FAJARDO v. OCIO CONCEPTS, LLC et al
| MARIA ANGELICA FAJARDO |
| TIERA BOMBA, INC., Carlos Pieschacon, OCIO CONCEPTS, LLC, OCIO CONCEPTS II, LLC, TIERRA BOMBA BAR and MARIA JULIANA ELIAN |
| 1:2019cv22053 |
| May 21, 2019 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 |
| Plaintiff |
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This docket was last retrieved on July 10, 2019. A more recent docket listing may be available from PACER.
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Filing 23
PAPERLESS NOTICE OF COURT PRACTICE UPON NOTICE OF SETTLEMENT. THIS CAUSE came before the Court upon the filing of a Notice of Settlement #22 . The Parties are hereby directed to file a copy of the settlement agreement with the Court no later than twenty-one (21) days from the date of this order. Pursuant to Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), claims for back wages arising under the FLSA may be settled only with approval of the Court or the Secretary of Labor. The Parties are reminded that the FLSA requires judicial review of the reasonableness of counsel's legal fees to assure both that counsel is compensated adequately and that no conflict of interest taints the amount the wronged employee recovers under a settlement agreement. Silva v. Miller, 307 F. App'x 349, 351 (11th Cir. 2009). Thus, if the settlement agreement itself does not disclose the amount paid to the Plaintiff and counsel's attorney fees, they should be separately indicated. The Parties should also include in their filing any information that they believe is relevant to determining the fairness of the fee, including an itemized breakdown of the attorney's fees and costs. If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. The Clerk of Court is instructed to CLOSE this case for administrative purposes. All pending motions, if any, are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 7/10/2019. (eso)
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| Filing 22 NOTICE of Settlement by MARIA JULIANA ELIAN, OCIO CONCEPTS II, LLC, OCIO CONCEPTS, LLC, Carlos Pieschacon, TIERA BOMBA, INC. (Diaz, Jose) |
| Filing 21 RESPONSE to Motion re #16 MOTION to be Excused from Appearing at Settlement Conference filed by MARIA ANGELICA FAJARDO. Replies due by 7/16/2019. (Attachments: #1 Exhibit "A")(Pollock, Brian) |
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Filing 20
PAPERLESS ORDER. THIS CAUSE came before the Court on Defendant's Motion to be Excused from Appearing at Settlement Conference. ECF No. #16 . Upon consideration of Defendant's Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it appears that there is some miscommunication among the parties or misrepresentation regarding the Court's availability to conduct the settlement conference before the District Court's deadline of July 17, 2019. Therefore, the parties shall appear for a hearing before the undersigned on Defendant's Motion, ECF No. #16 , tomorrow, July 10, 2019 at 9:00 a.m. Signed by Magistrate Judge Jacqueline Becerra on 7/9/2019. (jv00)
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Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Second Motion for Extension of Time #18 to respond to Plaintiff's Complaint. 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 for Extension of Time #18 is GRANTED. Defendants shall file a response to the Complaint #1 on or before July 12, 2019. Signed by Chief Judge K. Michael Moore on 7/9/2019. (eso)
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| Filing 18 Second MOTION for Extension of Time to File Response/Reply/Answer by MARIA JULIANA ELIAN, OCIO CONCEPTS II, LLC, OCIO CONCEPTS, LLC, Carlos Pieschacon, TIERA BOMBA, INC.. (Diaz, Jose) |
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Motion for Extension of Time #15 to respond to Plaintiff's Statement of Claim. 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 for Extension of Time #15 is GRANTED. Defendants shall file a response to the Statement of Claim #8 on or before July 12, 2019. Signed by Chief Judge K. Michael Moore on 7/3/2019. (eso)
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| Filing 16 MOTION to be Excused from Appearing at Settlement Conference by MARIA JULIANA ELIAN. (Diaz, Jose) |
