Guerrero v. Florida Auto Phone, Inc. et al
| Francis Miguel Guerrero |
| Frank Dome, T&A Wireless LLC, Brenda Montes, Alejandro Montes, Jose J. Montes, Florida Auto Phone, Inc. and Uneeza Mahmood |
| 1:2018cv24069 |
| October 3, 2018 |
| US District Court for the Southern District of Florida |
| Edwin G Torres |
| Kathleen M Williams |
| Labor: Fair Standards |
| 15 U.S.C. § 1938 |
| Both |
Docket Report
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This docket was last retrieved on November 29, 2018. A more recent docket listing may be available from PACER.
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| Filing 31 STIPULATION of Dismissal by Francis Miguel Guerrero (Regueiro, Rainier) |
Filing 30
PAPERLESS ORDER denying as moot #15 Motion to Dismiss for Failure to State a Claim and entering APPROVAL of settlement. This matter was resolved by settlement following a settlement conference before the Court. Pursuant to Lynns Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th Cir. 1982), the Court finds that the parties' settlement of this action was achieved through representation of all parties by experienced counsel. The Parties' settlement of these claims is the result of a bona fide compromise between them on a variety of disputes of law and fact. The settlement negotiated and reached by the Parties reflects a reasonable compromise of the disputed issues. The Parties, through their attorneys, voluntarily agreed to the terms of their settlement during negotiations. The Court finds that the provisions of the parties' agreement, the material terms of which were announced on the record at the settlement conference, are fair and reasonable under the Fair Labor Standards Act.The parties shall therefore file their stipulated dismissal within fourteen days. Signed by Magistrate Judge Edwin G. Torres on 11/15/2018. (EGT)
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Filing 29
ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Trial. Judge Kathleen M. Williams no longer assigned as presider/referral judge(s) in case. Signed by Judge Kathleen M. Williams on 11/14/2018. See attached document for full details. (lbc)
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| Filing 28 Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Settlement Conference held on 11/14/2018. CASE SETTLED. (Digital 17:08:53) (Attachments: #1 Proposed Consent Order) (mdc). |
| Filing 27 NOTICE of Attorney Appearance by Rainier Regueiro on behalf of Francis Miguel Guerrero. Attorney Rainier Regueiro added to party Francis Miguel Guerrero(pty:pla). (Regueiro, Rainier) |
| Filing 26 RESPONSE to #19 Statement of Claim by Uneeza Mahmood, T&A Wireless LLC. (Billoo, Yasir) |
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Filing 25
PAPERLESS ORDER granting #23 Motion to Excuse Defendant Uneeza Mahmood from attending settlement conference, for good cause shown and in reliance on the representation that other Defendants have full settlement authority for her. Signed by Magistrate Judge Edwin G. Torres on 11/13/2018. (EGT)
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| Filing 24 RESPONSE to #19 Statement of Claim by Frank Dome, Florida Auto Phone, Inc., Alejandro Montes, Brenda Montes, Jose J. Montes. (Diaz, Ena) |
| Filing 23 Unopposed MOTION to be Excused from Settlement Conference re #12 Notice re Hearing, by Uneeza Mahmood. (Billoo, Yasir) |
| Filing 22 RESPONSE to Motion re #15 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by Francis Miguel Guerrero. Replies due by 11/14/2018. (Horowitz, Max) |
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Filing 21
SCHEDULING ORDER. Jury Trial set for 9/16/2019 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 9/10/2019 11:00 AM before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 10/26/2018. See attached document for full details. (lbc) #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 20
PAPERLESS ORDER granting #10 T&A WIRELESS LLC's and UNEEZA MAHMOOD's Motion for Extension of Time to File a Response/Answer to Plaintiff's Complaint for good cause shown in the unopposed motion. Defendants' response to Plaintiff's complaint filed on October 23, 2018 is deemed timely filed. Docket Order Signed by Magistrate Judge Edwin G. Torres on 10/29/2018. (js02)
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| Filing 19 Statement of: Claim by Francis Miguel Guerrero re #7 Notice of Court Practice, Order Referring Case to Magistrate Judge, 8 Order, (Horowitz, Max) |
| Filing 18 Joint SCHEDULING REPORT - Rule 16.1 by Francis Miguel Guerrero (Horowitz, Max) |
