Harris et al v. Swissport SA, LLC
| Harris, Eric Gamarra, Arturo Lacayo, Luxon Luborieux and George Kirsham Harris |
| Swissport SA, LLC, Swissport Cargo Services, LP, Swissport SA, LLC. and Servisair, LLC |
| 1:2016cv21273 |
| April 8, 2016 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade (Office: Miami) |
| Alicia M Otazo-Reyes |
| Robert N Scola |
| Labor: Fair Standards |
| 15 U.S.C. § 0002 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 31, 2017. A more recent docket listing may be available from PACER.
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Filing 75
ORDER ADOPTING REPORT AND RECOMMENDATIONS; granting in part #70 Motion to Tax Costs Against Plaintiff; granting in part #71 Motion for Bill of Costs; Adopting #74 Report and Recommendations. Certificate of Appealability: No Ruling. Signed by Judge Robert N. Scola, Jr on 7/31/2017. (lrz1)
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| Filing 74 REPORT AND RECOMMENDATION re #70 MOTION to Tax Costs; #71 MOTION for Bill of Costs. Objections to R&R due by 7/3/2017. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 6/19/2017. (eaa) |
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Filing 73
ORDER REFERRING #71 MOTION for Bill of Costs filed by Swissport SA, LLC., Swissport Cargo Services, LP, #70 MOTION to Tax Costs Against Plaintiff, Eric Gamarra (with supporting Memorandum of Law) filed by Swissport SA, LLC., Swissport Cargo Services, LP. Motions referred to Judge Alicia M. Otazo-Reyes Signed by Judge Robert N. Scola, Jr on 5/25/2017. (yha)
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| Filing 72 RESPONSE in Opposition re #71 MOTION for Bill of Costs filed by Eric Gamarra. Replies due by 5/30/2017. (Zacarias, Christopher) |
| Filing 71 MOTION for Bill of Costs by Swissport Cargo Services, LP, Swissport SA, LLC.. Responses due by 5/22/2017 (Attachments: #1 Exhibit A - fee for copies of deposition transcripts for individuals who were proffered as trial witnesses, #2 Exhibit B - fee for exemplification and copies of papers necessarily obtained for use in the case)(Muldowney, Patrick) |
| Filing 70 MOTION to Tax Costs Against Plaintiff, Eric Gamarra (with supporting Memorandum of Law) by Swissport Cargo Services, LP, Swissport SA, LLC.. Responses due by 5/22/2017 (Attachments: #1 Exhibit 1 - Defendants' Bill of Costs with attachments)(Muldowney, Patrick) |
| Filing 69 JUDGMENT in favor of Swissport Cargo Services, LP, Swissport SA, LLC. against Arturo Lacayo, Eric Gamarra, Luxon Luborieux Signed by Judge Robert N. Scola, Jr on 4/10/2017. (yha) |
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Filing 68
ORDER granting #46 Motion for Summary Judgment. Closing Case. Motions Terminated: #46 MOTION for Summary Judgment And Supporting Memorandum of Law filed by Swissport SA, LLC., Swissport Cargo Services, LP, #58 MOTION in Limine to exclude evidence at trial filed by Swissport SA, LLC., Swissport Cargo Services, LP. Signed by Judge Robert N. Scola, Jr on 4/7/2017. (yha) 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. Modified text on 4/10/2017 (vp).
