Shelton v. 11USA Group, LLC et al
| Destiny Shelton |
| 11USA Group, LLC dba E11even, Dennis DeGori, Frances K. Martin, Does 1 through 10, GR OPCO, LLC dba E11even Miami, 11USA Group, LLC, GR OPCO, LLC, 11USA Group, LLC a Florida Limited Liability Corporation doing business as E11EVEN and GR OPCO, LLC a Florida Limited Liability Corporation doing business as E11EVEN MIAMI |
| 1:2020cv21839 |
| May 1, 2020 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| Jonathan Goodman |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 17, 2021. A more recent docket listing may be available from PACER.
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Filing 46
PAPERLESS ORDER granting #45 Motion for Substitution of Counsel. Marissa D. Kelley, Esq., Dylan M. Fulop, and the Kelley Legal law firm are substituted as counsel of record for Defendants. Counsel from Lewis Brisbois shall have no further participation and is relieved of further responsibility in this action. All further notices, correspondence, orders and documents directed to Defendantsin this matter shall be served upon marissa@kelleylegalfl.com, dylan@kelleylegalfl.com, and assist@kelleylegalfl.com. Signed by Magistrate Judge Jonathan Goodman on 3/17/2021. (jzn)
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| Filing 45 STIPULATED MOTION for Substitution of Counsel. Substituting Marissa D. Kelley, Dylan M. Fulop for Christopher T. Perre by 11USA Group, LLC, Dennis DeGori, GR OPCO, LLC, Frances K. Martin. Responses due by 3/30/2021 (Attachments: #1 Exhibit Proposed Order)(Kelley, Marissa) |
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Filing 44
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; Granting in Part #30 Motion to Compel; Adopting #40 Report and Recommendations. Certificate of Appealability: No Ruling; Granting in Part #15 Motion to Compel Closing Case. Signed by Judge Marcia G. Cooke on 12/11/2020. See attached document for full details. (cds)
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| Case Stayed PER DE#44 (cds) |
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Filing 43
ENDORSED ORDER denying as moot #41 Motion to Dismiss; denying as moot #41 Motion to Dismiss for Lack of Jurisdiction. As opt-in plaintiff Danielle Cruz has voluntarily dismissed her individual claims without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) (ECF No. 42), the Court DENIES as moot Defendants' Motion to Dismiss. Signed by Judge Marcia G. Cooke on 12/9/2020. (rrt)
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| Filing 42 NOTICE of Voluntary Dismissal of Danielle Cruz's Individual Claims by Destiny Shelton (Dieppa, Raymond) |
| Filing 41 Defendant's MOTION to Dismiss with Prejudice #4 Notice of Consent to Join, , MOTION to Dismiss for Lack of Jurisdiction #4 Notice of Consent to Join, ( Responses due by 12/9/2020) by 11USA Group, LLC, Dennis DeGori, GR OPCO, LLC, Frances K. Martin. (Attachments: #1 Exhibit A)(Perre, Christopher) |
| Filing 40 REPORT AND RECOMMENDATIONS ON DEFENDANTS' #15 MOTION TO COMPEL ARBITRATION, TO STAY PROCEEDINGS AND TO DISMISS CLAIMS OF OPT-IN PLAINTIFFS AND #30 MOTION TO COMPEL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION. Objections to R&R due by 12/4/2020. Signed by Magistrate Judge Jonathan Goodman on 11/20/2020. See attached document for full details. (jzn) |
| Filing 39 NOTICE of Compliance by 11USA Group, LLC, Dennis DeGori, GR OPCO, LLC, Frances K. Martin re #38 Order (Perre, Christopher) |
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Filing 38
POST-HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 10/29/2020. See attached document for full details. (jzn)
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| Filing 37 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: ZOOM Motion Hearing held on 10/29/2020 re #15 MOTION to Compel Arbitration, to Stay Proceedings and to Dismiss Claims of OPT-IN Plaintiffs and #30 MOTION to Compel Arbitration and to Stay Proceedings Pending Arbitration . Post-Hearing Administrative Order to follow. Total time in court: 2 hour(s) : 15 minutes. Attorney Appearance(s): Marissa D. Kelley, John P. Kristensen, (Digital JG_01_10-29-2020/ ZOOM) (fbn) |
| SYSTEM ENTRY - Docket Entry 35 [misc] restricted/sealed until further notice. (1029346) |
