Garcia v. Pajeoly Corp., et al
| Celso Acosta Garcia |
| Pajeoly Corp.,, Paolo Maietta and Jennifer Maietta |
| 1:2018cv23399 |
| August 21, 2018 |
| US District Court for the Southern District of Florida |
| Robert N Scola |
| Edwin G Torres |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 19 CLERK'S NOTICE of Compliance re 18 Order on Motion for Reconsideration, Defendant re-opened and order mailed. (cqs) |
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)
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| 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) |
| 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). |
| Filing 15 NOTICE of Compliance Re: #14 Order Dismissing Claims Against Defendant Pajeoly Corp. Copy of DE #14 Order mailed to Pajeoly Corp. (ar2) |
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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)
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| 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) |
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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)
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| 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) |
| Filing 10 Plaintiff's MOTION for Clerks Entry of Default as to Pajeoly Corp., by Celso Acosta Garcia. (Jaff, Rivkah) |
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Filing 9
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 9/11/2018. See attached document for full details. (mdc)
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| 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) |
| Filing 7 Statement of: Claim by Celso Acosta Garcia re #6 Order,, Order Referring Case to Magistrate Judge, (Jaff, Rivkah) |
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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)
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| 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) |
| 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) |
| Filing 3 Summons Issued as to Jennifer Maietta, Paolo Maietta, Pajeoly Corp.,. (lbc) |
| 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) |
| 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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