ESTIVENE v. HOST INTERNATIONAL, INC.
Plaintiff: GERALD ESTIVENE
Defendant: HOST INTERNATIONAL, INC. and HMS HOST RESTAURANT
Case Number: 1:2018cv22088
Filed: May 24, 2018
Court: US District Court for the Southern District of Florida
Office: Miami Office
County: Miami-Dade (Office: Miami)
Presiding Judge: Cecilia M Altonaga
Referring Judge: Jonathan Goodman
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 0201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 26, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 26, 2018 Opinion or Order Filing 22 ORDER granting #21 Revised Joint Motion for Entry of Order Approving Settlement and Dismissing Case With Prejudice. This case is DISMISSED with prejudice, and all pending motions are DENIED as moot. The Court retains jurisdiction to enforce the terms of the Settlement Agreement. Signed by Judge Cecilia M. Altonaga on 7/26/2018. See attached document for full details. (wc)
July 25, 2018 Filing 21 Joint MOTION for Settlement Approval by GERALD ESTIVENE. Responses due by 8/8/2018 (Attachments: #1 Exhibit A - Billing Records, #2 Exhibit B - Affidavit, #3 Exhibit C - Settlement Agreement)(Palma, Zandro)
July 20, 2018 Opinion or Order Filing 20 ORDER denying #19 Motion for Approval of Settlement. The parties must submit a revised motion and agreement with a proposed order and affidavits or exhibits regarding attorneys fees and costs that conform to the requirements of the FLSA by July 27, 2018. Signed by Judge Cecilia M. Altonaga on 7/20/2018. See attached document for full details. (ps1)
July 19, 2018 Filing 19 Joint MOTION for Settlement Approval by GERALD ESTIVENE. Responses due by 8/2/2018 (Attachments: #1 Exhibit A- Settlement Agreement Executed by Plaintiff, #2 Exhibit Settlement Agreement - Executed by DEF)(Palma, Zandro)
July 3, 2018 Opinion or Order Filing 18 Administrative Order. Closing Case. Denying as moot #9 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM filed by HOST INTERNATIONAL, INC. Signed by Judge Cecilia M. Altonaga on 7/3/2018. See attached document for full details. (ps1)
July 3, 2018 Opinion or Order Filing 17 ORDER Requiring Submission of Settlement Agreement for Court Approval, re #16 Notice of Settlement filed by GERALD ESTIVENE. FLSA Settlement Agreement due by 7/23/2018. Signed by Judge Cecilia M. Altonaga on 7/3/2018. See attached document for full details. (ps1)
July 2, 2018 Filing 16 NOTICE of Settlement by GERALD ESTIVENE (Palma, Zandro)
June 28, 2018 Set/Reset Hearings Jury Trial set for 2/19/2019 before Judge Cecilia M. Altonaga. (rms1)
June 28, 2018 Opinion or Order Filing 15 SCHEDULING ORDER: ( Jury Trial set for 6/19/2019 before Judge Cecilia M. Altonaga., Calendar Call set for 2/12/2019 09:00 AM before Judge Cecilia M. Altonaga., Amended Pleadings due by 8/7/2018., Discovery due by 10/22/2018., Expert Discovery due by 10/22/2018., Joinder of Parties due by 8/7/2018., Mediation Deadline 10/29/2018., In Limine Motions due by 12/4/2018., Motions due by 11/6/2018., Pretrial Stipulation due by 12/4/2018.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 10/29/2018.), ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Cecilia M. Altonaga on 6/28/18. (rms1) #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.
June 28, 2018 Filing 14 Joint SCHEDULING REPORT - Rule 16.1 by HOST INTERNATIONAL, INC. (Attachments: #1 Exhibit A - proposed Scheduling Order)(Muldowney, Patrick)
June 27, 2018 Filing 13 Certificate of Interested Parties/Corporate Disclosure Statement by HOST INTERNATIONAL, INC. identifying Corporate Parent HMSHost Corporation, Corporate Parent Autogrill Group, Inc., Corporate Parent Autogrill S.p.A. for HOST INTERNATIONAL, INC. (Muldowney, Patrick)
June 22, 2018 Filing 12 PAPERLESS NOTICE of Hearing on #9 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 7/6/2018 09:00 AM in Miami Division before Judge Cecilia M. Altonaga. (ps1)
June 20, 2018 Filing 11 Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by GERALD ESTIVENE (Palma, Zandro)
June 20, 2018 Filing 10 Corporate Disclosure Statement by HOST INTERNATIONAL, INC. identifying Corporate Parent HMSHost Corporation, Corporate Parent Autogrill Group, Inc., Corporate Parent Autogrill S.p.A. for HOST INTERNATIONAL, INC. (Muldowney, Patrick)
June 20, 2018 Filing 9 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by HOST INTERNATIONAL, INC.. Attorney Patrick Michael Muldowney added to party HOST INTERNATIONAL, INC.(pty:dft). Responses due by 7/5/2018 (Muldowney, Patrick)
June 4, 2018 Opinion or Order Filing 8 Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 7/2/2018. Signed by Judge Cecilia M. Altonaga on 6/4/2018. (ps1)
June 4, 2018 Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by GERALD ESTIVENE. HOST INTERNATIONAL, INC. served on 5/31/2018, answer due 6/21/2018. (Palma, Zandro)
May 29, 2018 Filing 6 Statement of: Claim by GERALD ESTIVENE re #5 Order of Requirements, Order Referring Case to Magistrate Judge (Palma, Zandro)
May 25, 2018 Opinion or Order Filing 5 Order in Actions Brought Under the Fair Labor Standards Act; Statement of Claim due by 6/5/2018, REFERRING CASE to Magistrate Judge Jonathan Goodman for Settlement conference. Signed by Judge Cecilia M. Altonaga on 5/25/2018. (ps1)
May 25, 2018 Filing 4 Summons Issued as to HOST INTERNATIONAL, INC.. (lh)
May 25, 2018 Filing 3 Clerks Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Cause of Action when filing. The correction was made. It is not necessary to re-file this document. (lh)
May 24, 2018 Filing 2 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the 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 Consent form found on our website. It is not necessary to file a document indicating lack of consent. (lh)
May 24, 2018 Filing 1 COMPLAINT against HOST INTERNATIONAL, INC.. Filing fees $ 400.00 receipt number 113C-10682720, filed by GERALD ESTIVENE. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Palma, Zandro)

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Plaintiff: GERALD ESTIVENE
Represented By: Zandro E. Palma
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Defendant: HOST INTERNATIONAL, INC.
Represented By: Patrick Michael Muldowney
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Defendant: HMS HOST RESTAURANT
Represented By: Patrick Michael Muldowney
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