Rivero Aleman v. A&J General Contractors Corp. et al
Plaintiff: Rogelio Rivero Aleman
Defendant: Miguel A. Guerrero, Jr., Miguel A. Guerrero, Sr. and A&J General Contractors Corp.
Case Number: 1:2020cv22723
Filed: July 1, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Marcia G Cooke
Referring Judge: Jonathan Goodman
Nature of Suit: Labor: Fair Standards
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 18, 2020 Filing 28 REPLY to Response to Motion re #19 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Regarding Count III filed by A&J General Contractors Corp.. (Lechich, Brian)
August 18, 2020 Filing 27 Joint Election to Jurisdiction for Final Disposition of Motions . Filed by A&J General Contractors Corp. (Lechich, Brian)
August 17, 2020 Opinion or Order Filing 26 ENDORSED ORDER granting #25 Motion for Extension of Time. Plaintiff shall respond to #20 A & J General Contractors Corp.'s Motion for Summary Judgment on or before September 11, 2020. Signed by Judge Marcia G. Cooke on 8/17/2020. (kou)
August 17, 2020 Filing 25 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #20 MOTION for Summary Judgment and Supporting Memorandum of Law by Rogelio Rivero Aleman. (Attachments: #1 Text of Proposed Order)(Pollock, Brian)
August 11, 2020 Filing 24 RESPONSE in Opposition re #19 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Regarding Count III filed by Rogelio Rivero Aleman. Replies due by 8/18/2020. (Pollock, Brian)
August 7, 2020 Filing 23 NOTICE of Compliance with Court Orders by A&J General Contractors Corp. re #3 Order Referring Case to Magistrate Judge, Set/Reset Deadlines/Hearings, Notice of Court Practice/to Appear/Other, #15 Scheduling Order, (Lechich, Brian)
August 7, 2020 Filing 22 Statement of: Response to Plaintiff's Statement of Claim by A&J General Contractors Corp. re #13 Statement (Lechich, Brian)
August 7, 2020 Filing 21 Statement of: Undisputed Material Facts Supporting Motion for Final Summary Judgment by A&J General Contractors Corp. re #20 MOTION for Summary Judgment and Supporting Memorandum of Law (Attachments: #1 Exhibit 1 - Settlement Agreement, #2 Exhibit 2 - General Release, #3 Exhibit 3 - Order Under Section 444.20, Fla. Stat., #4 Exhibit 4 - June 19, 2019 Demand Letter)(Lechich, Brian)
August 7, 2020 Filing 20 MOTION for Summary Judgment and Supporting Memorandum of Law by A&J General Contractors Corp.. Responses due by 8/21/2020 (Lechich, Brian)
August 6, 2020 Filing 19 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Regarding Count III by A&J General Contractors Corp.. Responses due by 8/20/2020 (Attachments: #1 Text of Proposed Order Exhibit 1)(Lechich, Brian)
July 30, 2020 Opinion or Order Filing 18 ENDORSED ORDER Scheduling Mediation. The mediation conference in this matter shall be held with Neil Flaxman, Esq., on October 6, 2020, at 10:00 a.m., via Zoom teleconference. This date shall not be rescheduled outside of the deadline for mediation set forth in the scheduling order without leave of Court. Failure to comply with this Order may result in sanctions. Within five days following the mediation conference, the Mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. Signed by Judge Marcia G. Cooke on 7/30/2020. (kou)
July 30, 2020 Filing 17 Plaintiff's NOTICE of Mediation Hearing. Mediation Hearing set for 10/06/2020 at 10:00 a.m. (Attachments: #1 Text of Proposed Order)(Pollock, Brian)
July 30, 2020 Filing 16 Plaintiff's NOTICE of Mediator Selection. Selected/Added Rogelio Rivero Aleman, Neil Flaxman as Mediator. (Pollock, Brian)
July 23, 2020 Opinion or Order Filing 15 ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES. Signed by Judge Marcia G. Cooke on 7/23/2020. See attached document for full details. (kou) #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.
