Espinosa v. BellSouth Telecommunications, LLC
Plaintiff: Modesto Espinosa
Defendant: BellSouth Telecommunications, LLC and AT
Case Number: 1:2019cv23757
Filed: September 10, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Beth Bloom
Referring Judge: Lauren Fleischer Louis
Nature of Suit: Labor: Fair Standards
Cause of Action: 29:0201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 25, 2020 Filing 47 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Telephone Conference held on 2/25/2020, Telephonic Fairness Hearing held on 2/25/2020. Attorney Appearance(s): Keith Michael Stern, Yendelela N. Holston. Total time in court: 20 minutes. (Digital 13:32:57) (aw)
February 25, 2020 Opinion or Order Filing 46 FINAL ORDER DISMISSING CASE WITH PREJUDICE. The Court has reviewed the settlement agreement between the parties. Pursuant to Lynns Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th Cir. 1982), the Court finds that the parties' settlement of this action was achieved through representation of all parties by experienced counsel. The Parties' settlement of these claims is the result of a bona fide compromise between them on a variety of disputes of law and fact. The settlement negotiated and reached by the Parties reflects a reasonable compromise of the disputed issues. Therefore, the Court finds that the provisions of the parties' agreement are fair and reasonable under the Fair Labor Standards Act. Accordingly, the motion #44 for approval of settlement is GRANTED and the Settlement is APPROVED.The parties' motion #44 for dismissal is GRANTED. The case is now DISMISSED with prejudice. As a condition of the joint stipulated dismissal, the Court retains jurisdiction to enforce the terms of the parties' settlement. In all other respects, the action is now CLOSED. Motions Terminated: #44 Joint MOTION for Settlement Approval of Confidential Settlement Agreement Based upon In Camera Review Joint MOTION to Dismiss with Prejudice #1 Complaint, filed by Modesto Espinosa. Signed by Magistrate Judge Lauren Fleischer Louis on 2/25/2020. (LFL)
February 24, 2020 Opinion or Order Filing 45 PAPERLESS Order Cancelling Settlement Conference set for 2/25/2020 at 1:30 p.m. and setting Telephone Conference. A Telephone Conference is set for February 25, 2020 at 1:30 p.m. in Miami Division before Magistrate Judge Lauren Fleischer Louis. At the specified time, Counsel shall dial: 1 (866) 434-5269, enter access code number 9978869 followed by the (#) sign, and enter security code number 5710 followed by the (#) sign. Signed by Magistrate Judge Lauren Fleischer Louis on 2/24/2020. (aw)
February 24, 2020 Filing 44 Joint MOTION for Settlement Approval of Confidential Settlement Agreement Based upon In Camera Review ( Responses due by 3/9/2020), Joint MOTION to Dismiss with Prejudice #1 Complaint, by Modesto Espinosa. (Attachments: #1 Proposed Order of Approval and Dismissal)(Stern, Keith)
February 13, 2020 Opinion or Order Filing 43 ORDER REFERRING CASE TO MAGISTRATE JUDGE. REASSIGNING CASE to Magistrate Judge Lauren Fleischer Louis for all further proceedings, Judge Beth Bloom no longer assigned to case Signed by Judge Beth Bloom on 2/13/2020. See attached document for full details. (mee)
February 12, 2020 Filing 42 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Modesto Espinosa (Stern, Keith)
February 12, 2020 Filing 41 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Telephonic Status Conference held on 2/12/2020. Telephonic Attorney Appearance(s): Keith Michael Stern, Yendelela N. Holston. The Settlement Conference to reconvene on February 25, 2020 at 1:30 p.m. in Miami Division before Magistrate Judge Lauren Fleischer Louis. Total time in court: 15 minutes. (Digital 13:30:09) (aw)
