Ricci v. Exchange Miami, LLC et al
| Eleonora Ricci, Sylver Gunn, Mary Pelino, Pricilla Verona, Marianna Branda, Jenny Plath, Rynise Allen, Pierre Page, Nicole Monteiro, Carlen Jones, Jocelyne Morales, Alexander Onaga, Audrey Prophete, Jasmin Solano and Victoria Tan Lay |
| Anthony Dobbs, Exchange Miami, LLC and Shaki Dobbs |
| 1:2018cv24146 |
| October 8, 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 December 6, 2018. A more recent docket listing may be available from PACER.
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Filing 32
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion for Leave to File Second Amended Complaint #28 . Defendants did not file a response in opposition and the time to do so has passed. Federal Rule of Civil Procedure 15(a)(2) permits a party to amend its pleadings by leave of court or by written consent of the adverse party. The decision to grant or deny a motion to amend pleadings is within the sound discretion of the trial court. Dussouy v. Gulf Coast Inv. Corp., 660 F.2d 594, 598 (5th Cir. 1981). The policy of the federal rules is to permit liberal amendment to facilitate determination of claims on the merits and to prevent litigation from becoming a technical exercise in the fine points of pleading. Id. Thus, unless there is a substantial reason to deny leave to amend, the discretion of the district court is not broad enough to permit denial. Id. A substantial reason could include "undue delay, bad faith or dilatory motive, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party, and futility of the amendment." Grayson v. Kmart Corp., 79 F.3d 1086, 1110 (11th Cir. 1996). Here, Defendants have not consented to Plaintiffs' filing an amended complaint, however the Court does not find a substantial reason to deny Plaintiffs' motion for leave to amend. Accordingly, upon consideration of the motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiffs' Motion for Leave to File Second Amended Complaint #28 is GRANTED. Plaintiffs are instructed to file the Second Amended Complaint on the docket on or before December 10, 2018. Signed by Chief Judge K. Michael Moore on 12/6/2018. (ah03)
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| Filing 31 Statement of: in Response to Plaintiffs' Statement of Damages by Shaki Dobbs, Exchange Miami, LLC re 5 Pretrial Order,,,,,,,,,,,,,,,,,,,,,, #12 Statement (Attachments: #1 Affidavit "A", #2 Affidavit "B", #3 Affidavit "C", #4 Affidavit "D", #5 Affidavit "E", #6 Affidavit "F", #7 Affidavit "G", #8 Affidavit "H", #9 Affidavit "I", #10 Affidavit "J", #11 Affidavit "K", #12 Affidavit "L", #13 Affidavit "M", #14 Affidavit "N", #15 Affidavit "O", #16 Affidavit "P", #17 Affidavit "Q", #18 Affidavit "R", #19 Affidavit "S", #20 Affidavit "T")(Pollock, Brian) |
| Filing 30 NOTICE of Compliance and Availability by Shaki Dobbs, Exchange Miami, LLC re 29 Order on Motion for Extension of Time to Mediate,, (Pollock, Brian) |
| Filing 29 PAPERLESS ORDER Granting #25 Agreed Motion for Enlargement of Time to Conduct Settlement Conference. The parties are directed to confer regarding their availability and file a file a Notice of Availability for Settlement Conference which shall include three dates in the month of December and three dates in the month of January on which all parties are available to attend the settlement conference. Prior to filing the Notice, counsel for the parties shall confer in person or by telephone in an attempt to resolve the case without the need for a formal settlement conference. Signed by Ch. Magistrate Judge Andrea M. Simonton on 11/21/2018. (cmh) |
| Filing 28 Plaintiff's MOTION for Leave to File Second Amended Complaint by Rynise Allen, Marianna Branda, Carlen Jones, Nicole Monteiro, Alexander Onaga, Mary Pelino, Jenny Plath, Audrey Prophete, Eleonora Ricci, Pricilla Verona. (Attachments: #1 Appendix Proposed Second Amended Complaint, #2 Text of Proposed Order Granting Plaintiffs' Second Motion for Leave to File Second Amended Complaint)(Gonzalez, Juliana) |
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Filing 27
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Second Amended Complaint #24 and Notice of Voluntary Dismissal Without Prejudice Count II of the Second Amended Complaint #26 . Pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend its pleading "once as a matter of course within: (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier." "In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave." On November 5, 2018 the Court granted Plaintiffs request to "file a motion for leave to amend within fourteen (14) days of this Order." 21 . On November 19, 2018, instead of filing a motion, Plaintiffs filed a Second Amended Complaint, more than 21 days after Defendants filed their Motion to Dismiss on October 15, 2018. Plaintiffs did not obtain the Court's permission or indicate that they obtained consent from the opposing Parties before filing the Second Amended Complaint. Accordingly, UPON CONSIDERATION of the Second Amended Complaint, the Notice of Voluntary Dismissal of Count II, the pertinent portions of the record, and being otherwise fully advised in the premises, is it hereby ORDERED AND ADJUDGED that the Clerk of the Court is instructed to STRIKE Plaintiffs' Second Amended Complaint #24 and Notice of Voluntary Dismissal of Count II #26 . Plaintiffs may amend their pleading at this time "with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Signed by Chief Judge K. Michael Moore on 11/21/2018. (ah03)
