SARMIENTO SUAREZ v. ROCK & DIRT CONSTRUCTION EQUIPMENT RENTAL, LLC et al
| MARTIN E. SARMIENTO SUAREZ |
| RICARDO LOPEZ and ROCK & DIRT CONSTRUCTION EQUIPMENT RENTAL, LLC |
| 1:2020cv21674 |
| April 22, 2020 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Labor: Fair Standards |
| 15 U.S.C. § 0002 |
| Plaintiff |
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| Filing 14 NOTICE of Settlement by MARTIN E. SARMIENTO SUAREZ (Pollock, Brian) |
Filing 13
PAPERLESS ORDER REASSIGNING CASE. PURSUANT to 28 U.S.C. 636(c), Magistrate Judge Rule 1(h) of the Local Rules of the Southern District of Florida, and with the consent of the parties, as stated in the Parties' Joint Consent to U.S. Magistrate Judge Jurisdiction #12 , the above-captioned cause is referred entirely to United States Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law, including, if necessary, a jury or non-jury trial and entry of final judgment. In the course of conducting any such proceedings, Magistrate Judge Becerra may hear and determine any and all pre-trial and post-trial motions, including case-dispositive motions. Signed by Chief Judge K. Michael Moore on 6/8/2020. (tsr)
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| Filing 12 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by MARTIN E. SARMIENTO SUAREZ (Pollock, Brian) |
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Paperless Order Cancelling Hearing. Based upon the filing of the Notice of Settlement by Martin E. Sarmiento Suarez, ECF No. #14 , the Telephonic Settlement Conference scheduled for 9:00 A.M. on June 9, 2020, before Magistrate Judge Jacqueline Becerra, ECF No. 10 , is hereby cancelled. Signed by Magistrate Judge Jacqueline Becerra on 6/8/2020. (bpt)
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| Filing 11 Defendant's RESPONSE to #8 Statement of Claim by ROCK & DIRT CONSTRUCTION EQUIPMENT RENTAL, LLC. (Vance, Kevin) |
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Filing 10
PAPERLESS ORDER SETTING TELEPHONIC SETTLEMENT CONFERENCE: A Telephonic Settlement Conference is set for 9:00 A.M. on June 9, 2020, in Miami Division, before Magistrate Judge Jacqueline Becerra (USA Toll-Free Number: 866-390-1828; Access Code: 2046890). Parties should note that: (1) The Conference shall be conducted without a court reporter and will not be tape recorded. All representations made at the Conference shall remain confidential. However, if a settlement is reached, the Court may require the parties to state the material terms of the agreement on the Court record. (2) The parties are not required to submit any statements/documentation in preparation for the Conference. However, counsel for Plaintiff(s) should be prepared to provide the Court with billing and/or time records to support an award of fees, should the parties decide to reach an agreement on attorneys' fees as part of the settlement. (3) Each counsel is required to confer with their client(s) regarding settlement prior to the Settlement Conference. (4) Counsel must confer with each other by phone to discuss their respective settlement positions, and to exchange settlement offers before the date of the Settlement Conference set above. Signed by Magistrate Judge Jacqueline Becerra on 5/19/2020. (bpt)
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| Filing 9 WAIVER OF SERVICE Returned Executed by MARTIN E. SARMIENTO SUAREZ. All Defendants. (Attachments: #1 Appendix Executed Waivers of Service)(Pollock, Brian) |
| Filing 8 Statement of: Claim by MARTIN E. SARMIENTO SUAREZ re 5 Pretrial Order,,,,,,,,,,,,,,,,,,,,, (Attachments: #1 Exhibit "A")(Pollock, Brian) |
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Filing 7
PAPERLESS ORDER REGARDING PROCEDURES TO SET SETTLEMENT CONFERENCE. To set the Settlement Conference within the deadlines mandated by the District Court, ECF No. 5 , counsel for Plaintiff shall send an e-mail, to chambers_becerra@flsd.uscourts.gov, on or before the date that Defendants' Response to Plaintiff's Statement of Claim is due. The e-mail shall list at least three different dates and times where all counsel and parties are available for the Settlement Conference. The Court prefers to set settlement conferences in FLSA cases on Tuesdays and Thursdays at 9:00 a.m., 12:00 p.m., or 3:00 p.m. If counsel and the parties are not available on those dates and times, they are permitted to propose other dates and times, but all proposed dates must be within the deadline set by the District Court. Plaintiff's counsel shall copy all counsel on the e-mail to chambers. Failure to submit proposed dates by the deadline will result in the Court setting the conference unilaterally. The Settlement Conference will not be continued absent compelling circumstances (i.e., counsel has a conflict with another court hearing). In providing dates for the Settlement Conference, counsel should note that: (1) The Settlement Conference must be attended, except as provided under Local Rule 16.2(e) for public-sector entities, by counsel of record and each party, or representatives of each party with full authority to enter into a complete settlement. (2) In the event that a monetary settlement would be payable from proceeds of an insurance policy, a claims professional/representative(s) from the party's insurer, with full and final authority to authorize payment to settle the matter up to the full limits of the party's policy shall be present. The failure of a party representative with full and final authority to make and accept offers of settlement to attend this Conference may result in the undersigned's sua sponte recommendation to the District Judge that sanctions be entered against the offending party. Signed by Magistrate Judge Jacqueline Becerra on 5/6/2020. (bpt)
