Mercado et al v. Loewen Decor, Inc. et al
| Mercado, Donys Francisco Gonzalez Mercado, Ernesto Jose Hernandez Amador and Alfonso Enmanuel Vasquez Mata |
| Loewen Decor, Inc, Loewen Decor, Inc. and Andres S Lowentraut |
| 1:2016cv21112 |
| March 29, 2016 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade (Office: Miami) |
| Jonathan Goodman |
| Joan A Lenard |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 Fair Labor Standards Act |
| Plaintiff |
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This docket was last retrieved on November 14, 2016. A more recent docket listing may be available from PACER.
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Filing 46
ORDER DISMISSING CASE with prejudice. This Cause is before the Court on #43 the Parties' Joint Motion to Approve Settlement and to Dismiss with Prejudice, filed on November 10, 2016, 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 Settlement Agreement pursuant to Lynn's Food, the Court finds that the agreement is a "fair and reasonable resolution of a bona fide dispute over FLSA provisions." 679 F.2d at 1354. Accordingly, 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 is now CLOSED. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 11/14/2016. (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.
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Filing 45
ORDER GRANTING #44 Unopposed Motion for Withdrawal and Substitution of Counsel for Defendants. York M. Flik of the firm Allen, Norton & Blue, P.A., is hereby substituted as lead counsel of record for Defendants, in lieu of Rodolfo Gomez, who is relieved of further responsibility for representation of Defendantsis this action. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 11/14/2016. (gie)
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| Filing 44 Unopposed MOTION to Withdraw as Attorney by Rodolfo Gomez., STIPULATED MOTION for Substitution of Counsel. Substituting York M. Flik for Rodolfo Gomez ( Responses due by 12/1/2016) by Loewen Decor, Inc., Andres S Lowentraut. Attorney York Milligan Flik added to party Loewen Decor, Inc.(pty:dft), Attorney York Milligan Flik added to party Andres S Lowentraut(pty:dft). (Attachments: #1 Text of Proposed Order)(Flik, York) |
| Filing 43 Joint MOTION to Approve Settlement and, Joint MOTION to Dismiss #12 Amended Complaint with Prejudice ( Responses due by 12/1/2016) by Donys Francisco Gonzalez Mercado. (Attachments: #1 Exhibit A - Fully Executed Settlement Agreement)(Jaff, Rivkah) |
| Filing 42 NOTICE of Compliance by Donys Francisco Gonzalez Mercado re 37 Order Dismissing Case,,,,,,, (Attachments: #1 Affidavit of Plaintiff's Counsel, Rivkah F. Jaff, Esq.) (Jaff, Rivkah) |
| Filing 41 Clerk's Notice of Docket Correction re 40 Settlement Conference Docket Text Modified by Clerk. (mso) |
| Filing 40 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Settlement Conference held on 8/4/2016. **The parties did not resolve the case today, but have agreed to continue negotiations on their own over the next few days.** (Digital 10:31:54 and 10:33:38.) Docket Text Modified on 8/4/2016 (mso). |
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Filing 39
ENDORSED ORDER re Settlement Conference set for 8/4/2016 at 10:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. The Settlement Conference will occur as scheduled per the #35 Order Scheduling Resumed Settlement Conference entered on July 13, 2016. Signed by Magistrate Judge Jonathan Goodman on 8/3/2016. (tr00)
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Filing 38
ORDER REOPENING CASE. On August 3, 2016, Defendants filed a #36 Notice of Consent to Plaintiffs' Notices of Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41 Without Prejudice. Therein, it indicated that Plaintiffs Alfonso Enmanuel Vasquez Mata and Ernesto Jose Hernandez Amador voluntarily dismissed their claims. Based on the Notice, the Court dismissed the entire case without prejudice. (D.E. 37.) However, one Plaintiff--Donys Francisco Gonzalez Mercado--did not voluntarily dismiss his claims. Therefore, dismissal of the entire case was in error and the case is hereby REOPENED. The Court's August 3, 2016 dismissal Order is VACATED IN PART and solely to the extent that it dismissed the entire case without prejudice and closed the case. The other directives contained in the Order requiring the Parties to file a settlement agreement or affidavit remain applicable with respect to Plaintiffs Mata and Amador. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 8/3/2016. (gie)
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Filing 37
ORDER DISMISSING CASE without prejudice and DIRECTING the Parties to file a fully-executed settlement agreement OR an an Affidavit stating that Plaintiffs are not receiving a monetary settlement. On March 29, 2016, Plaintiffs filed a Complaint against Defendants for violations of the Fair Labor Standards Act ("FLSA"). On August 3, 2016, Defendants filed a #36 Notice of Consent to Plaintiffs' Notices of Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41 Without Prejudice. The Notice does not indicate whether Plaintiffs' voluntary dismissal is being made pursuant to a settlement, but the Court notes that the Parties had been in settlement discussions.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 it ORDERED AND ADJUDGED that this case is DISMISSED WITHOUT PREJUDICE, all pending motions are DENIED AS MOOT, and this case is now CLOSED. Within ten (10) days of the date of this Order, either: (1) the Parties shall jointly file a fully-executed Settlement Agreement for the Court's approval pursuant to Lynn's Food , 679 F.2d at 1355, or (2) Plaintiffs counsel shall file an affidavit with the Court swearing that the dismissal is being made without Plaintiffs receiving a monetary settlement. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 8/3/2016. (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.