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| Filing 26 NOTICE of Voluntary Dismissal of Count II of 2nd Amended Complaint by Rynise Allen, Marianna Branda, Carlen Jones, Nicole Monteiro, Alexander Onaga, Mary Pelino, Jenny Plath, Audrey Prophete, Eleonora Ricci, Pricilla Verona (Gonzalez, Juliana) |
| Filing 25 Agreed MOTION for Extension of Time to Mediate (to Conduct Settlement Conference) by Shaki Dobbs, Exchange Miami, LLC. (Pollock, Brian) |
| Filing 24 Second AMENDED COMPLAINT against Anthony Dobbs, Shaki Dobbs, Exchange Miami, LLC filed in response to Order Granting Motion for Leave, filed by Nicole Monteiro, Mary Pelino, Eleonora Ricci, Rynise Allen, Jenny Plath, Alexander Onaga, Carlen Jones, Audrey Prophete, Marianna Branda, Pricilla Verona.(Gonzalez, Juliana) |
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Filing 23
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for Extension of Time to Respond to the Statement of Claim. #22 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendants' Unopposed Motion for Extension of Time to Respond to the Statement of Claim #22 is GRANTED. Defendants shall respond to the Statement of Claim on or before November 26, 2018. Signed by Chief Judge K. Michael Moore on 11/14/2018. (ah03)
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| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Statement of Claim by Shaki Dobbs, Exchange Miami, LLC. (Attachments: #1 Text of Proposed Order)(Pollock, Brian) |
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Filing 21
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Motion to Dismiss #8 and Plaintiffs Eleonora Ricci, Carlen Jones, Pricilla Verona, Alexander Onaga, Audrey Prophete, Mary Pelino, Nicole Monteiro, Rynise Allen, Jenny Plath, and Marianna Branda's Response. #17 . Defendants moved to dismiss the Complaint arguing that Plaintiffs had not filed a notice of consent to join the suit and that Count II of the Complaint should be dismissed for failure to state a claim. #8 . In their Response, Plaintiffs argue that the Motion to Dismiss is now moot because on November 2, 2018, Plaintiffs Eleonora Ricci, Carlen Jones, Pricilla Verona, Alexander Onaga, Audrey Prophete, Mary Pelino, Nicole Monteiro, Rynise Allen, Jenny Plath, and Marianna Branda filed Notices of consent to join #14 , and Plaintiffs Jocelyne Morales, Sylver Gunn, Jasmin Solano, Pierre Page, and Victoria Tan Lay, who did not file notices of consent to join, filed a Notice of Voluntary Dismissal #15 . See #17 at 12. In their Response, Plaintiffs also request an additional thirty (30) days to file a motion for leave to amend their Complaint. Because Plaintiffs filed Notices of consent to join #14 and voluntarily dismissed Count II of the Complaint #16 , the requests made by Defendants in its Motion to Dismiss are now moot. Accordingly, UPON CONSIDERATION of the Motions, the pertinent portions of the record, and being otherwise fully advised in the premises, Defendants' Motion to Dismiss #8 is DENIED AS MOOT. It is further ORDERED AND ADJUDGED that Plaintiffs' request for an extension of time to move for leave to amend is GRANTED IN PART AND DENIED IN PART. Plaintiffs shall file a motion for leave to amend within fourteen (14) days of this Order. Signed by Chief Judge K. Michael Moore on 11/5/2018. (ah03)
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Filing 20
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs Eleonora Ricci, Carlen Jones, Pricilla Verona, Alexander Onaga, Audrey Prophete, Mary Pelino, Nicole Monteiro, Rynise Allen, Jenny Plath, and Marianna Branda's Notice of Voluntary Dismissal Without Prejudice Count II of the Complaint. #16 . UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Count II of the Complaint is hereby DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge K. Michael Moore on 11/5/2018. (ah03)
