Cabrera v. Progressive Behavioral Science, Inc. et al
| Vanessa Cabrera and Kelly Negron |
| MARIA ARIZMENDI and PROGRESSIVE BEHAVIORAL SCIENCE, INC. |
| 1:2019cv20172 |
| January 11, 2019 |
| US District Court for the Southern District of Florida |
| Robert N Scola |
| Edwin G Torres |
| Labor: Fair Standards |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on July 16, 2019. A more recent docket listing may be available from PACER.
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Filing 26
Scheduling Order And Order Of Referral To Mediation. SCHEDULING ORDER: ( Jury Trial set for 2/18/2020 before Judge Robert N. Scola Jr.., Calendar Call set for 2/11/2020 09:00 AM in Miami Division before Judge Robert N. Scola Jr..), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 9/2/2019.) Signed by Judge Robert N. Scola, Jr on 3/11/2019. See attached document for full details. (amb) #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 25 Defendant's RESPONSE to #20 Statement of Claim of Plaintiff Kelly Negron by MARIA ARIZMENDI, PROGRESSIVE BEHAVIORAL SCIENCE, INC.. (Attachments: #1 Affidavit of Maria Arizmendi with Invoices Plaintiffs Submitted, attached as Exhibits 1 and 2)(Kleppin, Chris) |
| Filing 24 NOTICE of Compliance by Vanessa Cabrera, Kelly Negron re 21 Order,, (Shulman, Brody) |
| Filing 23 Joint SCHEDULING REPORT - Rule 16.1 by Vanessa Cabrera, Kelly Negron (Shulman, Brody) |
| Filing 22 Defendant's MOTION TO DISMISS #13 Amended Complaint FOR FAILURE TO STATE A CLAIM , Alternatively, Defendant's MOTION for More Definite Statement by MARIA ARIZMENDI, PROGRESSIVE BEHAVIORAL SCIENCE, INC.. Responses due by 3/18/2019 (Attachments: #1 Affidavit of Maria Arizmendi with Invoices Plaintiffs Submitted, attached as Exhibits 1 and 2)(Kleppin, Chris) |
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Filing 21
PAPERLESS ORDER: The parties' Joint Scheduling Report #18 requests that the Court assign their case to a standard track. In the Court's #6 Order Requiring a Discovery and Scheduling Conference, the Court states that it sets FLSA cases on an expedited track. If the parties believe their case will take more time, the parties "must set out the reasons justifying a more protracted schedule." The parties have failed to do so. Accordingly, the parties must comply with the Court's Order by March 8, 2019. The parties may either state why they believe this case is appropriate for the standard track, or consent to the expedited track. Signed by Judge Robert N. Scola, Jr. on 3/4/2019. (jaa)
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| Filing 20 Statement of: OF CLAIM by Kelly Negron (Shulman, Brody) |
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Filing 19
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 2/25/2019. See attached document for full details. (mdc)
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| Filing 18 Joint SCHEDULING REPORT - Rule 26(f) by MARIA ARIZMENDI, PROGRESSIVE BEHAVIORAL SCIENCE, INC. (Kleppin, Chris) |
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Filing 17
PAPERLESS ORDER granting #16 Motion for Extension of Time to File Response/Answer to #13 Amended Complaint, for good cause shown in the unopposed motion:Defendants' Response/Answer now due 3/4/2019. Signed by Magistrate Judge Edwin G. Torres on 2/20/2019. (EGT)
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| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's First Amended Complaint by MARIA ARIZMENDI, PROGRESSIVE BEHAVIORAL SCIENCE, INC.. (Kleppin, Chris) |
| Filing 15 Defendant's RESPONSE to #11 Statement of Claim by MARIA ARIZMENDI, PROGRESSIVE BEHAVIORAL SCIENCE, INC.. (Attachments: #1 Affidavit of Maria Arizmendi, #2 Invoices Plaintiff Provided to Corporate Defendant)(Kleppin, Chris) |
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Filing 14
