Cordero v. El Eden, Corp et al
| Maria Ester Cordero |
| Marisol Ferrer and El Eden, Corp |
| 1:2018cv24990 |
| November 29, 2018 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Andrea M Simonton |
| Labor: Fair Standards |
| 15 U.S.C. ยง 0002 |
| Plaintiff |
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Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Strike Defendant El Eden, Corp.'s Answer and for Clerk's Entry of Default #11 . A corporation cannot appear in federal court pro se and must be represented by counsel. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385-86 (11th Cir. 1985); Rowland v. California Men's Colony, Unit II Mens Advisory Council, 506 U.S. 194, 201-02 (1993) (It has been the law for the better part of two centuries... that a corporation may appear in the federal courts only through licensed counsel.). El Eden, Corp.'s failure to retain counsel of record may result in El Eden being defaulted in this case. See Compania Interamericana Export-Import, S.A., v. Compania Dominicana de Aviacion, 88 F.3d 948, 951-52 (11th Cir.1996) (upholding a district courts decision to default a corporation for failure to obtain counsel); Kaplun v. Lipton, No. 0620327CIV, 2007 WL 707383, *3 (S.D. Fla. Mar. 5, 2007) (entering default judgment against a corporate defendant for failure to obtain counsel per court order). Accordingly, it is hereby ORDERED AND ADJUDGED that El Eden, Corp. shall retain counsel on or before February 8, 2019. It is further ORDERED that failure to do so may result in the Court granting Plaintiff's Motion to Strike and instructing the Clerk to enter default against El Eden, Corp. Signed by Chief Judge K. Michael Moore on 1/25/2019. (ah03)
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| Filing 11 Plaintiff's MOTION for Clerks Entry of Default as to El Eden, Corp, Plaintiff's MOTION to Strike #6 Answer to Complaint ( Responses due by 2/7/2019) by Maria Ester Cordero. (Hernandez, Henry) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Maria Ester Cordero. Marisol Ferrer served on 12/14/2018, answer due 1/4/2019. (Hernandez, Henry) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Maria Ester Cordero. El Eden, Corp served on 12/14/2018, answer due 1/4/2019. (Hernandez, Henry) |
| Filing 8 Statement of: Statement of Claim by Maria Ester Cordero (Hernandez, Henry) |
| Filing 7 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) 2019-3 to Magistrate Judge Jacqueline Becerra. Magistrate Judge Andrea M. Simonton no longer assigned to case. (yar) |
| Filing 6 ANSWER to Complaint by Maria Ester Cordero, El Eden, Corp. (jas) |
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Filing 5
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 11/29/2018. (ah03)
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Filing 4
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 11/29/2018. (ah03)
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| Filing 3 Summons Issued as to El Eden, Corp, Marisol Ferrer. (Attachments: #1 Summon(s))(lk) |
| 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. (lk) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11199531, filed by Maria Ester Cordero. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) El Eden, Corp., #3 Summon(s) Marisol Ferrer)(Hernandez, Henry) |
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