REYES BERMUDEZ v. CGTD Enterprises, Inc. et al
| CYNTHIA GRIFFITHS and CELIA REYES BERMUDEZ |
| CGTD Enterprises, Inc., CALVIN GRIFFITHS and TOUCH BOUTIQUE, INC. |
| 1:2019cv25053 |
| December 9, 2019 |
| US District Court for the Southern District of Florida |
| Joan A Lenard |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 Fair Labor Standards Act |
| Plaintiff |
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| Filing 24 DEFAULT FINAL JUDGMENT in favor of Plaintiff Celia Reyes Bermudez and against Defendant CGTD Enterprises, Inc., f/k/a Touch Boutique, Inc. This case is now CLOSED. Signed by Judge Joan A. Lenard on 4/27/2020. See attached document for full details. (gie) |
Filing 23
PAPERLESS ORDER STRIKING #10 Defendant, CGTD Enterprises, Inc. F/K/A Touch Boutique's Answer and Affirmative Defenses to the Complaint for FLSA Overtime Wage Violations, Nunc Pro Tunc to March 27, 2020.On December 9, 2019, Plaintiff Celia Reyes Bermudez filed a Complaint against, inter alia, CGTD Enterprises, Inc. claiming unpaid overtime wages under the Fair Labor Standards Act. (D.E. #1 .) On January 15, 2020, Plaintiff filed a Return of Service indicating that the CGTD Enterprises, Inc. had been served on January 15, 2020. (D.E. #7 .) On February 5, 2020, the CGTD Enterprises, Inc., through counsel, filed an Answer and Affirmative Defenses to the Complaint. (D.E. #10 .) On March 4, 2020, CGTD Enterprises, Inc.'s counsel moved to withdraw as counsel, citing irreconcilable differences. (D.E. #12 .) On March 5, 2020, the Court entered a Paperless Amended Order Granting the Motion to Withdraw. (D.E. 14.) Therein, the Court advised CGTD Enterprises, Inc. that "[a]s a corporate entity, Defendant is prohibited from proceeding without counsel." (Id. (citing Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985)). The Court provided CGTD Enterprises, Inc. until and including March 26, 2020 to hire new counsel, evidenced by a Notice of Appearance on the docket, or show cause why default should not be entered against it. (Id.) CGTD Enterprises, Inc. failed to hire new counsel evidenced by a Notice of Appearance on the docket, or otherwise show cause why default should not be entered against it. Therefore, on March 27, 2020, the Court entered an Order directing the Clerk to enter default as to CGTD Enterprises, Inc. for failure to defend. (D.E. 18.) On March 30, 2020, the Clerk entered Default against CGTD Enterprises, Inc. (D.E. #20 .)Accordingly, it is ORDERED AND ADJUDGED that CGTD Enterprises, Inc.'s #10 Answer and Affirmative Defenses are STRICKEN nunc pro tunc to March 27, 2020 (the date the Court directed the Clerk to Enter Default against CGTD Enterprises, Inc.) for failure to defend, hire new counsel, or otherwise comply with the Court's Orders. See Broadcast Music, Inc. v. MBratta Enters., Inc., No. 2:14-cv-125-FtM-29CM, 2015 WL 3765200, at *1 (M.D. Fla. June 16, 2015) (striking answer and affirmative defenses and directing the clerk to enter default against corporate defendant for failing to retain new counsel); Varela v. Innovative Wiring Solutions, LLC, No. 6:07-cv-165-Orl-28KRS, 2008 WL 2700053 (M.D. Fla. July 9, 2008) (same). This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 4/14/2020. (gie)
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| Filing 22 Plaintiff's MOTION for Default Judgment by CELIA REYES BERMUDEZ. (Attachments: #1 Affidavit of Indbtedness, #2 Text of Proposed Order)(Pollock, Brian) |
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Filing 21
PAPERLESS ORDER TO SHOW CAUSE. On March 30, 2020, the Clerk entered default #20 against Defendant CGTD Enterprises, Inc. for failure to defend this action. Accordingly, it is ORDERED AND ADJUDGED that Plaintiff is provided until and including April 9, 2020 to file a Motion for Entry of FINAL Default Judgment, together with appropriate affidavits and documentation, against Defendant or show cause why this case should not be dismissed for lack of prosecution. The Motion's Certificate of Service shall reflect that the Motion was served upon Defendant at its address of record. This entry constitutes the ENDORSED ORDER in its entirety. Show Cause Response due by 4/9/2020. Signed by Judge Joan A. Lenard on 3/30/2020. (gie)
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| Filing 20 Clerks Entry of Default as to CGTD Enterprises per Order Directing Clerk to Enter Default Re: 18 Order Directing Clerk to Enter Default,,,,,,. Signed by DEPUTY CLERK on 3/30/2020. (cqs) |
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Filing 19
Order Cancelling Settlement Conference that was set for 4/17/2020 at 10:30 am before Chief Magistrate Judge O'Sullivan. Signed by Ch. Magistrate Judge John J. O'Sullivan on 3/30/2020. See attached document for full details. (mms)
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Filing 18