PAPERLESS ORDER: The Court denies as moot #9 the Defendants' motion to dismiss. The Plaintiffs' #13 amended pleading moots the motion to dismiss the prior pleading. See Taylor v. Alabama, 275 F. Appx 836, 838 (11th Cir. 2008) (noting that when the plaintiffs amended their complaint the defendants' motion to dismiss became moot). Signed by Judge Robert N. Scola, Jr. on 2/12/2019. (vgn)
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| Filing 13 First AMENDED COMPLAINT against All Defendants, filed by Vanessa Cabrera, Kelly Negron.(Shulman, Brody) |
| Filing 12 NOTICE of Compliance by Vanessa Cabrera re #6 Order,, Order Referring Case to Magistrate Judge, (Shulman, Brody) |
| Filing 11 Statement of: OF CLAIM by Vanessa Cabrera re #6 Order,, Order Referring Case to Magistrate Judge, (Shulman, Brody) |
| Filing 10 NOTICE by MARIA ARIZMENDI, PROGRESSIVE BEHAVIORAL SCIENCE, INC. re #9 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint) FOR FAILURE TO STATE A CLAIM Defendant's Motion to Dismiss Case as Frivolous #1 Notice of Removal (State Court Complaint) (Attachments: #1 Invoices Plaintiff Submitted to Progressive for Services Provided Through Google Pay Showing She Never Provided Services for More than 35.5 Hours in Any One Workweek) (Kleppin, Chris) |
| Filing 9 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint) FOR FAILURE TO STATE A CLAIM , Defendant's Motion to Dismiss Case as Frivolous #1 Notice of Removal (State Court Complaint) by MARIA ARIZMENDI, PROGRESSIVE BEHAVIORAL SCIENCE, INC.. Responses due by 2/14/2019 (Attachments: #1 Affidavit of Maria Arizmendi)(Kleppin, Chris) |
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Filing 8
PAPERLESS ORDER: Federal Rule of Civil Procedure 81(c) provides the timelines for responding to a complaint once it has been removed to federal court. Based on the information on the record so far, it appears that the Defendant's response deadline was January 18, 2019. The Defendant has not yet filed a response to the complaint. Despite this, the parties have filed a #7 joint scheduling report. The Court's #6 initial order states that the parties must engage in a discovery and scheduling conference within 14 days of the Defendant's response and then file a joint scheduling report within 7 days of that conference. Accordingly, the parties' recently filed #7 scheduling report is premature. The Court orders the Defendant to file a response on or before January 31, 2019. The parties shall file a renewed scheduling report in compliance with the Court's #6 initial order thereafter. Signed by Judge Robert N. Scola, Jr. on 1/25/2019. (vgn)
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| Filing 7 Joint SCHEDULING REPORT - Rule 26(f) by Vanessa Cabrera (Shulman, Brody) |
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Filing 6
ORDER Requiring Discovery And Scheduling Conference, Order Requiring Statement Of Claim And Response In FLSA Case, And Order Referring Non-Dispositive PretrialAnd Discovery Matters To The Magistrate Judge. Signed by Judge Robert N. Scola, Jr on 1/15/2019. See attached document for full details. (kpe)
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| Filing 5 NOTICE by MARIA ARIZMENDI, PROGRESSIVE BEHAVIORAL SCIENCE, INC. Civil Cover Sheet (Kleppin, Chris) |
| Filing 4 NOTICE of Attorney Appearance by Brody Max Shulman on behalf of Vanessa Cabrera. Attorney Brody Max Shulman added to party Vanessa Cabrera(pty:pla). (Shulman, Brody) |
| 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. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. 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. (kpe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-11307037, filed by MARIA ARIZMENDI, PROGRESSIVE BEHAVIORAL SCIENCE, INC.. (Attachments: #1 Exhibit)(Kleppin, Chris) |
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