| SYSTEM ENTRY - Docket Entry 36 [misc] restricted/sealed until further notice. (1643633) |
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Filing 34
PAPERLESS ORDER setting Zoom Motion Hearing on #15 Defendants' Motion to Compel Arbitration, to Stay Proceedings and to Dismiss Claims of Opt-In Plaintiffs and #30 Defendants' Motion to Compel Arbitration and to Stay Proceedings Pending Arbitration for 10/29/2020 at 10:00 am in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1603066417?pwd=UXZBZUZUem9yRjN4Wm55Uy9ZMkd5UT09 Meeting ID: 160 306 6417. Passcode: 687090. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 10/21/2020. (fbn)
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Filing 33
PAPERLESS ORDER scheduling Zoom Motion Hearing on #15 Defendants' Motion to Compel Arbitration, to Stay Proceedings and to Dismiss Claims of Opt-In Plaintiffs and #30 Defendants' Motion to Compel Arbitration and to Stay Proceedings Pending Arbitration for October 29, 2020 at 10:00 am in the Miami Division before Magistrate Judge Jonathan Goodman. The Court will make its own Zoom arrangements and will post the link information and instructions in a separate order before the Zoom hearing. The hearing is a digital version of an actual in-person hearing, so counsel(s) should dress as though they are appearing in court. The parties may, by October 26, 2020 at 5:00 pm, file under seal an optional list of four (4) specific, succinct questions which they would like the Undersigned to ask opposing counsel at the hearing. The questions may be about the factual record, the law, exhibits, the arguments raised in the briefing, or any other issue relevant to the Undersigned's analysis of the two motions. The questions should not be multiple lines long, with large introductions containing a substantial amount of introductory or background information. For example, attorneys sometimes participate in this optional procedure and submit questions beginning with, "Given that..., and given that..., and given that..., and in light of..., what legal authority supports your proposition that...?" The entire introduction starting with the first "given" and ending immediately before "what" is likely unnecessary and undermines the goal of the procedure. In fact, I have received questions which run on for more than half a page -- and sometimes an entire page -- and contain four or five sentences of "introduction" or "context." Those types of questions are not what I have in mind here. To the extent that the questions (which should be precise and pinpoint) concern exhibits, the parties may attach relevant exhibits to the under-seal list of questions. However, the parties should not indiscriminately file massive numbers of exhibits, nor should they file exhibits which run on for dozens of pages. It is highly unlikely that the Undersigned will be inclined to review more than an extremely modest number of pages of exhibits attached to the questions. By providing this alternative, the Undersigned is by no means suggesting that a party should attach exhibits to the questions. In fact, it might be better to simply refer to exhibits already filed (assuming the exhibits are not voluminous but, instead, are manageable and capable of being reviewed in the brief gap between the filing of the questions and the hearing). Although the Undersigned will carefully review all questions submitted, the mere fact that a party submitted a question does not necessarily mean that the Undersigned will in fact ask that specific question (or any of the questions, for that matter). The Undersigned may ask a question, may modify a question, may combine the question with another or may decide to skip the question entirely. To alleviate any conceivable concern that this procedure constitutes some type of ex parte procedure, the Undersigned will read out loud on the record every optional question submitted under seal by the parties, regardless of whether I will actually ask each question. At the risk of stating the obvious (but I do so because other counsel in other cases have asked), the under-seal questions need not be served on opposing counsel and need not be publicly filed on CM/ECF. Signed by Magistrate Judge Jonathan Goodman on 10/20/2020. (jzn)
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Filing 32