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Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs Jocelyne Morales, Sylver Gunn, Jasmin Solano, Pierre Page, and Victoria Tan Lay's Notice of Voluntary Dismissal without Prejudice. #15 . Rule 41(a)(1) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim without prejudice prior to a defendant's filing of an answer or a motion for summary judgment. Here, neither an answer nor motion for summary judgment has been filed. UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Plaintiffs Jocelyne Morales, Sylver Gunn, Jasmin Solano, Pierre Page, and Victoria Tan Lay's claims against Defendants are DISMISSED WITHOUT PREJUDICE. The Clerk of the Court is instructed to TERMINATE Jocelyne Morales, Sylver Gunn, Jasmin Solano, Pierre Page, and Victoria Tan Lay from the action. Signed by Chief Judge K. Michael Moore on 11/5/2018. (ah03)
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| Filing 18 Clerks Notice to Filer re #14 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The correct event is Notice of Consent to Join. It is not necessary to refile this document. (ls) |
| Clerks Notice of Docket Correction . Docket Entry Restricted Due to Error; See D.E. 19 . (ah03) Modified Text on 11/5/2018 (ra). |
| Filing 17 RESPONSE to Motion re #8 Defendant's MOTION TO DISMISS #7 Notice (Other) FOR FAILURE TO STATE A CLAIM filed by Rynise Allen, Marianna Branda, Jones Carlen, Sylver Gunn, Nicole Monteiro, Jocelyne Morales, Alexander Onaga, Pierre Page, Mary Pelino, Jenny Plath, Audrey Prophete, Eleonora Ricci, Jasmin Solano, Victoria Tan Lay, Pricilla Verona. Replies due by 11/9/2018. (Gonzalez, Juliana) |
| Filing 16 NOTICE of Voluntary Dismissal as to Count II Only by Eleonora Ricci, Jones Carlen, Pricilla Verona, Alexander Onaga, Audrey Prophete, Mary Pelino, Nicole Monteiro, Rynise Allen, Jenny Plath, Marianna Branda. Attorney Juliana Gonzalez added to party Jones Carlen(pty:pla), Attorney Juliana Gonzalez added to party Pricilla Verona(pty:pla), Attorney Juliana Gonzalez added to party Alexander Onaga(pty:pla), Attorney Juliana Gonzalez added to party Audrey Prophete(pty:pla), Attorney Juliana Gonzalez added to party Mary Pelino(pty:pla), Attorney Juliana Gonzalez added to party Nicole Monteiro(pty:pla), Attorney Juliana Gonzalez added to party Rynise Allen(pty:pla), Attorney Juliana Gonzalez added to party Jenny Plath(pty:pla), Attorney Juliana Gonzalez added to party Marianna Branda(pty:pla). (Gonzalez, Juliana) |
| Filing 15 NOTICE of Voluntary Dismissal by Jocelyne Morales, Sylver Gunn, Jasmin Solano, Pierre Page, Victoria Tan Lay. Attorney Juliana Gonzalez added to party Jocelyne Morales(pty:pla), Attorney Juliana Gonzalez added to party Sylver Gunn(pty:pla), Attorney Juliana Gonzalez added to party Jasmin Solano(pty:pla), Attorney Juliana Gonzalez added to party Pierre Page(pty:pla), Attorney Juliana Gonzalez added to party Victoria Tan Lay(pty:pla). (Gonzalez, Juliana) |
| Filing 14 NOTICE by Eleonora Ricci of Filing Consents to Join (Gonzalez, Juliana) |
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Filing 13
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss. #11 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss #11 is GRANTED. Plaintiffs shall respond to the Motion to Dismiss #8 on or before November 2, 2018. Signed by Chief Judge K. Michael Moore on 10/30/2018. (ah03)
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| Reset Deadlines Per DE#13. Responses due by 11/2/2018 (cqs) |
| Filing 12 Statement of: Damages by Eleonora Ricci re 5 Pretrial Order,,,,,,,,,,,,,,,,,,,,,, (Gonzalez, Juliana) |
| Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #8 Defendant's MOTION TO DISMISS #7 Notice (Other) FOR FAILURE TO STATE A CLAIM by Eleonora Ricci. (Attachments: #1 Text of Proposed Order Granting Plaintiffs' Motion for Extension of Time)(Gonzalez, Juliana) |
| Filing 10 Clerks Notice to Filer re: Civil Cover Sheet. 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. (ls) |
| Filing 9 NOTICE by Shaki Dobbs, Exchange Miami, LLC re 3 Clerks Notice to Filer re: Electronic Case of Filing Civil Coversheet (Attachments: #1 Civil Cover Sheet) (Pollock, Brian) |
| Filing 8 Defendant's MOTION TO DISMISS #7 Notice (Other) FOR FAILURE TO STATE A CLAIM by Shaki Dobbs, Exchange Miami, LLC. Responses due by 10/29/2018 (Pollock, Brian) |
| Filing 7 NOTICE by Shaki Dobbs, Exchange Miami, LLC re #1 Notice of Removal (State Court Complaint), of Filing (State Court) Amended Complaint (Attachments: #1 Supplement Amended Complaint) (Pollock, Brian) |
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Filing 6
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO CHIEF 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 10/9/2018. (jm01)
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Filing 5
