Barrios et al v. Coast to Coast General Contractors, Inc. et al

Plaintiff: Armando Morales Castellanos, Osmany M Martinez, Nelson Naranjo, Edward Barrios, Elio Raydel Suarez Rodriguez, Alexis Morales and Julio A. Castro
Defendant: Coast to Coast General Contractors, Inc. and Yanieve Levi
Case Number: 1:2019cv21432
Filed: April 15, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Jacqueline Becerra
Referring Judge: K Michael Moore
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 0201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 24, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 24, 2019 Filing 12 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Appoint Process Server. #10 . Therein, Plaintiffs ask the Court to appoint Steve Lehr and Shawn Mazzerle to serve process in this action. Federal Rule of Civil Procedure 4 provides that "[a]ny person who is at least 18 years old and not a party may serve a summons and complaint." Fed. R. Civ. P. 4(c)(2). Here, Plaintiff's Motion states that Steve Lehr and Shawn Mazzerle are over the age of eighteen years old and are disinterested parties to this action. For that reason, an order appointing Steve Lehr and Shawn Mazzerle as process servers in this case is unnecessary. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #10 is DENIED without prejudice. Signed by Chief Judge K. Michael Moore on 6/24/2019. (ah03)
June 24, 2019 Filing 11 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion for Extension of Time to Serve Defendants Coast to Coast General Contractors, Inc and Yanieve Levi #9 . Therein, Plaintiffs state that, upon information and belief, "Defendant may have relocated to a difference [sic] residence." As such, Plaintiffs requests an additional ninety (90) days to serve Defendants. However, Plaintiffs do not state which Defendant they believe to have relocated. Plaintiffs filed the Complaint on April 15, 2019, and thus Plaintiffs must serve Defendants on or before July 15, 2019. It is unclear from the Motion whether Plaintiffs request an additional ninety (90) days from the date of the Motion or from their current deadline to serve. Accordingly,UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiffs' Motion #9 is GRANTED IN PART and DENIED IN PART. Plaintiffs shall serve Defendants on or before August 2, 2019. Additionally, Plaintiffs are reminded that the Court's Notice of Court Practice in Fair Labor Standards Act Case 6 requires the Parties to hold a settlement conference within twenty (20) days after the date the Defendants' Response is due, or no later than fifty-five (55) days after the filing of the Notice of Court Practice. The deadline for conducting a settlement conference and submitting a joint scheduling report has passed and no extension of time has been requested. Accordingly, it is FURTHER ORDERED that the Parties shall hold a settlement conference within twenty (20) days after the date the Defendants' Response is due. Failure to do so may result in dismissal of this matter. Signed by Chief Judge K. Michael Moore on 6/24/2019. (ah03)
June 21, 2019 Filing 10 MOTION for Appointment of Special Process Server by Edward Barrios, Julio A. Castro, Osmany M Martinez, Alexis Morales, Armando Morales Castellanos, Nelson Naranjo, Elio Raydel Suarez Rodriguez. Responses due by 7/8/2019 (Fons, Eduardo)
June 21, 2019 Filing 9 Plaintiff's MOTION for Extension of Time to serve Defendants by Edward Barrios, Julio A. Castro, Osmany M Martinez, Alexis Morales, Armando Morales Castellanos, Nelson Naranjo, Elio Raydel Suarez Rodriguez. Responses due by 7/8/2019 (Fons, Eduardo)
May 6, 2019 Filing 8 Statement of: Claim by Edward Barrios, Julio A. Castro, Osmany M Martinez, Alexis Morales, Armando Morales Castellanos, Nelson Naranjo, Elio Raydel Suarez Rodriguez (Fons, Eduardo)
April 16, 2019 Filing 7 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 Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 4/16/2019. (ah03)
April 16, 2019 Filing 6 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 Jacqueline 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 4/16/2019. (ah03)
April 16, 2019 Filing 5 Bar Letter re: Admissions sent to attorney Travis D. Koon, mailing date April 16, 2019, (pt)
April 16, 2019 Filing 4 Summons Issued as to Coast to Coast General Contractors, Inc., Yanieve Levi. (ar2)
April 16, 2019 Filing 3 Clerks Notice to Filer re: Electronic Case. Venue on the Civil Cover Sheet does not match the initiating document. The Clerks Office confirmed Miami-Dade as the county with the filer. It is not necessary to re-file this document. (ar2)
April 15, 2019 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. (ar2)
April 15, 2019 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11559608, filed by Armando Morales Castellanos, Edward Barrios, Alexis Morales, Osmany M Martinez, Elio Raydel Suarez Rodriguez, Nelson Naranjo, Julio A. Castro. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Fons, Eduardo)

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Search for this case: Barrios et al v. Coast to Coast General Contractors, Inc. et al
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Plaintiff: Armando Morales Castellanos
Represented By: Vanessa D Torres
Represented By: Eduardo Daniel Fons
Represented By: Travis D. Koon
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Plaintiff: Osmany M Martinez
Represented By: Vanessa D Torres
Represented By: Eduardo Daniel Fons
Represented By: Travis D. Koon
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Plaintiff: Nelson Naranjo
Represented By: Vanessa D Torres
Represented By: Eduardo Daniel Fons
Represented By: Travis D. Koon
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Plaintiff: Edward Barrios
Represented By: Vanessa D Torres
Represented By: Eduardo Daniel Fons
Represented By: Travis D. Koon
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Plaintiff: Elio Raydel Suarez Rodriguez
Represented By: Vanessa D Torres
Represented By: Eduardo Daniel Fons
Represented By: Travis D. Koon
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Plaintiff: Alexis Morales
Represented By: Vanessa D Torres
Represented By: Eduardo Daniel Fons
Represented By: Travis D. Koon
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Plaintiff: Julio A. Castro
Represented By: Vanessa D Torres
Represented By: Eduardo Daniel Fons
Represented By: Travis D. Koon
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Defendant: Coast to Coast General Contractors, Inc.
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Defendant: Yanieve Levi
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