Mendoza v. Host International, Inc. et al
| Julio Mendoza |
| Xinia Fite and Host International, Inc. |
| 1:2018cv23499 |
| August 28, 2018 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Andrea M Simonton |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 26, 2018. A more recent docket listing may be available from PACER.
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| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE re 13 Order to Show Cause,,,, by Xinia Fite, Host International, Inc.. (Attachments: #1 Composite Exhibit A - Orders)(Muldowney, Patrick) |
Filing 13
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE is before the Court upon a Notice of Filing Settlement Agreement Under Seal 12 . Courts in this district routinely require the public filing of FLSA settlement agreements, citing the presumption of public access to judicial documents and the FLSA's purpose of advancing employees' awareness of their FLSA rights. See, e.g., Molnoski v. Batmasian, No. 16-cv-81789, 2017 WL 2984164, *1 (S.D. Fla. July 12, 2017); Mercado v. Snyder, No. 15-cv-14101, 2015 WL 11142629, *1 (S.D. Fla. Dec. 11, 2015); Perez v. Farinas Farm, Inc., No. 12-cv-21428, 2012 WL 12902742, * 1 (S.D. Fla. May 10, 2012). The Court is reluctant to deviate from this sound general practice here. Thus, the Parties are hereby ORDERED TO SHOW CAUSE on or before October 26, 2018 why the Court should maintain the Parties' Settlement Agreement 12 under seal. The Parties are warned that failure to timely show cause will result in the automatic unsealing of the Settlement Agreement. Signed by Chief Judge K. Michael Moore on 10/23/2018. (osk)
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| Set Deadlines Per DE#13. Show Cause Response due by 10/26/2018. (cqs) |
| Filing 11 Joint MOTION for Approval of Settlement Agreement by Xinia Fite, Host International, Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Muldowney, Patrick) |
| SYSTEM ENTRY - Docket Entry 12 [misc] restricted/sealed until further notice. (694429) |
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Filing 10
REVISED PAPERLESS NOTICE OF COURT PRACTICE UPON NOTICE OF SETTLEMENT. THIS CAUSE came before the Court upon a Notice of Settlement #8 . The Parties are hereby directed to file a copy of the settlement agreement with the Court no later than thirty (30) days from the date of this order. Pursuant to Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), claims for back wages arising under the FLSA may be settled only with approval of the Court or the Secretary of Labor. The Parties are reminded that FLSA requires judicial review of the reasonableness of counsels legal fees to assure both that counsel is compensated adequately and that no conflict of interest taints the amount the wronged employee recovers under a settlement agreement. Silva v. Miller, 307 F. App'x 349, 351 (11th Cir. 2009). Thus, if the settlement agreement itself does not disclose the amount paid to the Plaintiff and counsel's attorney fees, they should be separately indicated. The Parties should also include in their filing any information that they believe is relevant to determining the fairness of the fee. If the Parties intend to keep the settlement agreement confidential, they may file the settlement agreement as a sealed document. If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. The Clerk of Court is instructed to strike Docket Entry 9 in light of this Revised Notice. This case remains CLOSED for administrative purposes. All pending motions, if any, are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 9/21/2018. (osk)
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| Filing 9 (STRICKEN by DE# 10.) PAPERLESS NOTICE OF COURT PRACTICE UPON NOTICE OF SETTLEMENT. THIS CAUSE came before the Court upon a Joint Notice of Settlement stating that the Parties have reached a settlement #8 . THE PARTIES are hereby directed to file a stipulation of dismissal of all claims signed by all parties pursuant to Rule 41(a), Fed. R. Civ. P., within thirty (30) days from the date of this Notice. If such papers are not filed within the time specified, this matter will be DISMISSED and the Court will be divested of jurisdiction to enforce the settlement agreement. The Clerk of the Court is instructed to administratively CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 9/21/2018. (osk) Modified to reflect "stricken" on 9/21/2018 (wc). |
| Civil Case Terminated. Closing Case. (osk) |
| Filing 8 NOTICE of Settlement (Joint) by Xinia Fite, Host International, Inc.. Attorney Patrick Michael Muldowney added to party Xinia Fite(pty:dft). (Muldowney, Patrick) |
| Filing 7 NOTICE of Attorney Appearance by Juliana Gonzalez on behalf of Julio Mendoza. Attorney Juliana Gonzalez added to party Julio Mendoza(pty:pla). (Gonzalez, Juliana) |
| Filing 6 NOTICE of Attorney Appearance by Mary Caroline Cravatta on behalf of Host International, Inc. (Cravatta, Mary) |
| Filing 5 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Host International, Inc.. (Muldowney, Patrick) |
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Filing 4
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE ANDREA M. SIMONTON. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Andrea M. Simonton to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Andrea M. Simonton's discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge Simonton, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 8/31/2018. (cce)
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Filing 3
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one-inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 8/31/2018. (cce)
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| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Ch. Magistrate Judge Andrea M. Simonton. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton 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 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Owed Minimum Wage and Overtime) Filing fee $ 400.00 receipt number 113C-10948310, filed by Host International, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court File)(Muldowney, Patrick) |
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