnes--a case that is materially indistinguishable from this one--the Eleventh Circuit held that, pursuant to Rules 5(a) and 4, the Plaintiff was required to personally serve an amended complaint that added a new claim for relief on a defendant who had defaulted on the original complaint. See id. at 1369. Accordingly, the Court finds that because the Amended Complaint includes a new claim for relief under Florida's Minimum Wage Act, Plaintiff was required to personally serve Defendants. See id. Therefore, #17 Plaintiff's Motion for Default by Court Against Defendants is DENIED. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 7/20/2015. (gie)
July 17, 2015	Filing 17 Plaintiff's MOTION for Default Judgment by Emilio Barrientos Ramos. (Attachments: #1 Text of Proposed Order)(Pollock, Brian)
July 16, 2015	Filing 16 ORDER by Clerk of Non-Entry of Default re #15 Motion for Clerks Entry of Default as to Dennis Larios, United Floor Crew, Inc. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - has NOT been entered on docket. Signed by DEPUTY CLERK on 7/16/2015. (ots)
July 14, 2015	Filing 15 Plaintiff's MOTION for Clerks Entry of Default as to Amended Complaint as to All Defendants by EMILIO BARRIENTOS RAMOS. (Attachments: #1 Text of Proposed Order)(Pollock, Brian)
June 29, 2015	Filing 14 Plaintiff's AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by EMILIO BARRIENTOS RAMOS.(Pollock, Brian)
June 29, 2015	Filing 13 ORDER GRANTING #12 Plaintiffs' Motion for Leave to File Amended Complaint. Plaintiff shall have until and including July 2, 2015 to re-file the Amended Complaint as a separate entry on the docket. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 6/29/2015. (gie)
June 29, 2015	Filing 12 Plaintiff's MOTION for Leave to File Amended Complaint by EMILIO BARRIENTOS RAMOS. (Attachments: #1 Exhibit Amended Complaint, #2 Text of Proposed Order)(Pollock, Brian)
June 29, 2015	Filing 11 ORDER by Clerk of Entry of Default re #10 Motion for Clerks Entry of Default as to United Floor Crew, Inc, Dennis Larios. Signed by DEPUTY CLERK on 6/29/2015. (cqs)
June 29, 2015	Filing 10 Plaintiff's MOTION for Clerks Entry of Default as to All Defendants by EMILIO BARRIENTOS RAMOS. (Attachments: #1 Text of Proposed Order)(Pollock, Brian)
June 19, 2015	Filing 9 Statement of: Claim by EMILIO BARRIENTOS RAMOS re #5 Notice of Court Practice, Order Referring Case to Judge (Pollock, Brian)
June 9, 2015	Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by EMILIO BARRIENTOS RAMOS. All Defendants. (Attachments: #1 Affidavit Affidavit of Service on United Floor Crew, Inc, #2 Affidavit Affidavit of Service on Dennis Larios)(Pollock, Brian)
June 4, 2015	Filing 7 ORDER REGARDING FORMATTING OF FILINGS. The body of all filings shall be (1) double-spaced (with the exception of block quotations), and (2) printed in 12-point or larger type in an easily-readable font. Consistent with Local Rule 5.1, footnotes may be single-spaced but must be at least 12-point font. Furthermore, all filings are limited to forty-six (46) lines of footnoted material, which is equal to one full page of single-spaced, 12-point font text. All page limitations set forth by the Local Rules shall be observed. Non-compliant filings may be stricken from the record. All filings shall certify that the filing complies with the Local Rules and the Court's Orders. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 6/4/2015. (gie)
June 4, 2015	Filing 6 Order Setting Forth the Court's Policy on Motions for Extension or Stay of the Scheduling Order Deadlines. Signed by Judge Joan A. Lenard on 6/4/2015. (gie)
June 4, 2015	Filing 5 Notice of Court Procedure in Actions Brought Under The Fair Labor Standards Act and Referral to Magistrate Judge for Settlement Conference. Signed by Judge Joan A. Lenard on 6/4/2015. (gie)
June 4, 2015	Filing 4 Summons Issued as to All Defendants. (lrz)
June 4, 2015	Filing 3 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (lrz)
June 4, 2015	Filing 2 Judge Assignment to Judge Joan A. Lenard (lrz)
June 4, 2015	Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-7791664, filed by EMILIO BARRIENTOS RAMOS. (Attachments: #1 Certification of Consent to Join, #2 Civil Cover Sheet, #3 Summon(s) on Larios, #4 Summon(s) on United)(Pollock, Brian)

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Plaintiff: Emilio Barrientos Ramos
Represented By:	Brian Howard Pollock
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Defendant: United Floor Crew, Inc
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Defendant: Dennis Larios
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Garnishee: JPMorgan Chase Bank N.A.
Represented By:	Joseph Duane Wargo
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