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| Filing 67 Proposed Jury Instructions by Eric Gamarra, Arturo Lacayo. (Attachments: #1 Exhibit - Proposed Verdict Form)(Zacarias, Christopher) |
| Filing 66 PRETRIAL STIPULATION by Eric Gamarra, Arturo Lacayo, Luxon Luborieux (Attachments: #1 Exhibit A - Plaintiffs' Exhibit List, #2 Exhibit B - Defendants' Exhibit List, #3 Exhibit C - Plaintiffs' Witness List, #4 Exhibit D- Defendants' Witness List)(Zacarias, Christopher) |
| Filing 65 Proposed Voir Dire Questions by Eric Gamarra, Arturo Lacayo, Luxon Luborieux. (Zacarias, Christopher) |
| Filing 64 Proposed Voir Dire Questions by Swissport Cargo Services, LP, Swissport SA, LLC.. (Martin, Meagan) |
| Filing 63 Notice of Supplemental Authority re #46 MOTION for Summary Judgment And Supporting Memorandum of Law, #58 MOTION in Limine to exclude evidence at trial by Swissport Cargo Services, LP, Swissport SA, LLC. (Attachments: #1 Exhibit A - Order Granting Defendant's Motion for Summary Judgment in Mickell Aguilar v. Swissport SA, LLC f/k/a Servisair LLC, Case No. 1:15-cv-22357-JEM) (Muldowney, Patrick) |
| Filing 62 REPLY to Response to Motion re #58 MOTION in Limine to exclude evidence at trial filed by Swissport Cargo Services, LP, Swissport SA, LLC.. (Attachments: #1 Exhibit A - Pl.'s Resp. in Opp'n to Defs.' Mot. In Lim., Contreras, No. 2013-CIV-22425, at Doc. 74, n.1 (S.D. Fla. June 30, 2014))(Muldowney, Patrick) |
| Filing 61 RESPONSE in Opposition re #58 MOTION in Limine to exclude evidence at trial filed by Eric Gamarra, Arturo Lacayo, Luxon Luborieux. Replies due by 3/7/2017. (Zacarias, Christopher) |
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Filing 60
PAPERLESS ORDER: The Court grants #59 the Plaintiffs' unopposed motion in limine. Any references to either attorneys' fees and costs or to the Plaintiffs' claims for liquidated damages are excluded from presentation to the jury. Signed by Judge Robert N. Scola, Jr. on 2/23/2017. (kbe)
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| Filing 59 Unopposed MOTION in Limine by Eric Gamarra, Arturo Lacayo, Luxon Luborieux. (Zacarias, Christopher) |
| Filing 58 MOTION in Limine to exclude evidence at trial by Swissport Cargo Services, LP, Swissport SA, LLC.. (Muldowney, Patrick) |
| Filing 57 REPLY to Response to Motion re #46 MOTION for Summary Judgment And Supporting Memorandum of Law filed by Swissport Cargo Services, LP, Swissport SA, LLC.. (Muldowney, Patrick) |
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Filing 56
PAPERLESS ORDER: The Court grants #55 the Defendants' motion for an extension of time to file their reply to the motion for summary judgment. The Defendants must file their reply on or before January 18, 2017. Any further extensions would require resetting the trial date in this matter. Thus no further extensions will be considered unless there is a sufficient showing of good cause to reset the trial date. Signed by Judge Robert N. Scola, Jr. on 1/10/2017. (kbe)
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| Filing 55 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #53 Response in Opposition to Motion by Swissport Cargo Services, LP, Swissport SA, LLC.. Attorney Meagan Leigh Martin added to party Swissport Cargo Services, LP(pty:dft). (Attachments: #1 Text of Proposed Order)(Martin, Meagan) |
| Filing 54 RESPONSE to #45 Statement of Material Facts by Eric Gamarra, Arturo Lacayo, Luxon Luborieux. (Zacarias, Christopher) |
| Filing 53 RESPONSE in Opposition re #46 MOTION for Summary Judgment And Supporting Memorandum of Law filed by Eric Gamarra, Arturo Lacayo, Luxon Luborieux. Replies due by 1/11/2017. (Zacarias, Christopher) |
| Filing 52 NOTICE by Eric Gamarra, Arturo Lacayo, Luxon Luborieux of filing deposition transcript of Maurice Nelson (Attachments: #1 Transcripts of Maurice Nelson) (Zacarias, Christopher) |
| Filing 51 NOTICE by Eric Gamarra, Arturo Lacayo, Luxon Luborieux Filing Affidavit of Luxon Luborieux in Opposition to Defendants' Motion for Summary Final Judgment (Attachments: #1 Affidavit of Luxon Luborieux) (Zacarias, Christopher) |
