PRUNA v. Home Depot U.S.A, Inc. et al
Plaintiff: HERBERT PRUNA, JR.
Defendant: Home Depot U.S.A, Inc. and COMPACT POWER EQUIPMENT, INC.
Case Number: 1:2018cv24434
Filed: October 25, 2018
Court: US District Court for the Southern District of Florida
Presiding Judge: K Michael Moore
Referring Judge: Andrea M Simonton
Nature of Suit: Labor: Fair Standards
Cause of Action: 15:0002
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 14, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2018 Filing 14 Statement of: Claim by HERBERT PRUNA, JR re 5 Pretrial Order,,,,,,,,,,,,,,,,,,,,, (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D", #5 Exhibit "E", #6 Exhibit "F")(Pollock, Brian)
November 29, 2018 Opinion or Order Filing 13 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Unopposed Second Motion for Extension of Time to File the Statement of Claim. #12 . 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 the Motion #12 is GRANTED. Plaintiff shall file a Statement of Claim on or before December 14, 2018. Signed by Chief Judge K. Michael Moore on 11/29/2018. (ah03)
November 29, 2018 Filing 12 Second MOTION for Extension of Time to File Statement of Claim re 5 Pretrial Order,,,,,,,,,,,,,,,,,,,,, 9 Order on Motion for Extension of Time, by HERBERT PRUNA, JR. Responses due by 12/13/2018 (Pollock, Brian)
November 16, 2018 Filing 11 Corporate Disclosure Statement by COMPACT POWER EQUIPMENT, INC., Home Depot U.S.A, Inc. identifying Corporate Parent The Home Depot, Inc. for Home Depot U.S.A, Inc. (Pena, Kelly)
November 16, 2018 Filing 10 Defendants' ANSWER and Affirmative Defenses to Complaint by COMPACT POWER EQUIPMENT, INC., Home Depot U.S.A, Inc.. Attorney Kelly Marie Pena added to party COMPACT POWER EQUIPMENT, INC.(pty:dft), Attorney Kelly Marie Pena added to party Home Depot U.S.A, Inc.(pty:dft). (Pena, Kelly)
November 13, 2018 Opinion or Order Filing 9 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Extension of Time to File the Statement of Claim. #8 . 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 the Motion #8 is GRANTED IN PART and DENIED IN PART. Plaintiff shall file a Statement of Claim on or before November 28, 2018. Signed by Chief Judge K. Michael Moore on 11/13/2018. (ah03)
November 12, 2018 Filing 8 Plaintiff's MOTION for Extension of Time to File Statement of Claim re 6 Order Referring Case to Magistrate Judge,,, by HERBERT PRUNA, JR. Responses due by 11/26/2018 (Pollock, Brian)
October 29, 2018 Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by HERBERT PRUNA, JR. All Defendants. (Attachments: #1 Affidavit of Service on Home Depot U.S.A. Inc.,, #2 Affidavit Compact Power Equipment Inc.)(Pollock, Brian)
October 25, 2018 Opinion or Order 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 10/25/2018. (ah03)
October 25, 2018 Opinion or Order Filing 5 PAPERLESS NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. 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 Andrea M. 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. 8. 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 10/25/2018. (ah03)
October 25, 2018 Filing 4 Summons Issued as to COMPACT POWER EQUIPMENT, INC.. (drz)
October 25, 2018 Filing 3 Summons Issued as to Home Depot U.S.A, Inc.. (drz)
October 25, 2018 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. (drz)
October 25, 2018 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11105503, filed by HERBERT PRUNA, JR. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) on Home Depot, #3 Summon(s) on Compact Power)(Pollock, Brian)

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Plaintiff: HERBERT PRUNA, JR.
Represented By: Brian Howard Pollock
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Defendant: Home Depot U.S.A, Inc.
Represented By: Kelly Marie Pena
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Defendant: COMPACT POWER EQUIPMENT, INC.
Represented By: Kelly Marie Pena
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