February 10, 2020 Opinion or Order Filing 40 PAPERLESS ORDER granting [ECF No. 38] Joint Motion for Telephonic Conference. Signed by Magistrate Judge Lauren Fleischer Louis on 2/10/2020. (aw)
February 10, 2020 Opinion or Order Filing 39 PAPERLESS Order Cancelling Settlement Conference set for February 12, 2020 at 1:00 p.m. and Setting Telephonic Status Conference. A Telephonic Status Conference is set for February 12, 2020 at 1:30 p.m. in Miami Division before Magistrate Judge Lauren Fleischer Louis. At the specified time, Counsel shall dial: 1 (866) 434-5269, enter access code number 9978869 followed by the (#) sign, and enter security code number 5710 followed by the (#) sign. Signed by Magistrate Judge Lauren Fleischer Louis on 2/10/2020. (aw)
February 10, 2020 Filing 38 Joint MOTION Telephonic Conference before Honorable United States Magistrate Judge Lauren Lous by Modesto Espinosa. (Attachments: #1 Proposed Order on Joint Motion for Telephonic Conference)(Stern, Keith)
January 31, 2020 Opinion or Order Filing 37 PAPERLESS ORDER granting #36 Plaintiff's Amended Motion for Extension of Time. Plaintiff shall serve his objections and responses to Defendant's Interrogatories, First Request for Production of Documents, and First Request for Admissions on or before February 10, 2020. Additionally, #35 Plaintiff's Motion for Extension of time is denied as moot. Signed by Magistrate Judge Lauren Fleischer Louis on 1/31/2020. (dhy)
January 30, 2020 Filing 36 Amended MOTION for Extension of Time to Serve Responses & Objections to Defendant's Discovery Requests by Modesto Espinosa. Responses due by 2/13/2020 (Attachments: #1 Proposed Order on Plaintiff's Amended Motion for Enlargement to Respond to Defendant's Discovery Requests)(Stern, Keith)
January 30, 2020 Filing 35 Plaintiff's MOTION for Extension of Time to Serve Responses & Objections to Defendant's Discovery Requests by Modesto Espinosa. Responses due by 2/13/2020 (Attachments: #1 Proposed Order on Plaintiff's Motion for Enlargement to Respond to Defendant's Discovery Requests)(Stern, Keith)
January 6, 2020 Opinion or Order Filing 34 PAPERLESS ORDER reconvening Settlement Conference. Settlement Conference set for 2/12/2020, at 01:00 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis, United States Courthouse, Clyde Atkins Bldg., 11th Floor, 301 North Miami Avenue, Miami, Florida 33128. Signed by Magistrate Judge Lauren Fleischer Louis on 1/6/2020. (yar)
December 16, 2019 Opinion or Order Filing 33 ORDER ON MOTION TO DISMISS, granting #28 Motion to Dismiss. Signed by Judge Beth Bloom on 12/16/2019. See attached document for full details. (mee)
December 13, 2019 Filing 32 NOTICE by Modesto Espinosa re #28 Defendant's MOTION to Dismiss #1 Complaint, (Plaintiff's Collective Action Claims) (Stern, Keith)
December 10, 2019 Filing 31 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Settlement Conference held on 12/10/2019. The settlement conference was adjourned. The parties to confer and propose to the Court two mutually convenient dates to reconvene the settlement conference. Attorney Appearance(s): Keith Michael Stern, along with his client (Modesto Espinosa), appeared at this conference. Yendelela N. Holston, along with her client (Jaime Mata, Esq., Corp. Rep.), appeared at this conference. Total time in court: 2 hour(s) : 30 minutes. (Digital 11:25:19) (aw)
December 6, 2019 Opinion or Order Filing 30 PAPERLESS ORDER granting #29 Motion for Extension of Time to File Response to Motion by December 13, 2019. Re: #28 Defendant's MOTION to Dismiss #1 Complaint, (Plaintiff's Collective Action Claims) filed by BellSouth Telecommunications, LLC. Signed by Judge Beth Bloom (BB)