| Filing 50 NOTICE by Eric Gamarra, Arturo Lacayo, Luxon Luborieux Notice of Filing Affidavit of Arturo Lacayo in Opposition to Defendants' Motion for Summary Final Judgment (Attachments: #1 Affidavit of Arturo Lacayo) (Zacarias, Christopher) |
| Filing 49 NOTICE by Eric Gamarra, Arturo Lacayo, Luxon Luborieux Notice of Filing Affidavit of Eric Gamarra in Opposition to Defendants' Motion for Summary Final Judgment (Attachments: #1 Affidavit of Eric Gamarra) (Zacarias, Christopher) |
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Filing 48
PAPERLESS ORDER: The Court grants #47 the Plaintiffs' Unopposed Motion for Extension of Time. The Plaintiffs' response to #46 the Defendants' Motion for Summary Judgment is due on or before January 4, 2017. Signed by Judge Robert N. Scola, Jr. on 12/27/2016. (kbr)
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| Filing 47 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #46 MOTION for Summary Judgment And Supporting Memorandum of Law by Eric Gamarra, Arturo Lacayo, Luxon Luborieux. (Attachments: #1 Text of Proposed Order)(Zacarias, Christopher) |
| Filing 46 MOTION for Summary Judgment And Supporting Memorandum of Law by Swissport Cargo Services, LP, Swissport SA, LLC.. Responses due by 12/27/2016 (Muldowney, Patrick) |
| Filing 45 Statement of: Material Facts in Support of Their Motion for Summary Final Judgment by Swissport Cargo Services, LP, Swissport SA, LLC. (Muldowney, Patrick) |
| Filing 44 NOTICE by Swissport Cargo Services, LP, Swissport SA, LLC. Notice of Filing Deposition Transcript of Arturo Lacayo in Support of Their Motion for Summary Final Judgment (Attachments: #1 Transcript) (Muldowney, Patrick) |
| Filing 43 NOTICE by Swissport Cargo Services, LP, Swissport SA, LLC. Notice of Filing Deposition Transcript of Luxon Laborieux in Support of Their Motion for Summary Final Judgment (Attachments: #1 Transcript) (Muldowney, Patrick) |
| Filing 42 NOTICE by Swissport Cargo Services, LP, Swissport SA, LLC. Notice of Filing Deposition Transcript of Eric Gamarra in Support of Their Motion for Summary Final Judgment (Attachments: #1 Transcript) (Muldowney, Patrick) |
| Filing 41 NOTICE by Swissport Cargo Services, LP, Swissport SA, LLC. Notice of Filing Deposition Transcript of Carola Bustos in Support of Their Motion for Summary Final Judgment (Attachments: #1 Transcript) (Muldowney, Patrick) |
| Filing 40 NOTICE by Swissport Cargo Services, LP, Swissport SA, LLC. Notice of Filing Deposition Transcript of Nocen Cabrera in Support of Their Motion for Summary Final Judgment (Attachments: #1 Transcript) (Muldowney, Patrick) |
| Filing 39 NOTICE by Swissport Cargo Services, LP, Swissport SA, LLC. Notice of Filing Resume of Luxon Luborieux in Support of Their Motion for Summary Final Judgment (Attachments: #1 Resume) (Muldowney, Patrick) |
| Filing 38 NOTICE by Swissport Cargo Services, LP, Swissport SA, LLC. Notice of Filing Resume of Arturo Lacayo in Support of Their Motion for Summary Final Judgment (Attachments: #1 Resume) (Muldowney, Patrick) |
| Filing 37 NOTICE by Swissport Cargo Services, LP, Swissport SA, LLC. Notice of Filing Resume of Eric Gamarra in Support of Their Motion for Summary Final Judgment (Attachments: #1 Resume) (Muldowney, Patrick) |
| Filing 36 NOTICE by Swissport Cargo Services, LP, Swissport SA, LLC. Notice of Filing Declaration of Nocen Cabrera in Support of Their Motion for Summary Final Judgment (Attachments: #1 Declaration) (Muldowney, Patrick) |
| Filing 35 NOTICE by Swissport Cargo Services, LP, Swissport SA, LLC. Notice of Filing Declaration of Julio Cabrera in Support of Their Motion for Summary Final Judgment (Attachments: #1 Declaration) (Muldowney, Patrick) |
| Filing 34 NOTICE by Eric Gamarra, Arturo Lacayo, Luxon Luborieux regarding consent to Magistrate Judge (Zacarias, Christopher) |
| Filing 33 STIPULATION Regarding Defendants' Engagement in Commerce by Swissport Cargo Services, LP, Swissport SA, LLC. (Muldowney, Patrick) |
