Mendez v. Beach Hotel Associates LLC et al
Plaintiff: Elba Mendez
Defendant: Beach Hotel Associates LLC and Morgans Hotel Group Management, LLC
Case Number: 1:2019cv23105
Filed: July 25, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Referring Judge: Alicia M Otazo-Reyes
Nature of Suit: Civil Rights: Jobs
Cause of Action: 29 U.S.C. § 0623
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 18, 2019 Filing 18 RESPONSE in Opposition re #16 Plaintiff's MOTION to Stay Briefing on Defendants' Motion to Stay Proceedings and Compel Arbitration filed by Beach Hotel Associates LLC, Morgans Hotel Group Management, LLC. Replies due by 9/25/2019. (Attachments: #1 Exhibit Declaration of Robert Mellwig, #2 Exhibit Declaration of Lourdes Paredes)(Gilmour, Kimberly)
September 11, 2019 Opinion or Order Filing 17 PAPERLESS ORDER regarding #16 Plaintiff's Motion to Stay Briefing on Defendants' Motion to Stay Proceedings and Compel Arbitration Pending Limited Arbitration-Related Discovery. Defendants shall file their Response to Plaintiff's Motion on or before September 18, 2019. Signed by Judge Darrin P. Gayles (lfn)
September 10, 2019 Filing 16 Plaintiff's MOTION to Stay Briefing on Defendants' Motion to Stay Proceedings and Compel Arbitration by Elba Mendez. Responses due by 9/24/2019 (Attachments: #1 Declaration of Elba Mendez)(Johnson, Kristy)
September 9, 2019 Opinion or Order Filing 15 SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: ( Jury Trial set for 9/14/2020 before Judge Darrin P. Gayles., Calendar Call set for 9/9/2020 09:30 AM before Judge Darrin P. Gayles., Status Conference set for 5/20/2020 10:00 AM before Judge Darrin P. Gayles.), ( Mediation Deadline 6/15/2020.) Signed by Judge Darrin P. Gayles on 9/9/2019. See attached document for full details. (jao) #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.
August 30, 2019 Filing 14 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Beach Hotel Associates LLC, Morgans Hotel Group Management, LLC (Gilmour, Kimberly)
August 30, 2019 Filing 13 Joint SCHEDULING REPORT - Rule 16.1 by Elba Mendez (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Johnson, Kristy)
August 30, 2019 Filing 12 RESPONSE to Motion re #10 Defendant's MOTION to Strike #9 Notice of Pending, Refiled, Related or Similar Actions filed by Elba Mendez. Replies due by 9/6/2019. (Johnson, Kristy)
August 30, 2019 Filing 11 Certificate of Other Affiliates by Elba Mendez (Johnson, Kristy)
August 28, 2019 Filing 10 Defendant's MOTION to Strike #9 Notice of Pending, Refiled, Related or Similar Actions by Beach Hotel Associates LLC, Morgans Hotel Group Management, LLC. Responses due by 9/11/2019 (Attachments: #1 Exhibit Order of Dismissal, #2 Exhibit Order of Dismissal, #3 Text of Proposed Order)(Gilmour, Kimberly)
August 26, 2019 Filing 9 Notice of Pending, Refiled, Related or Similar Actions by Elba Mendez (Johnson, Kristy)
August 26, 2019 Filing 8 Defendant's MOTION to Stay Proceedings, Defendant's MOTION to Compel Arbitration by Beach Hotel Associates LLC, Morgans Hotel Group Management, LLC. Responses due by 9/9/2019 (Attachments: #1 Exhibit Declaration and Arbitration Acknowledgement, #2 Text of Proposed Order)(Gilmour, Kimberly)
August 26, 2019 Opinion or Order Filing 7 PAPERLESS ORDER granting #6 Joint Motion for Extension of Time to File Joint Scheduling Report and Other Filings. The parties shall file their Joint Scheduling Report, Proposed Scheduling Order, Certificates of Interested Parties, and Corporate Disclosure Statements in this action on or before September 3, 2019. Signed by Judge Darrin P. Gayles (lfn)
August 23, 2019 Filing 6 Joint MOTION for Extension of Time to File Joint Scheduling Report and Other Filings re #5 Order Requiring Joint Scheduling Report,,,, by Elba Mendez. Responses due by 9/6/2019 (Johnson, Kristy)
August 2, 2019 Opinion or Order Filing 5 ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before August 23, 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. (lfn)
August 1, 2019 Filing 4 Defendants ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Beach Hotel Associates LLC, Morgans Hotel Group Management, LLC. (Attachments: #1 Exhibit Executed Arbitration Agreement)(Gilmour, Kimberly)
July 26, 2019 Filing 3 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 (lfn)
July 25, 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 Barry S. Seltzer 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)
July 25, 2019 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Mendez vs. Beach Hotel Associates) Filing fee $ 400.00 receipt number 113C-11844107, filed by Morgans Hotel Group Management, LLC, Beach Hotel Associates LLC. No Answer and/or Motion to Dismiss Filed. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Complaint, #3 Exhibit State Civil Cover sheet, #4 Exhibit Executed Waiver of Service)(Gilmour, Kimberly) Modified on 7/25/2019 (jao).

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Defendant: Beach Hotel Associates LLC
Represented By: Kimberly Anne Gilmour
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Defendant: Morgans Hotel Group Management, LLC
Represented By: Kimberly Anne Gilmour
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Plaintiff: Elba Mendez
Represented By: Jason R. Alderman
Represented By: Kristy Marie Johnson
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