RAMIREZ-MALAGON v. Ricky Bakery II, Inc. et al
| ROBERTO RAMIREZ-MALAGON |
| RICHARD ALVAREZ-GUERRA RIVERA and Ricky Bakery II, Inc. |
| 1:2019cv25305 |
| December 27, 2019 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Labor: Fair Standards |
| 29 U.S.C. ยง 0201 |
| Plaintiff |
Docket Report
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Filing 10
PAPERLESS ORDER administratively closing case in light of #9 Notice of Settlement, which indicates that this matter has settled in full. The parties are hereby notified that, within thirty (30) days of the date of this Order, they must file a Stipulation or Notice of Dismissal and/or Settlement Agreement along with any other pertinent document necessary to conclude this action. Any pending motions are denied as moot. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 9 NOTICE of Settlement by RICHARD ALVAREZ-GUERRA RIVERA, Ricky Bakery II, Inc.. Attorney Edilberto O. Marban added to party RICHARD ALVAREZ-GUERRA RIVERA(pty:dft), Attorney Edilberto O. Marban added to party Ricky Bakery II, Inc.(pty:dft). (Marban, Edilberto) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ROBERTO RAMIREZ-MALAGON. RICHARD ALVAREZ-GUERRA RIVERA served on 1/6/2020, answer due 1/27/2020. (Zacarias, Christopher) |
| 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 ROBERTO RAMIREZ-MALAGON. Ricky Bakery II, Inc. served on 1/6/2020, answer due 1/27/2020. (Zacarias, Christopher) |
| Filing 6 Statement of: of Claim by ROBERTO RAMIREZ-MALAGON re 5 Notice of Court Practice/to Appear/Other,,,,,,, (Zacarias, Christopher) |
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Filing 5
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 January 23, 2020. Plaintiff 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 Defendants once an appearance has been made or at the time the Statement of Claim is filed (if defense counsel has already appeared). Defendants 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 (lfn)
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| Filing 4 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) |
| Filing 3 Summons Issued as to RICHARD ALVAREZ-GUERRA RIVERA, Ricky Bakery II, Inc. (pes) |
| 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. (pes) |
| Filing 1 COMPLAINT against Ricky Bakery II, Inc. et al. Filing fees $ 400.00 receipt number 113C-12260065, filed by ROBERTO RAMIREZ-MALAGON. (Attachments: #1 Summon(s), #2 Summon(s), #3 Civil Cover Sheet)(Zacarias, Christopher) Modified text on 12/27/2019 (pes). |
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