| Filing 32 FINAL MEDIATION REPORT by Marlene Quintana. Disposition: Case did not settle.(Quintana, Marlene) |
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Filing 31
ORDER denying as moot #20 Motion to Compel. Signed by Judge Robert N. Scola, Jr on 10/18/2016. (yha)
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| Filing 30 ANSWER and Affirmative Defenses to Amended Complaint (SECOND AMENDED COMPLAINT) by Swissport Cargo Services, LP, Swissport SA, LLC.. Attorney Patrick Michael Muldowney added to party Swissport Cargo Services, LP(pty:dft). (Muldowney, Patrick) |
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Filing 29
ORDER Scheduling Mediation before Marlene Quintana. Mediation Hearing set for 11/8/2016. Signed by Judge Robert N. Scola, Jr on 10/12/2016. (mc)
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| Filing 28 NOTICE of Mediator Selection: Marlene Quintana, Esq selected. Filed/Added by Eric Gamarra, Arturo Lacayo, Luxon Luborieux, Marlene Quintana. Mediation Hearing set for November 8, 2016 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order)(Zacarias, Christopher) |
| Filing 27 Summons Issued as to Swissport Cargo Services, LP. (yha) |
| Filing 26 Second AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Eric Gamarra, Arturo Lacayo, Luxon Luborieux. (Attachments: #1 Summon(s))(Zacarias, Christopher) |
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Filing 25
Amended Scheduling Order and Order granting in part and denying in part #24 Motion for Leave to File ; granting in part and denying in part #24 Motion to Amend/Correct ( Amended Pleadings due by 10/3/2016., Expert Discovery due by 1/17/2017., Fact Discovery due by 11/28/2016., Mediation Deadline 12/27/2016., Dispositive Motions due by 12/12/2016., In Limine Motions due by 2/14/2017., Motions due by 2/14/2017., Pretrial Stipulation due by 3/20/2017., Calendar Call set for 4/11/2017 09:00 AM in Miami Division before Judge Robert N. Scola Jr.., Jury Trial set for 4/17/2017 before Judge Robert N. Scola Jr.. ). Signed by Judge Robert N. Scola, Jr on 9/28/2016. (yha)
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| Filing 24 MOTION for Leave to File Second Amended Complaint, Unopposed MOTION to Amend/Correct #14 Scheduling Order, Order Referring Case to Mediation,,,,,, ( Responses due by 10/14/2016) by Eric Gamarra, Arturo Lacayo, Luxon Luborieux. (Attachments: #1 Exhibit A - Second Amended Complaint)(Zacarias, Christopher) |
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Filing 23
PAPERLESS ORDER directing the parties to file their proposed order scheduling mediation. Previously, the Court issued its #14 Scheduling Order requiring the parties to file a proposed order scheduling their mediation by September 22, 2016. Despite this deadline, the parties have not filed the required proposed order though they claim to be "working diligently to do so." Accordingly, the Court directs the parties to file their proposed order scheduling mediation by October 3, 2016. Future violations of the Court's orders may result in sanctions, up to and including the striking of a party's pleadings or dismissal of this case. Cf. Powell v. Siegal, 447 F. App'x 92, 94 (11th Cir. 2011). ("Rule 16(f) authorizes a court to impose sanctions, including dismissal under Rule 37(b)(2)(A)(v), if a party fails to obey a pretrial order.") Signed by Judge Robert N. Scola, Jr. on 9/26/2016. (kbe)
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| Filing 22 STATUS REPORT by Swissport SA, LLC. (Martin, Meagan) |
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Filing 21
ORDER granting #19 Motion to Withdraw as Attorney. Attorney Christopher Francisco Zacarias terminated as to Plaintiff Harris. Deadline to obtain new counsel 10/7/2016. Signed by Judge Robert N. Scola, Jr on 9/20/16. (ane)
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| Filing 20 MOTION to Compel Discovery Responses from Plaintiff George Kirsham Harris by Swissport SA, LLC.. Responses due by 10/6/2016 (Attachments: #1 Exhibit A)(Martin, Meagan) |