July 23, 2020 Filing 14 NOTICE of Compliance by Rogelio Rivero Aleman re #3 Order Referring Case to Magistrate Judge, Set/Reset Deadlines/Hearings, Notice of Court Practice/to Appear/Other (Pollock, Brian)
July 23, 2020 Filing 13 Statement of: Claim by Rogelio Rivero Aleman re #3 Order Referring Case to Magistrate Judge, Set/Reset Deadlines/Hearings, Notice of Court Practice/to Appear/Other (Attachments: #1 Exhibit "A")(Pollock, Brian)
July 16, 2020 Filing 12 NOTICE OF WITHDRAWAL OF MOTION by A&J General Contractors Corp. re #6 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), and Lack of Service of Process filed by A&J General Contractors Corp. and Notice of Acceptance of Summons and Complaint (Lechich, Brian)
July 10, 2020 Filing 11 RESPONSE in Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), and Lack of Service of Process filed by Rogelio Rivero Aleman. Replies due by 7/17/2020. (Attachments: #1 Exhibit "A", #2 Exhibit "B")(Pollock, Brian)
July 10, 2020 Filing 10 Summons Issued as to A&J General Contractors Corp., Miguel A. Guerrero, Jr.. (jas)
July 9, 2020 Filing 9 NOTICE of Filing Proposed Summons(es) by Rogelio Rivero Aleman re #1 Notice of Removal (State Court Complaint), filed by A&J General Contractors Corp. (Attachments: #1 Summon(s) A & J General Contractors Corp., #2 Summon(s) Miguel A. Guerrero, Jr.) (Pollock, Brian)
July 7, 2020 Filing 8 Clerks Notice to Filer re: Summons(es) cannot be issued. The parties, Miguel A. Guerro Jr., on the summons(es) does not match the initiating documents (jas)
July 7, 2020 Filing 7 Summons Issued as to Miguel A. Guerrero, Sr.. (jas)
July 7, 2020 Filing 6 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), and Lack of Service of Process by A&J General Contractors Corp.. Responses due by 7/21/2020 (Attachments: #1 Exhibit 1 - Compensation Order)(Lechich, Brian)
July 6, 2020 Filing 5 NOTICE of Filing Proposed Summons(es) by Rogelio Rivero Aleman re #1 Notice of Removal (State Court Complaint), filed by A&J General Contractors Corp. (Attachments: #1 Summon(s) A & J, #2 Summon(s) Guerrero, Sr., #3 Summon(s) Guerrero, Jr.) (Pollock, Brian)
July 2, 2020 Opinion or Order Filing 4 ENDORSED ORDER Regarding Phone Calls to Chambers. The following rules apply in this and all other civil matters pending before Judge Marcia G. Cooke: 1. Do not call Chambers to ask about the status of pending motions, including motions for extension of time. The Court is aware of all pending motions and will address each of them in due course. 2. Do not call Chambers if the information you seek, or seek to provide, can be conveyed through a filing on the docket. 3. Do not call Chambers if the information you seek is available from other sources, including Court Orders and the Local Rules. 4. If you call Chambers for a permissible purpose, counsel for all affected parties must be on the line. Calls from non-attorneys and ex parte calls will not be accepted. Signed by Judge Marcia G. Cooke on 7/2/2020. (kou)
July 2, 2020 Opinion or Order Filing 3 ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Signed by Judge Marcia G. Cooke on 7/2/2020. See attached document for full details. (kou)
July 1, 2020 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. (jas)
July 1, 2020 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number AFLSDC-13114137, filed by A&J General Contractors Corp.. (Attachments: #1 Exhibit 1 - State Court Complaint, #2 Exhibit 2 - State Court Filings & Docket, #3 Civil Cover Sheet)(Lechich, Brian)

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Plaintiff: Rogelio Rivero Aleman
Represented By: Brian Howard Pollock
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Defendant: Miguel A. Guerrero, Jr.
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Defendant: Miguel A. Guerrero, Sr.
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Defendant: A&J General Contractors Corp.
Represented By: Brian John Lechich
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