PAPERLESS NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. 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. This is a Fair Labor Standards Act case in which Plaintiff seeks unpaid wages. In order to assist the Court in the management of the case, and in an effort to foster its early and cost effective resolution, the Parties are hereby ordered that: 1. Plaintiff shall file a Statement of Claim (the Statement) setting forth the amount of alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g., overtime or regular) within twenty (20) days from the date of this Notice. Plaintiff shall promptly serve a copy of this Notice, the Statement, and copies of all documents supporting Plaintiff's claims (e.g., time sheets, pay stubs, etc.), on Defendant's counsel when counsel for Defendant first appears in the case or at the time of filing if Defendant's counsel has already appeared. The Statement shall include all attorneys fees and costs incurred to date. With respect to attorney's fees, provide the hourly rate sought and the number of hours expended by each person billing time. 2. Defendant shall file a Response within fifteen (15) days of receiving service of Plaintiff's statement. This Response shall set forth in detail Defendants defenses to Plaintiff's claims. Defendant shall serve copies of all documents in support thereof on Plaintiff. 3. Referral to Magistrate for Settlement Conference. Pursuant to Rule 1 of the Magistrate Rules of the Southern District of Florida, the Parties shall conduct a Settlement Conference before Magistrate Judge Andrea M. Simonton within twenty (20) days after the date that Defendant's Response is due. Plaintiff's counsel must confer with defense counsel and contact the Chambers of Magistrate Judge Simonton on, or before, the date that Defendant's Response is due to schedule a date for the Settlement Conference. The Settlement Conference date may not be extended without prior approval from Magistrate Judge Simonton. Absent an extension from Magistrate Judge Simonton, the Parties shall complete their Settlement Conference within fifty-five (55) days of this Notice. If the Parties reach an agreement during the Settlement Conference the Parties shall file the agreement with the undersigned within five (5) days of the Settlement Conference. If the Parties wish to file the settlement agreement as a sealed document, they must file a Motion to Seal that provides compelling reasons for the Court to allow them to do so. See Brown v. Advantage Eng'g, Inc., 960 F.2d 1013, 1016 (11th Cir. 1992) ("If a settlement agreement is filed with the court for approval or interpretation, then the parties must demonstrate extraordinary circumstances in order to deny the public access to the agreement."); see also Hanson v. Wells Fargo Bank, N.A., No. 08-80182-CIV, 2009 WL 1490582, at *1 (S.D. Fla. May 26, 2009) ("'[A] business's general interest in keeping its legal proceedings private does not overcome the presumption of openness' in FLSA cases.") (citing Stalnaker v. Novar Corp., 293 F. Supp. 2d 1260, 1264 (M.D. Ala. 2003)). The undersigned will review the agreement and determine whether it is a fair and reasonable resolution of a bona fide dispute over FLSA issues. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982). If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. If no settlement is reached, the Parties shall file a Joint Scheduling Report within fourteen (14) days after the Settlement Conference. 4. Except as provided under Local Rule 16.2.E for public-sector entities, the appearance of counsel and each party, or representatives of each party with full authority to enter into a full and complete compromise and settlement, is mandatory. Appearance shall be in person; telephonic appearance is prohibited. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the settlement conference shall be confidential and privileged. Nothing disclosed in the settlement conference can be used for any purpose except settlement. 6. Settlement. If this case is settled, counsel must inform the Court within three (3) days by calling Chambers. 7. 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. Non-compliance with Order. Non-compliance with any provision of this Order, the Federal Rules of Civil Procedure, and/or the Local Rules of Court, may subject the offending party to sanctions or dismissal. It is the duty of all counsel to take all actions necessary to comply with this Order to ensure an expeditious resolution of this matter. Signed by Chief Judge K. Michael Moore on 10/9/2018. (jm01)
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| Filing 4 Clerks Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Origin when filing. The correction was made. It is not necessary to re-file this document. (ls) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (ls) |
| 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. (ls) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - COMPLAINT) Filing fee $ 400.00 receipt number 113C-11056636, filed by SHAKI DOBBS, EXCHANGE MIAMI, LLC. (Attachments: #1 Exhibit "A")(Pollock, Brian) Modified on 10/9/2018 (ls). (No Answer nor Motion to Dismiss Filed) |
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