| Filing 19 MOTION to Withdraw as Attorney for Plaintiff George Kirsham Harris by Christopher Zacarias. by George Kirsham Harris. Responses due by 10/6/2016 (Zacarias, Christopher) |
| Filing 18 ANSWER and Affirmative Defenses to Amended Complaint by Swissport SA, LLC.. (Muldowney, Patrick) |
| Filing 17 First AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by George Kirsham Harris, Eric Gamarra, Arturo Lacayo, Luxon Luborieux.(Zacarias, Christopher) |
| Reset Deadlines Amended Complaint due by 8/31/2016 per 16 Order. (yha) |
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Filing 16
PAPERLESS ORDER: The Court grants #15 Plaintiffs' unopposed motion for leave to file an amended complaint. Consistent with Local Rule 15.1, the Plaintiff must separately refile her amended complaint by August 31, 2016. Signed by Judge Robert N. Scola, Jr. on 8/25/2016. (kbe)
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| Filing 15 Unopposed MOTION for Leave to File First Amended Complaint by George Kirsham Harris, Arturo Lacayo, Luxon Luborieux, Eric Gamarra. Attorney Christopher Francisco Zacarias added to party Eric Gamarra(pty:pla). (Attachments: #1 Exhibit A - Amended Complaint)(Zacarias, Christopher) |
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Filing 14
SCHEDULING ORDER And Order Of Referral To Mediation: ( Jury Trial set for 3/20/2017 before Judge Robert N. Scola Jr.., Calendar Call set for 3/14/2017 09:00 AM in Miami Division before Judge Robert N. Scola Jr.., Amended Pleadings due by 8/18/2016., Expert Discovery due by 12/15/2016., Fact Discovery due by 10/27/2016., Joinder of Parties due by 8/18/2016., In Limine Motions due by 1/18/2017., Dispositive Motions due by 11/10/2016., Motions due by 1/18/2017., Pretrial Stipulation due by 2/21/2017., Status Report due by 9/22/2016.), ORDER REFERRING CASE to Mediation. Mediation Deadline 11/23/2016. Signed by Judge Robert N. Scola, Jr on 8/1/2016. (yha) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 13 Corporate Disclosure Statement by Swissport SA, LLC. identifying Corporate Parent Servisair Americas, LLC, Corporate Parent Swissport North America Holdings, Inc., Corporate Parent Swissport SAUSA, LLC for Swissport SA, LLC. (Muldowney, Patrick) |
| Filing 12 ANSWER and Affirmative Defenses to Complaint by Swissport SA, LLC.. (Muldowney, Patrick) |
| Filing 11 NOTICE of Attorney Appearance by Meagan Leigh Martin on behalf of Swissport SA, LLC.. Attorney Meagan Leigh Martin added to party Swissport SA, LLC.(pty:dft). (Martin, Meagan) |
| Filing 10 Response to #8 Statement of Claim by Swissport SA, LLC. (Muldowney, Patrick) Modified text on 5/18/2016 (ar2). |
| Filing 9 NOTICE of Compliance by George Kirsham Harris, Arturo Lacayo, Luxon Luborieux re #6 Order Requiring Joint Scheduling Report, Order Referring Case to Judge,, (Zacarias, Christopher) |
| Filing 8 Statement of: Claim by George Kirsham Harris, Arturo Lacayo, Luxon Luborieux (Zacarias, Christopher) |
| Filing 7 WAIVER OF SERVICE Returned Executed by George Kirsham Harris, Arturo Lacayo, Luxon Luborieux. All Defendants. (Zacarias, Christopher) |
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Filing 6
Order Requiring Discovery and Scheduling Conference; Order Requiring Statement of Claim and Response in FLSA Cases; ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Robert N. Scola, Jr on 4/13/2016. (pes)
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| Filing 5 Summons Issued as to Swissport SA, LLC (pes) |
| Filing 4 Clerks Notice to Filer re: Electronic Case. Party Improperly Formatted. The Filer failed to enter the party name in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (pes) |
| Filing 3 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (pes) |
| Filing 2 Judge Assignment to Judge Robert N. Scola, Jr (pes) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-8638340, filed by George Kirsham Harris, Arturo Lacayo, Luxon Luborieux. (Attachments: #1 Summon(s), #2 Civil Cover Sheet)(Zacarias, Christopher) |
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