December 6, 2019 Filing 29 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #28 Defendant's MOTION to Dismiss #1 Complaint, (Plaintiff's Collective Action Claims) by Modesto Espinosa. (Attachments: #1 Proposed Order on Plaintiff's Motion for Enlargement)(Stern, Keith)
November 22, 2019 Filing 28 Defendant's MOTION to Dismiss #1 Complaint, (Plaintiff's Collective Action Claims) by BellSouth Telecommunications, LLC. Responses due by 12/6/2019 (Attachments: #1 Exhibit A - Declaration of Zach Frady, #2 Exhibit B - Declaration of Mary P. McDonald)(Martin, Meagan)
November 13, 2019 Opinion or Order Filing 27 ORDER Scheduling Mediation Mediation Hearing set for 4/28/2020 at 10:00 AM before Marlene Quintana. The parties shall file a mediation report on or before 5/1/2020. Signed by Judge Beth Bloom on 11/13/2019. See attached document for full details. (mee)
November 13, 2019 Filing 26 NOTICE by Modesto Espinosa re #18 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, of Filing Proposed Order Scheduling Mediation (Attachments: #1 Proposed Order Scheduling Mediation) (Stern, Keith)
November 12, 2019 Filing 25 Amended ANSWER and Affirmative Defenses to Complaint by BellSouth Telecommunications, LLC. (Attachments: #1 Exhibit A)(Martin, Meagan)
October 29, 2019 Opinion or Order Filing 24 SETTLEMENT CONFERENCE ORDER. Signed by Magistrate Judge Lauren Fleischer Louis on 10/29/2019. See attached document for full details. (aw)
October 29, 2019 Opinion or Order Filing 23 PAPERLESS ORDER Setting Settlement Conference. A Settlement Conference is set for December 10, 2019 at 9:00 a.m. before Magistrate Judge Lauren Fleischer Louis, United States Courthouse, Clyde Atkins Bldg., 11th Floor, 301 North Miami Avenue, Miami, Florida 33128. Signed by Magistrate Judge Lauren Fleischer Louis on 10/29/2019. (aw)
October 23, 2019 Opinion or Order Filing 22 PAPERLESS ORDER granting #21 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Desmond M. Dennis. Signed by Judge Beth Bloom (BB)
October 23, 2019 Filing 21 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Desmond M. Dennis. Filing Fee $ 75.00 Receipt # 113C-12088951 by BellSouth Telecommunications, LLC. Responses due by 11/6/2019 (Attachments: #1 Text of Proposed Order)(Martin, Meagan)
October 23, 2019 Opinion or Order Filing 20 PAPERLESS ORDER granting #19 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Yendelela N. Holston. Signed by Judge Beth Bloom (BB)
October 23, 2019 Filing 19 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Yendelela N. Holston. Filing Fee $ 75.00 Receipt # 113C-12088641 by BellSouth Telecommunications, LLC. Responses due by 11/6/2019 (Attachments: #1 Text of Proposed Order)(Martin, Meagan)
October 22, 2019 Opinion or Order Filing 18 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Amended Pleadings due by 12/23/2019., Discovery due by 5/5/2020., Expert Discovery due by 5/5/2020., Joinder of Parties due by 12/23/2019., Mediation Deadline 5/19/2020., In Limine Motions due by 5/27/2020., Dispositive Motions due by 5/27/2020., Motions due by 5/27/2020., Pretrial Stipulation due by 8/17/2020., Jury Trial set for 8/31/2020 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 8/25/2020 01:45 PM in Miami Division before Judge Beth Bloom.), ORDER REFERRING CASE to Mediation. (Mediation Deadline 5/19/2020.), ORDER REFERRING CASE to Magistrate Judge Lauren F. Louis for Discovery Matters. Signed by Judge Beth Bloom on 10/22/2019. See attached document for full details. (mc) #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.