PAPERLESS ORDER DIRECTING CLERK TO ENTER DEFAULT as to CGTD Enterprises, Inc. On March 5, 2020, the Court entered a Paperless Amended Order Granting Defendant CGTD Enterprises, Inc.'s Motion to Withdraw, and permitted attorneys Kamilah Jolly and Christopher Myers to withdraw as counsel for CGTD Enterprises, Inc. (hereafter, "Defendant"). (D.E. 14.) The Court advised Defendant that "[a]s a corporate entity, Defendant is prohibited from proceeding without counsel" and "can only act through agents[.]" (Id.) Thus, the Court provided Defendant "until and including March 26, 2020 to hire new counsel, evidenced by a Notice of Appearance on the docket, or SHOW CAUSE why default should not be entered against it." (Id.) The Court instructed former counsel "to provide Defendant a copy of this Order, and to thereafter file a Notice of Compliance on the docket indicating compliance with that instruction." (Id.) On March 17, 2020, former counsel filed a Notice of Compliance indicating that it had mailed a copy of the Court's March 5, 2020 Order to Defendant. To date, however, Defendant has not hired new counsel as evidenced by a Notice of Appearance on the docket, or otherwise responded to the Court's Order to Show Cause.Accordingly, it is ORDERED AND ADJUDGED that the Clerk SHALL ENTER DEFAULT against Defendant CGTD Enterprises, Inc. for failure to defend. The Clerk shall mail a copy of this Order to Defendant at its address of record. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/27/2020. (gie)
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Filing 17
PAPERLESS ORDER DISMISSING CASE WITHOUT PREJUDICE AGAINST DEFENDANTS CALVIN GRIFFITHS AND CYNTHIA GRIFFITHS. THIS CAUSE is before the Court on a sua sponte review of the record. Plaintiff filed the Complaint on December 9, 2019. After 90 days had passed since the filing of the Complaint, the Court provided Plaintiff 10 additional days to effectuate service on Defendants Calvin Griffiths and Cynthia Griffiths or to show cause why this case should not be dismissed as to those Defendants for lack of service. (D.E. 15.) As of the date of this Order, Plaintiff failed to file proof of service or otherwise respond to the Court's Order. Accordingly, it is ORDERED AND ADJUDGED that the Complaint #1 filed December 9, 2019 by Plaintiff Celia Reyes Bermudez is hereby DISMISSED without prejudice as to Defendants Calvin Griffiths and Cynthia Griffiths for lack of service pursuant to Federal Rule of Civil Procedure 4(m). This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/23/2020. (gie)
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| Filing 16 NOTICE of Compliance by CGTD Enterprises, Inc. re 13 Order on Motion to Withdraw as Attorney,,,,,, 14 Amended Order,,,,,, (Jolly, Kamilah) |
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Filing 15
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE is before the Court upon a sua sponte review of the record. Plaintiffs filed the Complaint on December 9, 2019. Over 90 days have passed and Defendants Calvin Griffiths and Cynthia Griffiths have not been served. Based on the Court's review of the record, it is ORDERED AND ADJUDGED that, pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff shall have ten (10) days from the date of this Order to serve Defendants Calvin Griffiths and Cynthia Griffiths or show cause why this case should not be dismissed as to those Defendants for lack of service. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/10/2020. (gie)
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Filing 14
PAPERLESS AMENDED ORDER GRANTING #12 Motion to Withdraw as Attorney of Record and Request to be Removed from the Service List. Due to the irreconcilable differences between Defendant CGTD Enterprises and its attorneys Kamilah Jolly and Christopher Myers, and given the fact that Defendant refuses to communicate with counsel, cooperate with counsel, and follow counsel's legal advice, (Mot. at 1), and because Defendant consents to the withdrawal, the Court finds that counsel should be permitted to withdraw. S.D. Fla. L.R. 11.1(d)(4). Accordingly, it is ORDERED AND ADJUDGED that counsel's #12 Motion to Withdraw as Attorney of Record and Request to be Removed from the Service List is GRANTED. The Court instructs counsel to provide Defendant a copy of this Order, and to thereafter file a Notice of Compliance on the docket indicating compliance with that instruction. Thereafter, the Clerk shall remove counsel from the Service list.As a corporate entity, Defendant is prohibited from proceeding without counsel. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985). Because a corporation cannot appear pro se, but can only act through agents, id., it is FURTHER ORDERED AND ADJUDGED that Defendant CGTD Enterprises shall have until and including March 26, 2020 to hire new counsel, evidenced by a Notice of Appearance on the docket, or SHOW CAUSE why default should not be entered against it.This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/5/2020. (gie)
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Filing 13