| Filing 17 NOTICE by Frank Dome, Florida Auto Phone, Inc., Alejandro Montes, Brenda Montes, Jose J. Montes of State Court Proceedings (Attachments: #1 Civil Cover Sheet, #2 Complaint, #3 Summons for Alejandro Montes, #4 Summons for Frank Dome, #5 Summons for Brenda Montes, #6 Summons for Jose J. Montes, #7 Summons for Uneeza Mahmood, #8 Summons for T&A Wireless LLC, #9 Summons for Florida Auto Phone, Inc., #10 Summons issued for Alejandro Montes, #11 Summons issued for Frank Dome, #12 Summons issued for Brenda Montes, #13 Summons issued for Jose J. Montes, #14 Summons issued for Uneeza Mahmood, #15 Summons issued for T&A Wireless LLC, #16 Summons issued for Florida Auto Phone, Inc., #17 ROS Alejandro Montes, #18 ROS Florida Auto Phone, Inc., #19 ROS Frank Dome, #20 ROS Brenda Montes, #21 ROS Jose J. Montes, #22 ROS T&A Wireless LLC, #23 ROS T&A Wireless LLC, #24 NOA T&A Wirelss LLC and Uneeza Mahmood, #25 Notice to State Court of Removal, #26 ROS Uneeza Mahmood) (Diaz, Ena) |
| Filing 16 STATUS REPORT OF REMOVAL by Frank Dome, Florida Auto Phone, Inc., Alejandro Montes, Brenda Montes, Jose J. Montes (Diaz, Ena) |
| Filing 15 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Uneeza Mahmood, T&A Wireless LLC. Responses due by 11/6/2018 (Billoo, Yasir) |
| Filing 14 Certificate of Interested Parties/Corporate Disclosure Statement by Frank Dome, Florida Auto Phone, Inc., Alejandro Montes, Brenda Montes, Jose J. Montes (Diaz, Ena) |
| Filing 13 NOTICE of Mediator Selection. Added Francis Miguel Guerrero, Neil Flaxman. (Georges-Pierre, Anthony) |
| Filing 12 NOTICE of Hearing: Settlement Conference set for 11/14/2018 01:30 PM in Miami Division before Magistrate Judge Edwin G. Torres, James Lawrence King Federal Justice Building, 99 NE 4th Street, 10th Floor - Courtroom 5, Miami, FL 33132. ***The attorneys for both parties are advised to instruct their clients that NO CELL PHONES may be brought into the Courthouse by non-attorneys and that they are required to bring PHOTO IDENTIFICATION*** (mdc) |
| Filing 11 Plaintiff's Denial of Defendants' Florida Auto Phone, Inc; Jose J. Montes; Brenda Montes; Alejandro Montes; Frank Dome Answer, Defenses and Affirmative Defenses to Counts I, III-VII, IX and XI-XIII of Plaintiff's Complaint by Francis Miguel Guerrero. (Georges-Pierre, Anthony) |
| Filing 10 MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by Uneeza Mahmood, T&A Wireless LLC. Attorney Yasir Billoo added to party Uneeza Mahmood(pty:dft), Attorney Yasir Billoo added to party T&A Wireless LLC(pty:dft). (Billoo, Yasir) |
| Filing 9 Certificate of Interested Parties by Francis Miguel Guerrero (Georges-Pierre, Anthony) |
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Filing 8
PAPERLESS ORDER. The Parties shall file the information required in the Notice of Court Practice in FLSA Cases #7 on or before October 26, 2018. The September 28, 2018 deadline was entered in error. Signed by Judge Kathleen M. Williams on 10/4/2018. (jws)
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| Filing 7 NOTICE OF COURT PRACTICE IN FLSA CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE AND FAIRNESS DETERMINATION. Signed by Judge Kathleen M. Williams on 10/3/2018. See attached document for full details. (lbc) |
| Filing 6 Notice of Court Practice in Removal Cases. Status Report due by 10/26/2018. Signed by Judge Kathleen M. Williams on 10/3/2018. See attached document for full details. (lbc) |
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Filing 5
ORDER. Joint Scheduling Report due by 10/26/2018. Signed by Judge Kathleen M. Williams on 10/3/2018. See attached document for full details. (lbc)
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Filing 4
PAPERLESS ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, all discovery disputes and non-dispositive pretrial motions are REFERRED to Magistrate Judge Edwin G. Torres. It is further ORDERED that the Parties shall adhere to the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, Judge Williams' Court Practices and Procedures, and Judge Torres' Standing Order Setting Discovery Procedures. Judge Williams' Court Practices and Procedures and Judge Torres' Standing Order Setting Discovery Procedures are available at the Court's website: # http://www.flsd.uscourts.gov/content/judge-kathleen-m-williams. Signed by Judge Kathleen M. Williams on 10/3/2018. (jws)
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| Filing 3 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Frank Dome, Florida Auto Phone, Inc., Alejandro Montes, Brenda Montes, Jose J. Montes. (Diaz, Ena) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. 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 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-11045722, filed by Alejandro Montes, Jose J. Montes, Frank Dome, Florida Auto Phone, Inc., Brenda Montes. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Returns of Service (Florida Auto Phone, Inc. and Alejandro Montes), #3 Exhibit C - Returns of Service (Jose J. Montes, Brenda Montes, and Frank Dome), #4 Exhibit D - Return of Service (T&A Wireless LLC), #5 Exhibit E - Notice to State Court of Removal, #6 Civil Cover Sheet)(Diaz, Ena) |
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