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| Filing 36 NOTICE by Loewen Decor, Inc., Andres S Lowentraut (of Consent to Plaintiffs' Notices of Voluntary Dismissal Pursuant to Fed. R.Civ. P. 41 Without Prejudice) (Gomez, Rodolfo) |
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Filing 35
ORDER scheduling Resumed Settlement Conference for 8/4/2016 at 10:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 7/13/2016. (tr00)
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| Filing 34 SCHEDULING REPORT - Rule 26(f) by Ernesto Jose Hernandez Amador, Donys Francisco Gonzalez Mercado, Alfonso Enmanuel Vasquez Mata (Fox, Stephen) |
| Filing 33 CONSENT to Jurisdiction by US Magistrate Judge by Loewen Decor, Inc., Andres S Lowentraut (Gomez, Rodolfo) |
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Filing 32
ENDORSED ORDER re Adjourned Settlement Conference [ECF No. 31]: The parties shall contact the Undersigned's Chambers to coordinate a new date after July 10, 2016 to resume the settlement conference that was adjourned prematurely today due to Defendant needing to leave early. Signed by Magistrate Judge Jonathan Goodman on 6/22/2016. (tr00)
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| Filing 31 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Settlement Conference held on 6/22/2016. The Settlement Conference needed to be adjourned early, due to the Defendant needing to leave to the airport for a pre-scheduled flight. The Settlement Conference was continued for a later date and time. A written notice will be sent out with the new date and time. (Digital 10:00:18.) (mso) |
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Filing 30
ENDORSED ORDER requiring Defendants (and/or their counsel) to (by June 29, 2016) pay $1,000 to Plaintiff for attorney's fees and the interpreter fee incurred unnecessarily as a result of Defendant's surprise announcement, at the beginning of this morning's mediation, that he needed to leave for an international flight. The Court understands that this morning's mediation was the first one for Mr. Lowentraut (the individually named defendant who is also a principal of the corporate defendant), but his actions caused the adjournment. This order is not based on a finding of bad faith; it is merely a fee-shifting, cost-shifting mechanism. Defendants shall file an affidavit of compliance, confirming that the payment has been made, in the Court's efile inbox, not on CM/ECF, by June 30, 2016. The Court will reschedule the mediation in a separate order. Signed by Magistrate Judge Jonathan Goodman on 06/22/2016. (JG)
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| Filing 29 NOTICE of Voluntary Dismissal by Ernesto Jose Hernandez Amador (Sheskin, Joshua) |
| Filing 28 NOTICE of Attorney Appearance by Joshua Howard Sheskin on behalf of Ernesto Jose Hernandez Amador, Donys Francisco Gonzalez Mercado, Alfonso Enmanuel Vasquez Mata. Attorney Joshua Howard Sheskin added to party Ernesto Jose Hernandez Amador(pty:pla), Attorney Joshua Howard Sheskin added to party Donys Francisco Gonzalez Mercado(pty:pla), Attorney Joshua Howard Sheskin added to party Alfonso Enmanuel Vasquez Mata(pty:pla). (Sheskin, Joshua) |
| Filing 27 Notice of NO Pending, Refiled, Related or Similar Actions by Ernesto Jose Hernandez Amador, Donys Francisco Gonzalez Mercado, Alfonso Enmanuel Vasquez Mata (Fox, Stephen) |
| Filing 26 Certificate of Interested Parties by Ernesto Jose Hernandez Amador, Donys Francisco Gonzalez Mercado, Alfonso Enmanuel Vasquez Mata (Fox, Stephen) |
| Filing 25 NOTICE by Loewen Decor, Inc., Andres S Lowentraut re #21 Order Referring Case to Judge, of Refiling and/or of Related Cases (Gomez, Rodolfo) |
| Filing 24 Certificate of Interested Parties/Corporate Disclosure Statement by Loewen Decor, Inc., Andres S Lowentraut (Gomez, Rodolfo) |
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Filing 23
ORDER scheduling Settlement Conference for 6/22/2016 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 5/25/2016. (tr00)
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Filing 22
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 05/25/16. (dp)
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Filing 21
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 05/25/16. (Attachments: #1 Appendix, #2 Appendix) (dp)
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| Filing 20 NOTICE of Compliance with Court's Orders by Loewen Decor, Inc., Andres S Lowentraut re #9 Order Referring Case to Judge, Notice of Court Practice, 17 Order to Show Cause,,, (Gomez, Rodolfo) |
| Filing 19 RESPONSE/REPLY to #10 Statement by Loewen Decor, Inc., Andres S Lowentraut. (Gomez, Rodolfo) |
