Galdamez v. Omel Flowers & Design Corp. et al
| Dina C Galdamez |
| Omel Flowers & Design Corp. and Maria Andrade |
| 1:2019cv22779 |
| July 5, 2019 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 12 Defendant's Statement re 4 Order by Maria Andrade (Attachments: #1 Appendix)(cds) |
Filing 11
PAPERLESS ORDER REGARDING PROCEDURES TO SET SETTLEMENT CONFERENCE. To set the Settlement Conference within the deadlines mandated by the District Court, ECF No. 4 , counsel for Plaintiff shall send an e-mail, to chambers_becerra@flsd.uscourts.gov, on or before the date that Defendant's Response to Plaintiff's Statement of Claim is due. The e-mail shall list at least three different dates and times where all counsel and parties are available for the Settlement Conference. The Court prefers to set settlement conferences in FLSA cases on Tuesdays and Thursdays at 9:00 a.m., 12:00 p.m., or 3:00 p.m. If counsel and the parties are not available on those dates and times, they are permitted to propose other dates and times, but all proposed dates must be within the deadline set by the District Court. Plaintiff's counsel shall copy all counsel on the e-mail to chambers. Failure to submit proposed dates by the deadline will results in the Court setting the conference unilaterally. The Settlement Conference will not be continued absent compelling circumstances (i.e., counsel has a conflict with another court hearing). In providing dates for the Settlement Conference, counsel should note that: (1) The Settlement Conference must be attended by all parties, corporate representatives, and counsel of record. Each side must have a party representative(s) present with full authority to negotiate and finalize any settlement reached. (2) In the event that a monetary settlement would be payable from proceeds of an insurance policy, a claims professional/representative(s) from the party's insurer, with full and final authority to authorize payment to settle the matter up to the full limits of the party's policy shall be present. The failure of a party representative with full and final authority to make and accept offers of settlement to attend this Conference may result in the undersigned's sua sponte recommendation to the District Judge that sanctions be entered against the offending party. (3) Telephonic attendance will not be considered without the undersigned's prior permission, and unless extraordinary circumstances exist. Signed by Magistrate Judge Jacqueline Becerra on 8/7/2019. (jv00)
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| Reset Deadlines/Hearings Omel Flowers & Design Corp. answer due 8/30/2019 Per DE#9. (cqs) |
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Motion to Dismiss #7 . Therein, Defendants move to dismiss the Complaint on the grounds that Plaintiff did not file a Statement of the Claim in accordance with this Court's Paperless Notice of Court Practice in Fair Labor Standards Act Cases and Referral to Magistrate Judge for Settlement Conference. 4 ; #7 . Following Defendants' filing of the Motion to Dismiss, Plaintiff filed a Statement of Claim #8 nunc pro tunc. Accordingly, UPON CONSIDERATION of the Motion to Dismiss, the Statement of Claim, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion to Dismiss #7 is DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 8/2/2019. (eso)
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Filing 9
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Answer #6 . Defendant Maria Andrade, proceeding pro se, filed an Answer #6 on behalf of herself and corporate Defendant Omel Flowers & Design Corp. However, federal law provides that a corporation must be represented by counsel and cannot appear pro se. See Rowland v. California Men's Colony, 506 U.S. 194, 20102 (1993) ("It has been the law for the better part of two centuries... that a corporation may appear in the federal courts only through licensed counsel."); Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 138586 (11th Cir. 1985) ("The rule is well established that a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel."). Accordingly, UPON CONSIDERATION of the Answer, the pertinent portions of the record, and being otherwise fully advised in the premises, the Answer shall be stricken with respect to corporate Defendant Omel Flowers & Design Corp. It is further ORDERED AND ADJUDGED that Defendant Omel Flowers & Design Corp. is INSTRUCTED to retain counsel and separately respond to the Complaint on or before August 30, 2019. Signed by Chief Judge K. Michael Moore on 8/2/2019. (eso)
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| Filing 8 Statement of: Claim by Dina C Galdamez re 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,, (Prias, Nadja) |
| Filing 7 MOTION to Dismiss #1 Complaint by Maria Andrade, Omel Flowers & Design Corp.. Responses due by 8/15/2019 (cds) |
| Filing 6 ANSWER to Complaint by Maria Andrade, Omel Flowers & Design Corp.. (cds) |
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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 7/9/2019. (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 7/9/2019. (eso)
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| Filing 3 Summons Issued as to Maria Andrade, Omel Flowers & Design Corp.. (cds) |
| 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. (cds) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11788913, filed by Dina C Galdamez. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Prias, Nadja) |
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