Velasquez Aviles v. Ramon A. Guevara, D.O., P.A. et al
| Elia Velasquez Aviles and Guadalupe Perez |
| Ramon A. Guevara and Ramon A. Guevara, D.O., P.A. |
| 1:2019cv20597 |
| February 14, 2019 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Alicia M Otazo-Reyes |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 5, 2019. A more recent docket listing may be available from PACER.
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Filing 26
SCHEDULING ORDER SETTING CIVIL TRIAL DATE, AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: (Jury Trial set for 5/11/2020 before Judge Darrin P. Gayles., Calendar Call set for 4/29/2020 09:30 AM before Judge Darrin P. Gayles., Status Conference set for 9/25/2019 10:00 AM before Judge Darrin P. Gayles.), ORDER REFERRING CASE to Mediation. (Mediation Deadline 9/13/2019.), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Darrin P. Gayles on 4/5/2019. See attached document for full details. (mc) #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 RESPONSE to #6 Statement, #16 Statement of Claim by Ramon A. Guevara, Ramon A. Guevara, D.O., P.A.. (Marban, Edilberto) |
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Filing 24
PAPERLESS ORDER granting #23 Defendants' Unopposed Motion for Extension of Time to File Response to Plaintiffs' Statement of Claim. Defendants shall respond to #6 and #16 Plaintiffs' statements of claims on or before April 5, 2019. Signed by Judge Darrin P. Gayles (isc)
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| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #6 Statement, #16 Statement by Ramon A. Guevara, Ramon A. Guevara, D.O., P.A.. (Attachments: #1 Text of Proposed Order)(Marban, Edilberto) |
| Filing 22 Joint SCHEDULING REPORT - Rule 16.1 by Guadalupe Perez, Elia Velasquez Aviles (Attachments: #1 Exhibit)(Bober, Peter) |
| Filing 21 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Ramon A. Guevara, Ramon A. Guevara, D.O., P.A. (Marban, Edilberto) |
| Filing 20 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Guadalupe Perez, Elia Velasquez Aviles (Bober, Peter) |
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Filing 19
ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before April 4, 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 on 3/21/2019. See attached document for full details. (isc)
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| Filing 18 Defendants' ANSWER and Affirmative Defenses to Complaint as to Plaintiff Guadalupe Perez by Ramon A. Guevara, Ramon A. Guevara, D.O., P.A.. (Marban, Edilberto) |
| Filing 17 Defendants' ANSWER and Affirmative Defenses to Complaint as to Plaintiff Elia Velasquez Aviles by Ramon A. Guevara, Ramon A. Guevara, D.O., P.A.. (Marban, Edilberto) |
| Filing 16 Statement of: Wages Owed in FLSA Case by Guadalupe Perez re 5 Notice of Court Practice,,,,,,, (Bober, Peter) |
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Filing 15
ORDER SCHEDULING SETTLEMENT CONFERENCE, Settlement Conference set for 4/23/2019 10:00 AM in Miami Division before Magistrate Judge Jacqueline Becerra. Signed by Magistrate Judge Jacqueline Becerra on 3/7/2019. See attached document for full details. (mee)
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Filing 14
PAPERLESS ORDER. The parties are to contact the chambers of Judge Becerra by telephone no later than March 15, 2018 in order to schedule a settlement conference. The parties are to provide chambers with three potential dates where all the parties are available. The settlement conference is to take place before April 26, 2019. Signed by Magistrate Judge Jacqueline Becerra on 3/5/2019. (JB)
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Filing 13
PAPERLESS ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for a Settlement Conference. Signed by Judge Darrin P. Gayles on 3/5/2019. (isc)
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Filing 12
PAPERLESS Order Cancelling Telephonic Status Conference set for March 6, 2019, at 10:00 am before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles on 3/4/2019. (isc)
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Filing 11
ORDER granting #10 Motion to Consolidate Cases. Signed by Judge Darrin P. Gayles on 3/4/2019. See attached document for full details. (ra)
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| Filing 10 MOTION to Transfer re #8 Notice of Pending, Refiled, Related or Similar Actions and then, MOTION to Consolidate Cases ( Responses due by 3/18/2019) by Ramon A. Guevara, Ramon A. Guevara, D.O., P.A.. (Marban, Edilberto) |
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Filing 9
PAPERLESS ORDER Setting Status Conference. Telephonic Status Conference set for Wednesday, March 6, 2019, at 10:00 AM before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 3/4/2019. (isc)
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| Filing 8 Notice of Pending, Refiled, Related or Similar Actions by Ramon A. Guevara, Ramon A. Guevara, D.O., P.A. (Marban, Edilberto) |
| Filing 7 NOTICE of Attorney Appearance by Edilberto O. Marban on behalf of Ramon A. Guevara, Ramon A. Guevara, D.O., P.A.. Attorney Edilberto O. Marban added to party Ramon A. Guevara(pty:dft), Attorney Edilberto O. Marban added to party Ramon A. Guevara, D.O., P.A.(pty:dft). (Marban, Edilberto) |
| Filing 6 Statement of: Wages Owed in FLSA Case by Elia Velasquez Aviles re 5 Notice of Court Practice,,,,,,, (Bober, Peter) |
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Filing 5
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 February 28, 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 claims 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 on 2/14/2019. (isc)
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| Filing 4 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 on 2/14/2019. (isc) |
| Filing 3 Summons Issued as to Ramon A. Guevara, Ramon A. Guevara, D.O., P.A.. (mee) |
| 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. (mee) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11395883, filed by Elia Velasquez Aviles. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Bober, Peter) |
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