Mayorga v. T & G Painting, Inc. et al
| Jose Maria Mayorga |
| T & G Painting, Inc. and Octavio Toruno |
| 1:2020cv22940 |
| July 16, 2020 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Alicia M Otazo-Reyes |
| Labor: Fair Standards |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 15 Defendant's RESPONSE to #10 Statement of Claim by T & G Painting, Inc., Octavio Toruno. (Diaz, Ena) |
Filing 14
Scheduling Order Setting Civil Trial Date and Pretrial Schedule, Requiring Mediation, and Referring Certain Motions to Magistrate Judge. Referring Case to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. (Mediation Deadline 12/14/2020.), (Jury Trial set for 5/24/2021 before Judge Darrin P. Gayles., Calendar Call set for 5/19/2021 09:30 AM before Judge Darrin P. Gayles., Status Conference set for 1/13/2021 10:00 AM before Judge Darrin P. Gayles.) Signed by Judge Darrin P. Gayles on 8/17/2020. See attached document for full details. (jbs)
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| Filing 13 Joint Election to Jurisdiction for Final Disposition of Motions . Filed by Jose Maria Mayorga (Ramirez-Toro, Yadhira) |
| Filing 12 Joint SCHEDULING REPORT - Rule 16.1 by Jose Maria Mayorga (Attachments: #1 Text of Proposed Order proposed scheduling order)(Ramirez-Toro, Yadhira) |
| Filing 11 Defendant's Corporate Disclosure Statement by T & G Painting, Inc., Octavio Toruno (Diaz, Ena) |
| Filing 10 Statement of: claim by Jose Maria Mayorga re 6 Notice of Court Practice/to Appear/Other,,,,,,, (Ramirez-Toro, Yadhira) |
| Filing 9 Notice of Pending, Refiled, Related or Similar Actions by Jose Maria Mayorga (Walls, Tanesha) |
| Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement by Jose Maria Mayorga (Walls, Tanesha) |
| Filing 7 NOTICE of Attorney Appearance by Yadhira Ramirez-Toro on behalf of Jose Maria Mayorga. Attorney Yadhira Ramirez-Toro added to party Jose Maria Mayorga(pty:pla). (Ramirez-Toro, Yadhira) |
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Filing 6
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 August 7, 2020. Plaintiff(s) 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 Defendant(s) once an appearance has been made or at the time the Statement of Claim is filed (if defense counsel has already appeared). Defendant(s) 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 (jsi)
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Filing 5
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before August 13, 2020, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles (jsi)
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| Filing 4 Defendants' ANSWER and Affirmative Defenses to Complaint re the Notice of Removal and Defenses by T & G Painting, Inc., Octavio Toruno. (Diaz, Ena) |
| Filing 3 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 (jsi) |
| 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. (jbs) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint (Opt-In Pursuant to 29 USC 216(B)) Filing fee $ 400.00 receipt number AFLSDC-13192213, filed by Octavio Toruno, T & G Painting, Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A: Plaintiff's Complaint, #3 Exhibit Exhibit B: Summons (Both Parties), #4 Exhibit Exhibit C: Notice to State Court of Removal)(Diaz, Ena)(No Answer/Motion to Dismiss Filed) Modified text on 7/16/2020 (jbs). |
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