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Filing 6
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Jacqueline Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 4/23/2020. (tsr)
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Filing 5
PAPERLESS NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. This is a Fair Labor Standards Act case in which Plaintiff seeks unpaid wages. In order to assist the Court in the management of the case, and in an effort to foster its early and cost effective resolution, the Parties are hereby ordered that: 1. Plaintiff shall file a Statement of Claim (the Statement) setting forth the amount of alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g., overtime or regular) within twenty (20) days from the date of this Notice. Plaintiff shall promptly serve a copy of this Notice, the Statement, and copies of all documents supporting Plaintiff's claims (e.g., time sheets, pay stubs, etc.), on Defendant's counsel when counsel for Defendant first appears in the case or at the time of filing if Defendant's counsel has already appeared. The Statement shall include all attorneys fees and costs incurred to date. With respect to attorney's fees, provide the hourly rate sought and the number of hours expended by each person billing time. 2. Defendant shall file a Response within fifteen (15) days of receiving service of Plaintiff's statement. This Response shall set forth in detail Defendants defenses to Plaintiff's claims. Defendant shall serve copies of all documents in support thereof on Plaintiff. 3. Referral to Magistrate for Settlement Conference. Pursuant to Rule 1 of the Magistrate Rules of the Southern District of Florida, the Parties shall conduct a Settlement Conference before Magistrate Judge Jacqueline Becerra within twenty (20) days after the date that Defendant's Response is due. Plaintiff's counsel must confer with defense counsel and contact the Chambers of Magistrate Judge Jacqueline Becerra on, or before, the date that Defendant's Response is due to schedule a date for the Settlement Conference. The Settlement Conference date may not be extended without prior approval from Magistrate Judge Becerra. Absent an extension from Magistrate Judge Becerra, the Parties shall complete their Settlement Conference within fifty-five (55) days of this Notice. If the Parties reach an agreement during the Settlement Conference the Parties shall file the agreement with the undersigned within five (5) days of the Settlement Conference. If the Parties wish to file the settlement agreement as a sealed document, they must file a Motion to Seal that provides compelling reasons for the Court to allow them to do so. See Brown v. Advantage Eng'g, Inc., 960 F.2d 1013, 1016 (11th Cir. 1992) ("If a settlement agreement is filed with the court for approval or interpretation, then the parties must demonstrate extraordinary circumstances in order to deny the public access to the agreement."); see also Hanson v. Wells Fargo Bank, N.A., No. 08-80182-CIV, 2009 WL 1490582, at *1 (S.D. Fla. May 26, 2009) ("'[A] business's general interest in keeping its legal proceedings private does not overcome the presumption of openness' in FLSA cases.") (citing Stalnaker v. Novar Corp., 293 F. Supp. 2d 1260, 1264 (M.D. Ala. 2003)). The undersigned will review the agreement and determine whether it is a fair and reasonable resolution of a bona fide dispute over FLSA issues. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982). If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. If no settlement is reached, the Parties shall file a Joint Scheduling Report within fourteen (14) days after the Settlement Conference. 4. Except as provided under Local Rule 16.2.E for public-sector entities, the appearance of counsel and each party, or representatives of each party with full authority to enter into a full and complete compromise and settlement, is mandatory. Appearance shall be in person; telephonic appearance is prohibited. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the settlement conference shall be confidential and privileged. Nothing disclosed in the settlement conference can be used for any purpose except settlement. 6. Settlement. If this case is settled, counsel must inform the Court within three (3) days by calling Chambers. 7. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. 8. Non-compliance with Order. Non-compliance with any provision of this Order, the Federal Rules of Civil Procedure, and/or the Local Rules of Court, may subject the offending party to sanctions or dismissal. It is the duty of all counsel to take all actions necessary to comply with this Order to ensure an expeditious resolution of this matter. Signed by Chief Judge K. Michael Moore on 4/23/2020. (tsr)
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| Filing 4 Summons Issued as to RICARDO LOPEZ. (drz) |
| Filing 3 Summons Issued as to ROCK & DIRT CONSTRUCTION EQUIPMENT RENTAL, LLC. (drz) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (drz) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-12778964, filed by MARTIN E. SARMIENTO SUAREZ. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) ROCK & DIRT, #3 Summon(s) LOPEZ)(Pollock, Brian) |
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