ARGUELLES v. C.F. ALARM INDUSTRY, INC.
Plaintiff: YITSY ARGUELLES
Defendant: C.F. ALARM INDUSTRY, INC.
Case Number: 1:2019cv21068
Filed: March 20, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Nature of Suit: Labor: Other
Cause of Action: 05 U.S.C. ยง 0704
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 8, 2019 Opinion or Order Filing 16 PAPERLESS ORDER denying without prejudice #7 Defendant's Motion to Dismiss Plaintiff's Complaint or, Alternatively, Motion for Summary Judgment (the "Motion"). "[W]hen the jurisdictional basis of a claim is intertwined with the merits [of the claim], the district court should apply a Rule 56 summary judgment standard when ruling on a motion to dismiss which asserts a factual attack on subject matter jurisdiction." Odyssey Marine Exploration, Inc. v. Unidentified Shipwrecked Vessel, 657 F.3d 1159, 1169 (11th Cir. 2011) (internal citation omitted). Jurisdiction is "intertwined with the merits of [the claim] when a statute provided the basis for both the subject matter jurisdiction of the federal court and the plaintiff's substantive claim for relief." Id. at 1170. Whether the "employer" to the action meets the 15-employee threshold for bringing a claim under Title VII is an element of the claim and not a jurisdictional issue. Arbaugh v. Y&H Corp., 546 U.S. 500, 516 (2006). Accordingly, the proper standard of review on Defendant's Motion is Fed. R. Civ. P. 56. The Court finds that summary judgment is premature as the case is in its initial stages and no discovery has been conducted. Defendant may renew its motion for summary judgment when appropriate. Signed by Judge Darrin P. Gayles (isc)
July 3, 2019 Opinion or Order Filing 15 ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before July 18, 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. (isc)
May 20, 2019 Filing 14 REPLY to Response to Motion re #7 Defendant's MOTION to Dismiss with Prejudice #1 Complaint or, Alternatively, MOTION for Summary Judgment with Incorporated Memorandum of Law filed by C.F. ALARM INDUSTRY, INC.. (Attachments: #1 Exhibit A-Affidavit of Carlos Fernandez with attached exhibits)(Spritz, Stephanie)
May 16, 2019 Set/Reset Deadlines as to #7 Defendant's MOTION to Dismiss with Prejudice #1 Complaint or, Alternatively, MOTION for Summary Judgment with Incorporated Memorandum of Law. Replies due by 5/21/2019. (lh)per Order DE# 13
May 15, 2019 Opinion or Order Filing 13 PAPERLESS ORDER granting #12 Defendant's Unopposed Motion for Extension of Time to File Reply in Support of its Motion to Dismiss or Alternatively for Summary Judgment. Defendant shall file its reply on or before May 21, 2019 Signed by Judge Darrin P. Gayles (isc)
May 15, 2019 Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #11 Response to Motion, or Alternative, Motion for Summary Judgment by C.F. ALARM INDUSTRY, INC.. (Attachments: #1 Text of Proposed Order)(Allen, Scott)
May 9, 2019 Filing 11 RESPONSE to Motion re #7 Defendant's MOTION to Dismiss with Prejudice #1 Complaint or, Alternatively, MOTION for Summary Judgment with Incorporated Memorandum of Law filed by YITSY ARGUELLES. Replies due by 5/16/2019. (Attachments: #1 Exhibit 1, #2 Affidavit)(Palma, Zandro)
April 30, 2019 Opinion or Order Filing 10 PAPERLESS ORDER granting #9 Unopposed Motion for Enlargement of Time to File Plaintiff's Response to Defendant's Motion to Dismiss. Plaintiff shall respond to the motion on or before May 9, 2019. Signed by Judge Darrin P. Gayles (isc)
April 29, 2019 Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #7 Defendant's MOTION to Dismiss with Prejudice #1 Complaint or, Alternatively, MOTION for Summary Judgment with Incorporated Memorandum of Law by YITSY ARGUELLES. (Palma, Zandro)
April 15, 2019 Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by C.F. ALARM INDUSTRY, INC. (Spritz, Stephanie)
April 15, 2019 Filing 7 Defendant's MOTION to Dismiss with Prejudice #1 Complaint or, Alternatively,, MOTION for Summary Judgment with Incorporated Memorandum of Law by C.F. ALARM INDUSTRY, INC.. Responses due by 4/29/2019 (Attachments: #1 Exhibit A-Verified Complaint, #2 Affidavit B-Affidavit of Carlos Fernandez with attached Exhibit)(Spritz, Stephanie)
April 15, 2019 Filing 6 NOTICE of Attorney Appearance by Scott Stephan Allen on behalf of C.F. ALARM INDUSTRY, INC.. Attorney Scott Stephan Allen added to party C.F. ALARM INDUSTRY, INC.(pty:dft). (Allen, Scott)
April 15, 2019 Filing 5 NOTICE of Attorney Appearance by Stephanie M. Spritz on behalf of C.F. ALARM INDUSTRY, INC.. Attorney Stephanie M. Spritz added to party C.F. ALARM INDUSTRY, INC.(pty:dft). (Spritz, Stephanie)
March 20, 2019 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 3/20/2019. (isc)
March 20, 2019 Filing 3 Summons Issued as to C.F. ALARM INDUSTRY, INC.. (jao)
March 20, 2019 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. (jao)
March 20, 2019 Filing 1 COMPLAINT against C.F. ALARM INDUSTRY, INC.. Filing fees $ 400.00 receipt number 113C-11490360, filed by YITSY ARGUELLES. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Summon(s))(Palma, Zandro)

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Defendant: C.F. ALARM INDUSTRY, INC.
Represented By: Stephanie M. Spritz
Represented By: Scott Stephan Allen
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Plaintiff: YITSY ARGUELLES
Represented By: Zandro E. Palma
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