| Filing 18 Defendants' ANSWER and Affirmative Defenses to Amended Complaint by Loewen Decor, Inc., Andres S Lowentraut. (Gomez, Rodolfo) |
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Filing 17
ORDER TO SHOW CAUSE. On March 31, 2016, the Court issued a #9 Notice of Court Procedure in Actions Brought under the Fair Labor Standards Act and Referral to Magistrate Judge for Settlement Conference. Therein, Plaintiff was directed to file a Statement of Claim, and Defendant was required to file a Response thereto within twenty days of being served with the Statement of Claim. To date, Defendant has not filed a Response to Plaintiff's Statement of Claim. Accordingly, it is ORDERED AND ADJUDGED that Defendant shall have until and including May 24, 2016 to file a Response to Plaintiff's Statement of Claim or SHOW CAUSE why default should not be entered against them.. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/20/2016. (gie)
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| Filing 16 NOTICE of Compliance WITH DE 9 by Ernesto Jose Hernandez Amador, Donys Francisco Gonzalez Mercado, Alfonso Enmanuel Vasquez Mata re #9 Order Referring Case to Judge, Notice of Court Practice. Attorney Stephen Michael Fox, Jr added to party Alfonso Enmanuel Vasquez Mata(pty:pla). (Fox, Stephen) |
| Filing 15 NOTICE of Voluntary Dismissal as to ALFONSO ENMANUEL VASQUEZ MATA only, without prejudice by Alfonso Enmanuel Vasquez Mata. Attorney K. David Kelly added to party Alfonso Enmanuel Vasquez Mata(pty:pla). (Kelly, K.) |
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Filing 14
ORDER GRANTING #13 Defendants' Unopposed Motion for Enlargement of Time. Defendants shall have until and including May 24, 2016 to respond to the First Amended Complaint. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/3/2016. (gie)
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #12 Amended Complaint by Loewen Decor, Inc., Andres S Lowentraut. Attorney Rodolfo Gomez added to party Loewen Decor, Inc.(pty:dft), Attorney Rodolfo Gomez added to party Andres S Lowentraut(pty:dft). (Attachments: #1 Text of Proposed Order)(Gomez, Rodolfo) |
| Filing 12 First AMENDED COMPLAINT against Loewen Decor, Inc., Andres S Lowentraut, filed by Donys Francisco Gonzalez Mercado, Ernesto Jose Hernandez Amador, Alfonso Enmanuel Vasquez Mata.(Kutner, Allyson) |
| Filing 11 NOTICE of Attorney Appearance by Allyson Greer Kutner on behalf of Ernesto Jose Hernandez Amador, Donys Francisco Gonzalez Mercado. Attorney Allyson Greer Kutner added to party Ernesto Jose Hernandez Amador(pty:pla), Attorney Allyson Greer Kutner added to party Donys Francisco Gonzalez Mercado(pty:pla). (Kutner, Allyson) |
| Filing 10 Statement of: claim by Ernesto Jose Hernandez Amador, Donys Francisco Gonzalez Mercado re #9 Order Referring Case to Judge, Notice of Court Practice (Kelly, K.) |
| Filing 9 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 03/31/16. (dp) |
| Filing 8 NOTICE of Attorney Appearance by Stephen Michael Fox, Jr on behalf of Ernesto Jose Hernandez Amador, Donys Francisco Gonzalez Mercado. Attorney Stephen Michael Fox, Jr added to party Ernesto Jose Hernandez Amador(pty:pla), Attorney Stephen Michael Fox, Jr added to party Donys Francisco Gonzalez Mercado(pty:pla). (Fox, Stephen) |
| Filing 7 NOTICE of Attorney Appearance by K. David Kelly on behalf of Ernesto Jose Hernandez Amador, Donys Francisco Gonzalez Mercado. Attorney K. David Kelly added to party Ernesto Jose Hernandez Amador(pty:pla), Attorney K. David Kelly added to party Donys Francisco Gonzalez Mercado(pty:pla). (Kelly, K.) |
| Filing 6 NOTICE of Attorney Appearance by Rivkah Fay Jaff on behalf of Ernesto Jose Hernandez Amador, Donys Francisco Gonzalez Mercado. Attorney Rivkah Fay Jaff added to party Ernesto Jose Hernandez Amador(pty:pla), Attorney Rivkah Fay Jaff added to party Donys Francisco Gonzalez Mercado(pty:pla). (Jaff, Rivkah) |
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Filing 5
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. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/30/2016. (gie)
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| Filing 4 Summons Issued as to Loewen Decor, Inc., Andres S Lowentraut. (jc) |
| 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. (jc) |
| Filing 2 Judge Assignment to Judge Joan A. Lenard (jc) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-8606077, filed by Donys Francisco Gonzalez Mercado, Ernesto Jose Hernandez Amador. (Attachments: #1 Summon(s), #2 Civil Cover Sheet)(Zidell, Jamie) |
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