ENDORSED ORDER REFERRING #15 MOTION to Compel Arbitration, to Stay Proceedings and to Dismiss Claims of OPT-IN Plaintiffs filed by 11USA Group, LLC, Frances K. Martin, GR OPCO, LLC, Dennis DeGori, AND #30 MOTION to Compel Arbitration and to Stay Proceedings Pending Arbitration filed by 11USA Group, LLC, Frances K. Martin, GR OPCO, LLC, Dennis DeGori. Motions referred to U.S. Magistrate Judge Jonathan Goodman. Signed by Judge Marcia G. Cooke on 10/20/2020. (rrt)
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| Filing 31 RESPONSE in Opposition re #30 MOTION to Compel Arbitration and to Stay Proceedings Pending Arbitration filed by Destiny Shelton. Replies due by 10/20/2020. (Attachments: #1 Exhibit 1 - Declaration of Celina Konegen, #2 Exhibit 2 - Email re Opt-In Plaintiff Celina Konegen, #3 Exhibit 3 - 7.21.20 Scola Order, #4 Exhibit 4 - 10.6.20 Scola Order)(Dieppa, Raymond) |
| Filing 30 MOTION to Compel Arbitration and to Stay Proceedings Pending Arbitration by 11USA Group, LLC, Dennis DeGori, GR OPCO, LLC, Frances K. Martin. Responses due by 10/13/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order Proposed Order)(Perre, Christopher) |
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Filing 29
PAPERLESS ORDER granting #28 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jarrett L. Ellzey. Signed by Magistrate Judge Jonathan Goodman on 9/3/2020. (jzn)
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| Filing 28 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jarrett L. Ellzey. Filing Fee $ 200.00 Receipt # AFLSDC-13463080 by Destiny Shelton. Responses due by 9/17/2020 (Attachments: #1 Exhibit Certificate of Good Standing)(Dieppa, Raymond) |
| Filing 27 NOTICE OF CONSENT TO JOIN as party plaintiff by Raymond Renato Dieppa on behalf of Destiny Shelton (Attachments: #1 Exhibit Consent to Join Form of Celina Konega) (Dieppa, Raymond) |
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Filing 26
ENDORSED ORDER STRIKING #24 Notice of Supplemental Authority filed by Destiny Shelton. Plaintiff's notice of supplemental authority contains legal argument and is akin to a surreply. Plaintiff did not request leave to file a surreply, and the Court does not find good cause to grant such a request had it been made. See Local Rule 7.1(c). For this reason, the Court strikes the notice from the record. As the notice has been stricken, the Court denies as moot #25 Defendants' motion for leave to file a response to the notice. Signed by Judge Marcia G. Cooke on 7/29/2020. (rrt)
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| Filing 25 Unopposed MOTION for Leave to File / Respond to Plaintiffs' Notice of Supplemental Authority by 11USA Group, LLC, Dennis DeGori, GR OPCO, LLC, Frances K. Martin. Attorney Christopher Taylor Perre added to party 11USA Group, LLC(pty:dft), Attorney Christopher Taylor Perre added to party Dennis DeGori(pty:dft), Attorney Christopher Taylor Perre added to party GR OPCO, LLC(pty:dft), Attorney Christopher Taylor Perre added to party Frances K. Martin(pty:dft). (Attachments: #1 Exhibit A)(Perre, Christopher) |
| Filing 24 (STRICKEN PER DE#26)Notice of Supplemental Authority re #20 Response in Opposition to Motion, by Destiny Shelton (Attachments: #1 Exhibit A) (Dieppa, Raymond)Text Modified on 7/30/2020 (cqs). |
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Filing 23
ENDORSED ORDER granting #21 Motion for Extension of Time. The Court finds good cause to grant Defendants' Motion, and permits Defendants to file their reply in support of their motion to compel arbitration no later than July 22, 2020. The Court notes that the Reply memorandum is not attached to the instant motion as an exhibit as indicated. Nonetheless, the Court requires Defendants to separately file their Reply. Replies due by 7/22/2020. Signed by Judge Marcia G. Cooke on 7/22/2020. (rrt)
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| Filing 22 REPLY IN SUPPORT OF MOTION TO COMPEL ARBITRATION by 11USA Group, LLC, Dennis DeGori, GR OPCO, LLC, Frances K. Martin. (Attachments: #1 Exhibit A)(Kelley, Marissa) |
| Filing 21 MOTION for Extension of Time Nunc Pro Tunc by 11USA Group, LLC, Dennis DeGori, GR OPCO, LLC, Frances K. Martin. Responses due by 8/5/2020 (Attachments: #1 Text of Proposed Order)(Kelley, Marissa) |