| Filing 15 MOTION for Extension of Time Respond to Plaintiff's Statement of Claim by MARIA JULIANA ELIAN, OCIO CONCEPTS II, LLC, OCIO CONCEPTS, LLC, Carlos Pieschacon, TIERA BOMBA, INC.. Responses due by 7/16/2019 (Diaz, Jose) |
| Filing 14 Clerks Notice of Docket Correction re #12 Order,, Set/Reset Deadlines/Hearings,. Incorrect Judge Selected; Corrected by the Clerk and redocketed as DE #13 . (lk) |
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Filing 13
ORDER Scheduling Settlement Conference: ( Settlement Conference set for 7/16/2019 12:00 PM in Miami Division before Magistrate Judge Jacqueline Becerra., Telephonic Status Conference set for 7/15/2019 10:00 AM in Miami Division before Magistrate Judge Jacqueline Becerra.) Signed by Magistrate Judge Jacqueline Becerra on 6/28/2019. See attached document for full details. (lk)
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| Filing 12 Docket entry entered with incorrect Judge. (lk) Modified Text/Judge and redocketed as DE #13 on 6/28/2019 (lk). |
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Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Motion for Extension of Time #10 to respond to Plaintiff's Complaint. 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 for Extension of Time #10 is GRANTED. Defendants shall file a response to the Complaint #1 on or before July 8, 2019. Signed by Chief Judge K. Michael Moore on 6/18/2019. (eso)
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| Filing 10 MOTION for Extension of Time to File Response/Reply/Answer to Complaint by MARIA JULIANA ELIAN, OCIO CONCEPTS II, LLC, OCIO CONCEPTS, LLC, Carlos Pieschacon, TIERA BOMBA, INC.. (Diaz, Jose) |
| Filing 9 NOTICE of Attorney Appearance by Jose O. Diaz on behalf of MARIA JULIANA ELIAN, OCIO CONCEPTS II, LLC, OCIO CONCEPTS, LLC, Carlos Pieschacon, TIERA BOMBA, INC.. Attorney Jose O. Diaz added to party MARIA JULIANA ELIAN(pty:dft), Attorney Jose O. Diaz added to party OCIO CONCEPTS II, LLC(pty:dft), Attorney Jose O. Diaz added to party OCIO CONCEPTS, LLC(pty:dft), Attorney Jose O. Diaz added to party Carlos Pieschacon(pty:dft), Attorney Jose O. Diaz added to party TIERA BOMBA, INC. (pty:dft). (Diaz, Jose) |
| Filing 8 Statement of: Claim by MARIA ANGELICA FAJARDO re 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,, (Attachments: #1 Exhibit, #2 Exhibit)(Pollock, Brian) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MARIA ANGELICA FAJARDO. OCIO CONCEPTS, LLC served on 6/6/2019, answer due 6/27/2019; TIERA BOMBA, INC. served on 6/6/2019, answer due 6/27/2019. (Attachments: #1 Affidavit of Service on Ocio Concepts, LLC, #2 Affidavit of Service on Tierra Bomba, Inc., a/k/a Tierra Bomba Bar & Grill, Inc.)(Pollock, Brian) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MARIA ANGELICA FAJARDO. MARIA JULIANA ELIAN served on 5/28/2019, answer due 6/18/2019; OCIO CONCEPTS II, LLC served on 5/28/2019, answer due 6/18/2019; Carlos Pieschacon served on 5/28/2019, answer due 6/18/2019. (Attachments: #1 Affidavit of Service on Ocio Concepts II, LLC, #2 Affidavit of Service on Carlos Pieschacon, #3 Affidavit of Service on Maria Juliana Elian)(Pollock, Brian) |
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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 Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 5/23/2019. (eso)
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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 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 Circuit's 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 5/23/2019. (eso)
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| Filing 3 Summons Issued as to MARIA JULIANA ELIAN, OCIO CONCEPTS II, LLC, OCIO CONCEPTS, LLC, Carlos Pieschacon, TIERA BOMBA, INC.. (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s), #4 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-11664078, filed by MARIA JULIANA ELIAN. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Pieschacon, #3 Summon(s) Elian, #4 Summon(s) Ocio II, #5 Summon(s) Ocio, #6 Summon(s) Tierra)(Pollock, Brian) |
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