Guzman v. Mayor Realty, Inc. et al
| Andres Guzman |
| Sergio Concepcion and Mayor Realty, Inc. |
| 1:2019cv20193 |
| January 14, 2019 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 20 RESPONSE to #7 Statement by Sergio Concepcion, Mayor Realty, Inc.. (Feiler, Michael) |
| Attorney Rivkah Fay Jaff terminated per DE #19 . (jua) |
| Filing 19 NOTICE by Andres Guzman of Disassociation of Attorney Rivkah F. Jaff, Esq. (Jaff, Rivkah) |
| Filing 18 ANSWER and Affirmative Defenses to Complaint by Sergio Concepcion, Mayor Realty, Inc.. Attorney Michael Benjamin Feiler added to party Sergio Concepcion(pty:dft). (Feiler, Michael) |
| Filing 17 NOTICE of Compliance by Andres Guzman re 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,, (Jaff, Rivkah) |
| Filing 16 NOTICE of Hearing by ATTORNEY: Settlement Conference set for 4/10/2019 10:00 AM in Miami Division before Magistrate Judge Jacqueline Becerra. (Jaff, Rivkah) |
| Filing 15 NOTICE of Attorney Appearance by Natalie Ann Staroschak on behalf of Andres Guzman. Attorney Natalie Ann Staroschak added to party Andres Guzman(pty:pla). (Staroschak, Natalie) |
Filing 14
PAPERLESS ORDER. THIS CAUSE comes before the Court upon Defendant Mayor Realty, Inc.'s Motion to Set Aside Clerk's Default. #13 Plaintiff served a Complaint on Defendant Mayor Realty #3 , #8 . A response from Defendant Mayor Realty was due on February 6, 2019. On February 7, 2019, a Clerk's Default was entered in the case against Defendant Mayor Realty #10 . Pursuant to Rule 55(c) of the Federal Rules of Civil Procedure, a court has discretion to set aside an entry of default for "good cause." Robinson v. United States, 734 F.2d 735, 739 (11th Cir. 1984). In evaluating good cause, courts consider whether the default was culpable or willful, the speed with which the defaulting party sought to correct the entry of default, whether setting aside the default will prejudice the adversary, and whether the defaulting party has a meritorious defense. See SEC v. Johnson, 436 Fed. App'x 939, 945 (11th Cir. 2011). Here, Defendant Mayor Realty contacted Plaintiff's Counsel upon receipt of the Complaint to notify counsel that Defendant did not meet the gross revenue threshold required under the Fair Labor Standards Act. Plaintiff's counsel requested proof and Defendant provided their tax returns. [13-1]. While Defendant was awaiting a response, Plaintiff filed, without notice to Defendant, a Motion for Entry of Default, which was granted. #13 at 1. UPON CONSIDERATION of the Motion #13 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion to Set Aside Clerk's Default as to Defendant Mayor Realty #13 is GRANTED. The Clerk of Court is instructed to VACATE the entry of default against Defendant Mayor Realty. It is further ORDERED AND ADJUDGED that Defendant Mayor Realty shall respond to the Complaint on or before February 26, 2019. Signed by Chief Judge K. Michael Moore on 2/12/2019. (jm01)
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| Filing 13 Defendant's MOTION to Vacate #10 Clerks Entry/Non-Entry of Default by Mayor Realty, Inc.. Attorney Michael Benjamin Feiler added to party Mayor Realty, Inc.(pty:dft). Responses due by 2/26/2019 (Attachments: #1 Exhibit email and returns)(Feiler, Michael) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Andres Guzman. Sergio Concepcion served on 2/5/2019, answer due 2/26/2019. (Zidell, Jamie) |
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Filing 11
PAPERLESS NOTICE OF COURT PRACTICE UPON ENTRY OF DEFAULT. THIS CAUSE came before the Court upon the Clerk of Court's Entry of Default against Defendant Mayor Realty, Inc. #10 . Plaintiff is instructed to file a Motion for Default Judgment pursuant to Fed. R. Civ. P. 55(b) within twenty (20) days of the date of this Notice, or this case will be dismissed and the Court will be divested of jurisdiction to enforce any judgment against Defendant Mayor Realty, Inc. Plaintiff's Motion should specify which Counts from the Complaint are asserted against the defaulting Defendant, and include affidavits detailing corresponding damages. Damages may be awarded only if the record adequately reflects the basis for award via "... a demonstration by detailed affidavits establishing the necessary facts." Adolph Coors Co. v. Movement against Racism & Klan, 777 F.2d 1538, 1544 (11th Cir. 1985) (citing United Artists Corp. v. Freeman, 605 F.2d 854, 857 (5th Cir. 1979)); see also SEC v. Smyth, 420 F.3d 1225, 1231-32 (11th Cir. 2005). Plaintiff must also submit appropriate proposed orders so as to conform its submission to the Local Rules. Signed by Chief Judge K. Michael Moore on 2/7/2019. (osk)
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| Filing 10 VACATED per DE# 14 , Clerks Entry of Default as to Mayor Realty, Inc.. Signed by DEPUTY CLERK on 2/7/2019. (jas) Modified text on 2/12/2019 (jas). |
| Filing 9 Plaintiff's MOTION for Clerks Entry of Default as to Mayor Realty, Inc. by Andres Guzman. (Jaff, Rivkah) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by Andres Guzman. Mayor Realty, Inc. served on 1/16/2019, answer due 2/6/2019. (Zidell, Jamie) |
| Filing 7 Statement of: Claim by Andres Guzman re 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,, (Jaff, Rivkah) |
| Filing 6 NOTICE of Attorney Appearance by Rivkah Fay Jaff on behalf of Andres Guzman. Attorney Rivkah Fay Jaff added to party Andres Guzman(pty:pla). (Jaff, Rivkah) |
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. 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 Jacqueline Becerra 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 Jacqueline Becerras discovery procedures. Signed by Chief Judge K. Michael Moore on 1/14/2019. (osk)
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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 Jacqueline Becerra 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 Becerra 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 Becerra. Absent an extension from Magistrate Judge Becerra, 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 1/14/2019. (osk)
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| Filing 3 Summons Issued as to Sergio Concepcion, Mayor Realty, Inc.. (Attachments: #1 Summon(s))(ebz) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (ebz) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11310485, filed by Andres Guzman. (Attachments: #1 Summon(s), #2 Civil Cover Sheet)(Zidell, Jamie) |
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