| Filing 20 RESPONSE in Opposition re #15 MOTION to Compel Arbitration, to Stay Proceedings and to Dismiss Claims of OPT-IN Plaintiffs filed by Destiny Shelton. Replies due by 7/2/2020. (Attachments: #1 Declaration of John P. Kristensen, #2 Exhibit 1 to Declaration of John P. Kristensen)(Dieppa, Raymond) |
| Filing 19 Statement of: Claim of Naomi Smith by Destiny Shelton (Dieppa, Raymond) |
| Filing 18 Statement of: Claim of Destiny Shelton by Destiny Shelton (Dieppa, Raymond) |
| Filing 17 Statement of: Claim of Danielle Cruz by Destiny Shelton (Dieppa, Raymond) |
| Filing 16 Statement of: Claim of Myah Knighton-Black by Destiny Shelton (Dieppa, Raymond) |
| Filing 15 MOTION to Compel Arbitration, to Stay Proceedings and to Dismiss Claims of OPT-IN Plaintiffs by 11USA Group, LLC, Dennis DeGori, GR OPCO, LLC, Frances K. Martin. Attorney Marissa D. Kelley added to party 11USA Group, LLC(pty:dft), Attorney Marissa D. Kelley added to party Dennis DeGori(pty:dft), Attorney Marissa D. Kelley added to party GR OPCO, LLC(pty:dft), Attorney Marissa D. Kelley added to party Frances K. Martin(pty:dft). Responses due by 6/25/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kelley, Marissa) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Destiny Shelton. Dennis DeGori served on 5/21/2020, answer due 6/11/2020. (Dieppa, Raymond) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Destiny Shelton. GR OPCO, LLC served on 5/21/2020, answer due 6/11/2020. (Dieppa, Raymond) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Destiny Shelton. 11USA Group, LLC served on 5/21/2020, answer due 6/11/2020. (Dieppa, Raymond) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Destiny Shelton. Frances K. Martin served on 5/21/2020, answer due 6/11/2020. (Dieppa, Raymond) |
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Filing 10
PAPERLESS ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney John P. Kristensen. Signed by Magistrate Judge Jonathan Goodman on 5/29/2020. (jzn)
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| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John P. Kristensen. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #6 Motion to Appear Pro Hac Vice, by Destiny Shelton. Responses due by 6/11/2020 (Dieppa, Raymond) |
| Filing 8 NOTICE OF CONSENT TO JOIN as party plaintiff by Raymond Renato Dieppa on behalf of Destiny Shelton (Attachments: #1 Exhibit Consent Form for Wage Claim of Naomi Smith) (Dieppa, Raymond) |
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Filing 7
PAPERLESS ORDER denying #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney John P. Kristensen. According to the Clerk of Court, local counsel did not consent to electronically serve all documents and things that may be served electronically or consent to serving documents in compliance with the CM/ECF Administrative Procedures. A sample motion can be found on the Court's website. Signed by Magistrate Judge Jonathan Goodman on 5/27/2020. (jzn)
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| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John P. Kristensen. Filing Fee $ 200.00 Receipt # AFLSDC-12936574 by Destiny Shelton. Responses due by 6/9/2020 (Dieppa, Raymond) |
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Filing 5
ORDER OF REFERRAL to Magistrate Judge Jonathan Goodman for Pretrial Non-Dispositive Matters AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Signed by Judge Marcia G. Cooke on 5/22/2020. See attached document for full details. (cds)
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| Filing 4 NOTICE OF CONSENT TO JOIN as party plaintiff by Raymond Renato Dieppa on behalf of Destiny Shelton (Attachments: #1 Exhibit Consent Form for Wage Claim of Danielle Cruz, #2 Exhibit Consent Form for Wage Claim of Myah Knighton-Black) (Dieppa, Raymond) |
| Filing 3 Summons Issued as to 11USA Group, LLC, Dennis DeGori, GR OPCO, LLC, Frances K. Martin. (cds) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (cds) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-12830175, filed by Destiny Shelton. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) to 11USA Group, LLC dba E11even, #3 Summon(s) to Dennis DeGori, #4 Summon(s) to Frances K. Martin, #5 Summon(s) to GR OPCO, LLC dba E11even Miami)(Dieppa, Raymond) |
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