Garcia v. Florida Technical College, Inc.
Plaintiff: Erik Garcia
Defendant: Florida Technical College, Inc.
Case Number: 1:2019cv23453
Filed: August 16, 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: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 0201
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 10, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 10, 2019 Filing 18 NOTICE of Mediator Selection. Added Erik Garcia, Martin A Soll. (Marban, Edilberto)
October 3, 2019 Opinion or Order Filing 17 SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE (Jury Trial set for 4/13/2020 before Judge Darrin P. Gayles., Calendar Call set for 4/8/2020 09:30 AM before Judge Darrin P. Gayles., Status Conference set for 12/18/2019 10:00 AM before Judge Darrin P. Gayles.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 12/11/2019.), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Darrin P. Gayles on 10/3/2019. See attached document for full details. (ebz) #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.
September 23, 2019 Filing 16 Defendant's RESPONSE to #8 Statement of Claim by Florida Technical College, Inc.. (Jimenez, Priscilla)
September 11, 2019 Filing 15 Certificate of Other Affiliates/Corporate Disclosure Statement by Florida Technical College, Inc. identifying Corporate Parent Leeds IV Advisors, Inc., Other Affiliate National College of Business and Technology Company, Inc., Other Affiliate Instituto de Banca y Comercio, Inc. for Florida Technical College, Inc. (Jimenez, Priscilla)
September 11, 2019 Filing 14 NOTICE by Erik Garcia re 12 Clerks Notice of Docket Correction and Instruction to Filer - Attorney, (Marban, Edilberto)
September 11, 2019 Filing 13 Joint SCHEDULING REPORT - Rule 26(f) by Erik Garcia (Attachments: #1 Text of Proposed Order)(Marban, Edilberto)
September 11, 2019 Filing 12 Clerks Notice to Filer re #11 Certificate of Other Affiliates/Corporate Disclosure Statement. Parties Not Added; ERROR - The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties and add the additional parties. (jas)
September 11, 2019 Filing 11 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Erik Garcia (Marban, Edilberto)
September 5, 2019 Opinion or Order Filing 10 PAPERLESS ORDER granting #9 Plaintiff's Motion to Allow Late Filing of Statement of Claim. Signed by Judge Darrin P. Gayles (hs01)
September 3, 2019 Filing 9 MOTION Unopposed Motion to Allow Late Filing of Plaintiff's Statement of Claim re 4 Notice of Court Practice/to Appear/Other,,,,,,, by Erik Garcia. (Attachments: #1 Text of Proposed Order Order on Plaintiff's Motion to Allow Late Filing)(Marban, Edilberto)
September 3, 2019 Filing 8 Statement of: Statement of Claim Statement of Claim by Erik Garcia re 4 Notice of Court Practice/to Appear/Other,,,,,,, (Marban, Edilberto)
August 28, 2019 Opinion or Order Filing 7 ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before September 11, 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. (hs01)
August 23, 2019 Filing 6 ANSWER and Affirmative Defenses to Complaint by Florida Technical College, Inc.. (Jimenez, Priscilla)
August 19, 2019 Filing 5 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 (hs01)
August 19, 2019 Opinion or Order Filing 4 NOTICE OF COURT PRACTICE. The Complaint in this action is filed under the Fair Labor Standards Act, 29 U.S.C. 201 et seq. ("FLSA"). In order to assist the Court in the management of this case, and in an effort to foster early and cost-effective resolution, the parties are ORDERED to comply with the following procedures: Under Rule 8 of the Federal Rules of Civil Procedure, a plaintiff is required to state a "short and plain statement of the claim." While this Rule places only a light burden on a plaintiff, the Court requires complaints filed under the FLSA to include, at a minimum, a statement setting forth the following with respect to each Plaintiff: (a) An initial estimate of the total amount of alleged unpaid wages; (b) A preliminary calculation of such wages; (c) The approximate period during which the alleged FLSA violations occurred; and (d) The nature of the wages (e.g., overtime or straight time). Plaintiff is directed to file a "Statement of Claim" by DATE. Plaintiff(s) shall promptly serve a copy of this Order, the Statement of Claim, and copies of all supporting documents (including time sheets, pay stubs, etc.) upon counsel for Defendant(s) once an appearance has been made or at the time the Statement of Claim is filed (if defense counsel has already appeared). Defendant(s) shall then file a "Response to Plaintiff's Statement of Claim" setting forth in detail any defenses to Plaintiff's claim(s) and serve copies of all supporting documents within twenty (20) days of being served with Plaintiff's Statement of Claim. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the dismissal of this action or entry of default. Signed by Judge Darrin P. Gayles (hs01)
August 19, 2019 Filing 3 Corporate Disclosure Statement by Florida Technical College, Inc. identifying Corporate Parent Leeds IV Advisors, Inc. for Florida Technical College, Inc. (Jimenez, Priscilla)
August 16, 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. (ebz)
August 16, 2019 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-11910719, filed by Florida Technical College, Inc.. No Motion to Dismiss and/or Answer has been attached. (Attachments: #1 Civil Cover Sheet)(Jimenez, Priscilla)

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Plaintiff: Erik Garcia
Represented By: Edilberto O. Marban
Represented By: Phillip Andrew Ortiz
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Defendant: Florida Technical College, Inc.
Represented By: Priscilla Jimenez
Represented By: Peter W. Homer
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