Garcia v. Pajeoly Corp., et al
Plaintiff: Celso Acosta Garcia
Defendant: Pajeoly Corp.,, Paolo Maietta and Jennifer Maietta
Case Number: 1:2018cv23399
Filed: August 21, 2018
Court: US District Court for the Southern District of Florida
Presiding Judge: Robert N Scola
Referring Judge: Edwin G Torres
Nature of Suit: Labor: Fair Standards
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 10, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2018 Filing 19 CLERK'S NOTICE of Compliance re 18 Order on Motion for Reconsideration, Defendant re-opened and order mailed. (cqs)
October 15, 2018 Opinion or Order Filing 18 PAPERLESS ORDER granting the Plaintiff's motion for reconsideration #16 of the Court's order dismissing claims against Defendant Pajeoly Corp. ("Pajeoly") without prejudice for failure to move for default judgment or file a notice of joint liability by October 8, 2018 #14 . The motion indicates that the failure to so move was due to neglect of counsel, and that not reinstating the claims against Pajeoly would result in prejudice to the Plaintiff; namely, the loss of eight weeks of overtime wages by operation of the applicable statute of limitations. Additionally, the Plaintiff filed a motion for default judgment as to Pajeoly on October 15, 2018. #17 In consideration of these facts, the Court grants the motion for reconsideration for excusable neglect shown. See Fed. R. Civ. P. 60(b)(1). The Clerk is directed to reopen this case against Pajeoly and mail a copy of this order to the following address: Pajeoly Corp. c/o Pagios & Associates, LLC, 1040 71st Street, Ste. 103, Miami Beach, Florida 33141. Signed by Judge Robert N. Scola, Jr. (zlz)
October 15, 2018 Filing 17 Plaintiff's MOTION for Default Judgment as to Only Defendant, Pajeoly Corp.,, Plaintiff's MOTION for Extension of Time to File One Motion Regarding Fees and Costs, Including Future Fees and Costs Regarding Collection of Default at the Conclusion of Collection, Nunc Pro Tunc ( Responses due by 10/29/2018) by Celso Acosta Garcia. (Attachments: #1 Exhibit A - Declaration of Plaintiff, #2 Affidavit of Process Servers (Re: Non-Service on Individual Defendants), #3 Affidavit of Process Servers (Re: Non-Service on Individual Defendants), #4 Affidavit of Process Servers (Re: Non-Service on Individual Defendants))(Jaff, Rivkah)
October 15, 2018 Filing 16 Plaintiff's MOTION for Reconsideration re #14 Order Dismissing Case, Terminate Parties , Plaintiff's MOTION to Reopen Case /Reinstate Case as to the Corporate Defendant, Pajeoly Corp. by Celso Acosta Garcia. (Jaff, Rivkah)Termed Motion/ Modified on 10/15/2018 (cqs).
October 11, 2018 Filing 15 NOTICE of Compliance Re: #14 Order Dismissing Claims Against Defendant Pajeoly Corp. Copy of DE #14 Order mailed to Pajeoly Corp. (ar2)
October 10, 2018 Opinion or Order Filing 14 Order Dismissing Claims Against Defendant Pajeoly Corp. Pajeoly Corp., terminated. Signed by Judge Robert N. Scola, Jr. on 10/10/2018. See attached document for full details. (ar2)
September 25, 2018 Filing 13 Notice Of Upcoming Deadline To Serve Under Federal Rule Of Civil Procedure 4(m). Responses due by 11/19/2018. Signed by Judge Robert N. Scola, Jr on 9/25/2018. See attached document for full details. (lbc)
September 24, 2018 Opinion or Order Filing 12 ORDER On Default Judgment Procedure. Signed by Judge Robert N. Scola, Jr on 9/24/2018. See attached document for full details. (lbc)
September 20, 2018 Filing 11 Clerks Entry of Default as to PAJEOLY CORP. Motions Terminated: #10 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 9/20/2018. (lbc)
September 20, 2018 Filing 10 Plaintiff's MOTION for Clerks Entry of Default as to Pajeoly Corp., by Celso Acosta Garcia. (Jaff, Rivkah)
September 11, 2018 Opinion or Order Filing 9 ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 9/11/2018. See attached document for full details. (mdc)
September 4, 2018 Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by Celso Acosta Garcia. Pajeoly Corp., served on 8/28/2018, answer due 9/18/2018. (Zidell, Jamie)
August 22, 2018 Filing 7 Statement of: Claim by Celso Acosta Garcia re #6 Order,, Order Referring Case to Magistrate Judge, (Jaff, Rivkah)
August 22, 2018 Opinion or Order Filing 6 Order Requiring Discovery And Scheduling Conference, Order Requiring Statement Of Claim And Response In FLSA Case, And Order Referring Non-Dispositive Pretrial And Discovery Matters To Magistrate Judge Edwin G. Torres. Signed by Judge Robert N. Scola, Jr on 8/22/2018. See attached document for full details. (lbc)
August 22, 2018 Filing 5 NOTICE of Attorney Appearance by Neil Tobak on behalf of Celso Acosta Garcia. Attorney Neil Tobak added to party Celso Acosta Garcia(pty:pla). (Tobak, Neil)
August 22, 2018 Filing 4 NOTICE of Attorney Appearance by Rivkah Fay Jaff on behalf of Celso Acosta Garcia. Attorney Rivkah Fay Jaff added to party Celso Acosta Garcia(pty:pla). (Jaff, Rivkah)
August 22, 2018 Filing 3 Summons Issued as to Jennifer Maietta, Paolo Maietta, Pajeoly Corp.,. (lbc)
August 21, 2018 Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (lbc)
August 21, 2018 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-10927729, filed by Celso Acosta Garcia. (Attachments: #1 Summon(s), #2 Civil Cover Sheet)(Zidell, Jamie)

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Defendant: Pajeoly Corp.,
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Defendant: Paolo Maietta
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Defendant: Jennifer Maietta
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Plaintiff: Celso Acosta Garcia
Represented By: Neil Tobak
Represented By: Rivkah Fay Jaff
Represented By: Jamie H. Zidell
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