October 21, 2019 Filing 17 Joint SCHEDULING REPORT - Rule 16.1 by Modesto Espinosa (Attachments: #1 Proposed Scheduling Order)(Stern, Keith)
October 21, 2019 Filing 16 Defendant's RESPONSE to #6 Statement of Claim by BellSouth Telecommunications, LLC. (Martin, Meagan)
October 21, 2019 Filing 15 Defendant's ANSWER to Complaint by BellSouth Telecommunications, LLC. (Martin, Meagan)
October 17, 2019 Opinion or Order Filing 14 PAPERLESS ORDER granting #13 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Statement of Claim. The Court notes, however, that pursuant to #4 its initial order, Plaintiff was directed to file a notice of compliance that he had served the order, statement of claim and copies of all supporting documentation upon Defendant's counsel. Plaintiff filed #9 his notice of compliance indicating that he duly served Defendant's counsel with the statement of claim on October 2, 2019, once Defendant's counsel entered an appearance in this case. Accordingly, Defendant's response to the statement of claim is due October 23, 2019. Nevertheless, Defendant is welcome to file its response early. Responses due by 10/23/2019. Signed by Judge Beth Bloom (ak03)
October 17, 2019 Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #6 Statement of Claim by BellSouth Telecommunications, LLC. (Attachments: #1 Exhibit A - Proposed Order Granting Unopposed Motion for Extension of time to Respond to SOC)(Martin, Meagan)
October 3, 2019 Filing 12 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Modesto Espinosa (Stern, Keith)
October 3, 2019 Filing 11 NOTICE of Attorney Appearance by Kevin William Shaughnessy on behalf of BellSouth Telecommunications, LLC. Attorney Kevin William Shaughnessy added to party BellSouth Telecommunications, LLC(pty:dft). (Shaughnessy, Kevin)
October 2, 2019 Filing 10 Defendant's Corporate Disclosure Statement by BellSouth Telecommunications, LLC identifying Corporate Parent AT&T, Inc., Corporate Parent AT&T Datacomm, LLC, Corporate Parent BellSouth, LLC, Corporate Parent AT&T DataComm Holdings, Inc. for BellSouth Telecommunications, LLC (Martin, Meagan)
October 2, 2019 Filing 9 NOTICE of Compliance by Modesto Espinosa re #4 Order Requiring Joint Scheduling Report,, Order Referring Case to Magistrate Judge, (Stern, Keith)
October 1, 2019 Opinion or Order Filing 8 PAPERLESS ORDER granting #7 Motion for Extension of Time to File Response/Answer to Complaint by BellSouth Telecommunications, LLC. by 10/21/2019. Re: #1 Complaint, filed by Modesto Espinosa. Signed by Judge Beth Bloom (BB)
September 30, 2019 Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by BellSouth Telecommunications, LLC. Attorney Meagan Leigh Martin added to party BellSouth Telecommunications, LLC(pty:dft). (Attachments: #1 Exhibit A - Proposed Order Granting Extension of Time)(Martin, Meagan)
September 26, 2019 Filing 6 Statement of: Claim by Modesto Espinosa re #4 Order Requiring Joint Scheduling Report,, Order Referring Case to Magistrate Judge, (Stern, Keith)
September 12, 2019 Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Modesto Espinosa. BellSouth Telecommunications, LLC served on 9/11/2019, answer due 10/2/2019. (Stern, Keith)
September 11, 2019 Opinion or Order Filing 4 ORDER REQUIRING SCHEDULING REPORT, CERTIFICATE OF INTERESTED PARTIES, AND STATEMENT OF CLAIM AND RESPONSE IN FLSA CASE. ORDER REFERRING CASE to Magistrate Judge Lauren F. Louis for a purposes of a settlement conference. Signed by Judge Beth Bloom on 9/10/2019. See attached document for full details. (mee)
September 10, 2019 Filing 3 Summons Issued as to BellSouth Telecommunications, LLC. (mee)
September 10, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (mee)
September 10, 2019 Filing 1 COMPLAINT against BellSouth Telecommunications, LLC. Filing fees $ 400.00 receipt number 113C-11969485, filed by Modesto Espinosa. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Bellsouth Telecommunications, LLC a/k/a AT&T)(Stern, Keith)

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Defendant: BellSouth Telecommunications, LLC
Represented By: Kevin William Shaughnessy
Represented By: Meagan Leigh Martin
Represented By: Desmond M. Dennis
Represented By: Yendelela N. Holston
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Defendant: AT
Represented By: Kevin William Shaughnessy
Represented By: Meagan Leigh Martin
Represented By: Desmond M. Dennis
Represented By: Yendelela N. Holston
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Plaintiff: Modesto Espinosa
Represented By: Keith Michael Stern
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