PAPERLESS ORDER GRANTING #12 Motion to Withdraw as Attorney of Record and Request to be Removed from the Service List. Due to the irreconcilable differences between Defendant CGTD Enterprises and its attorneys Kamilah Jolly and Christopher Myers, and given the fact that Defendant refuses to communicate with counsel, cooperate with counsel, and follow counsel's legal advice, (Mot. at 1), and because Defendant consents to the withdrawal, the Court finds that counsel should be permitted to withdraw. S.D. Fla. L.R. 11.1(d)(4). Accordingly, it is ORDERED AND ADJUDGED that counsel's #12 Motion to Withdraw as Attorney of Record and Request to be Removed from the Service List is GRANTED. The Court instructs counsel to provide Defendant a copy of this Order, and to thereafter file a Notice of Compliance on the docket indicating compliance with that instruction. Thereafter, the Clerk shall remove counsel from the Service list.As a corporate entity, Defendant is prohibited from proceeding without counsel. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985). Because a corporation cannot appear pro se, but can only act through agents, id., it is FURTHER ORDERED AND ADJUDGED that Defendant CGTD Enterprises shall have until and including March 26, 2020 to hire new counsel, evidenced by a Notice of Appearance on the docket, or SHOW CAUSE why this case should not be dismissed for lack of prosecution and failure to comply with the Court's Orders.This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/5/2020. (gie)
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| Filing 12 MOTION to Withdraw as Attorney with client consent attached as Exhibit A by Kamilah Jolly & Christopher Myers for / by CGTD Enterprises, Inc.. Responses due by 3/18/2020 (Jolly, Kamilah) |
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Filing 11
ORDER setting settlement conference (Settlement Conference set for 4/17/2020 10:30 AM in Miami Division before Ch. Magistrate Judge John J. O'Sullivan). Signed by Ch. Magistrate Judge John J. O'Sullivan on 2/7/2020. See attached document for full details. (mkr)
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| Filing 10 ANSWER and Affirmative Defenses to Complaint by CGTD Enterprises, Inc.. Attorney Kamilah M. Jolly added to party CGTD Enterprises, Inc.(pty:dft). (Attachments: #1 Notice of Appearance)(Jolly, Kamilah) |
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Filing 9
PAPERLESS ORDER DENYING AS MOOT #8 Plaintiff's Motion for Enlargement of Time to File Amended Complaint Nunc Pro Tunc. Plaintiff's Motion is premised on the incorrect assumption that the Court's #4 Notice of Court Procedure in Actions Brought Under The Fair Labor Standards Act ("Notice") requires Plaintiff to file both a Statement of Claim and an Amended Complaint. (See Mot. at 1-2.) The Court's Notice states: "Plaintiff is directed to file a 'Statement of Claim' and/or file an Amended Complaint...." (Notice at 2 (emphasis added).) Thus, while the Court's Notice permits Plaintiff to file both a Statement of Claim and an Amended Complaint, it only requires one or the other. Here, Plaintiff filed a #6 Statement of Claim pursuant to the Court's Notice; therefore, she is not required to file an Amended Complaint. Accordingly, Plaintiff's #8 Plaintiff's Motion for Enlargement of Time to File Amended Complaint Nunc Pro Tunc is DENIED AS MOOT. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 1/15/2020. (gie)
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| Filing 8 Plaintiff's MOTION for Extension of Time To File Amended Complaint Nunc Pro Tunc re #4 Notice of Court Practice/to Appear/Other,, Order Referring Case to Magistrate Judge, by CELIA REYES BERMUDEZ. Responses due by 1/29/2020 (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 CELIA REYES BERMUDEZ. CGTD Enterprises, Inc. served on 1/15/2020, answer due 2/5/2020. (Attachments: #1 Appendix of Service on CGTD)(Pollock, Brian) |
| Filing 6 Statement of: Claim by CELIA REYES BERMUDEZ re #4 Notice of Court Practice/to Appear/Other,, Order Referring Case to Magistrate Judge, (Pollock, Brian) |
| Filing 5 CASE REFERRED to Ch. Magistrate Judge John J. O'Sullivan re: DE #4 . (jmd) |
| Filing 4 Notice of Court Procedure in Actions Brought Under The Fair Labor Standards Act and Referral to Magistrate Judge John J. O'Sullivan for Settlement Conference. Signed by Judge Joan A. Lenard on 12/11/19. See attached document for full details. (dp) |
| Filing 3 Summons Issued as to CGTD Enterprises, Inc., CALVIN GRIFFITHS, CYNTHIA GRIFFITHS. (Attachments: #1 Summon(s), #2 Summon(s))(ebz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Joan A. Lenard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan 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-12209413, filed by CELIA REYES BERMUDEZ. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) CGTG, #3 Summon(s) CY REYES, #4 Summon(s) CA REYES)(Pollock, Brian) |
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