Petit v. City of Miami Beach
| Pierre M Petit |
| City of Miami Beach |
| 1:2019cv20503 |
| February 7, 2019 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Labor: Fair Standards |
| 15 U.S.C. ยง 0002 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 18, 2019. A more recent docket listing may be available from PACER.
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Filing 11
PAPERLESS ORDER DISMISSING CASE pursuant to #10 Stipulation of Dismissal. This action shall be administratively closed and all pending motions are denied as moot. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 10 STIPULATION of Dismissal with Prejudice by Pierre M Petit (Attachments: #1 Text of Proposed Order)(Saavedra, Nathaly) |
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Filing 9
ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before March 21, 2019, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles See attached document for full details. (lfn)
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| Filing 8 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM , or in the Alternative, for Summary Judgment and Accompanying Memorandum of Law by City of Miami Beach. Responses due by 3/14/2019 (Attachments: #1 Exhibit 1 (Michael Smith Declaration), #2 Exhibit A - I2017-019 Final Report, #3 Exhibit B - Pierre Petit - Relieved of Duty 8.5.2016, #4 Exhibit C - Pierre Petit Final Action, #5 Exhibit D - 12-30-08 FML application, #6 Exhibit E - 7-25-12 to 1-24-13 FML approval with leave donations, #7 Exhibit F - Pierre Petit Leave Report (All Leave Paid), #8 Exhibit G - Petit Pierre Evaluation Scores and Merit Raises 2004-2016 (with CBA thresholds), #9 Exhibit 2 - EEOC Charge)(Rosenwald, Robert) |
| Filing 7 Statement of: Claim by Pierre M Petit (Serrano, Carlos) |
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Filing 6
PAPERLESS ORDER granting #5 Defendant City of Miami Beach's Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant shall file its response on or before March 1, 2019. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 5 MOTION for Extension of Time to File Response/Reply/Answer by City of Miami Beach. (Attachments: #1 Text of Proposed Order Proposed Order)(Rosenwald, Robert) |
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Filing 4
NOTICE OF COURT PRACTICE. The Complaint in this action is filed under the Fair Labor Standards Act, 29 U.S.C. 201 et seq. ("FLSA"). In order to assist the Court in the management of this case, and in an effort to foster early and cost-effective resolution, the parties are ORDERED to comply with the following procedures: Under Rule 8 of the Federal Rules of Civil Procedure, a plaintiff is required to state a "short and plain statement of the claim." While this Rule places only a light burden on a plaintiff, the Court requires complaints filed under the FLSA to include, at a minimum, a statement setting forth the following with respect to each Plaintiff: (a) An initial estimate of the total amount of alleged unpaid wages; (b) A preliminary calculation of such wages; (c) The approximate period during which the alleged FLSA violations occurred; and (d) The nature of the wages (e.g., overtime or straight time). Plaintiff is directed to file a "Statement of Claim" by March 1, 2019. Plaintiff shall promptly serve a copy of this Order, the Statement of Claim, and copies of all supporting documents (including time sheets, pay stubs, etc.) upon counsel for Defendant once an appearance has been made or at the time the Statement of Claim is filed (if defense counsel has already appeared). Defendant shall then file a "Response to Plaintiff's Statement of Claim" setting forth in detail any defenses to Plaintiff's claim(s) and serve copies of all supporting documents within twenty (20) days of being served with Plaintiff's Statement of Claim. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the dismissal of this action or entry of default. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 3 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (lfn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-11377145, filed by City of Miami Beach. No Motion to Dismiss and/or Answer have been attached. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B)(Rosenwald, Robert) Modified on 2/8/2019 (ebz). |
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| Defendant: City of Miami Beach | |
| Represented By: | Robert F. Rosenwald, Jr. |
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| Plaintiff: Pierre M Petit | |
| Represented By: | Nathaly Saavedra |
| Represented By: | Peter Michael Hoogerwoerd |
| Represented By: | Carlos D. Serrano |
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