Aguirre v. PDS F&B OPCO, LLC
Plaintiff: Luz Aguirre
Defendant: PDS F&B OPCO, LLC
Case Number: 1:2020cv23700
Filed: September 4, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Nature of Suit: Labor: Fair Standards
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 5, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 5, 2021 Filing 24 Joint MOTION for Settlement Agreement by PDS F&B OPCO, LLC. Responses due by 1/19/2021 (Martin, Meagan)
December 30, 2020 Opinion or Order Filing 23 PAPERLESS ORDER administratively closing case in light of #22 Report of Mediation, 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 (jsi)
December 22, 2020 Filing 22 FINAL MEDIATION REPORT by Karen Evans. Disposition: Settled in full.(Evans, Karen)
November 24, 2020 Filing 21 PAPERLESS Minute Entry for Zoom proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Settlement Conference held on 11/24/2020. Total time in court: 2 hour(s) : 22 minutes. Attorney Appearance(s): Jason Saul Remer appeared on behalf of the Plaintiff. The Plaintiff was present with a Spanish interpreter. Meagan Leigh Martin appeared on behalf of the Defendant. Defendant's Representatives, Mahmoud Abousalem, East Coast Regional Manager and Maritza Castellano, Human Resources Director were present. Impasse Declared. See D.E. #20 Notice of Outcome of Settlement Conference. (Digital 10:41:18 - 10:55:58 and 13:00:39 - 13:02:20) (sl)
November 24, 2020 Filing 20 NOTICE OF OUTCOME OF SETTLEMENT CONFERENCE. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 11/24/2020. See attached document for full details. (apa)
November 4, 2020 Filing 19 NOTICE of Attorney Appearance by Meagan Leigh Martin on behalf of PDS F&B OPCO, LLC. Attorney Meagan Leigh Martin added to party PDS F&B OPCO, LLC(pty:dft). (Martin, Meagan)
November 2, 2020 Filing 18 NOTICE of Mediator Selection and Hearing. Selected/Added Karen Evans as Mediator. Mediation Hearing set for 12/15/2020 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order)(Remer, Jason)
October 23, 2020 Opinion or Order Filing 17 Order Scheduling Settlement Conference. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 10/23/2020. See attached document for full details. (apa)
October 20, 2020 Opinion or Order Filing 16 SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE (Jury Trial set for 6/21/2021 before Judge Darrin P. Gayles., Calendar Call set for 6/16/2021 09:30 AM before Judge Darrin P. Gayles., Status Conference set for 1/13/2021 10:00 AM before Judge Darrin P. Gayles.), (Mediation Deadline 1/5/2021.), Referring Case to Magistrate Judge Alicia M. Otazo-Reyes for all Discovery Matters. Signed by Judge Darrin P. Gayles on 10/20/2020. See attached document for full details. (jbs) #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.
October 20, 2020 Opinion or Order Filing 15 PAPERLESS ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for a Settlement Conference to occur within ninety (90) days of the date of this Order. The parties shall contact Judge Otzao-Reyes' chambers directly to schedule the conference. Signed by Judge Darrin P. Gayles (hs01)
October 19, 2020 Filing 14 Joint SCHEDULING REPORT - Rule 26(f) by Luz Aguirre (Attachments: #1 Text of Proposed Order)(Remer, Jason)
October 19, 2020 Filing 13 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by PDS F&B OPCO, LLC (Ackerbaum Cox, Joyce)
October 16, 2020 Filing 12 Defendant's RESPONSE to #9 Statement of Claim by PDS F&B OPCO, LLC. (Ackerbaum Cox, Joyce)
October 5, 2020 Opinion or Order Filing 11 PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before October 19, 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 See attached document for full details. (hs01)
October 1, 2020 Filing 10 NOTICE of Compliance Statement of Claim by Luz Aguirre (Fernandez-Soto, Sergio)
September 29, 2020 Filing 9 Statement of: Claim by Luz Aguirre (Fernandez-Soto, Sergio)
September 11, 2020 Filing 8 Corporate Disclosure Statement by PDS F&B OPCO, LLC (Ackerbaum Cox, Joyce)
September 11, 2020 Filing 7 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by PDS F&B OPCO, LLC. (Ackerbaum Cox, Joyce)
September 8, 2020 Filing 6 NOTICE of Attorney Appearance by Sergio Fernandez-Soto on behalf of Luz Aguirre. Attorney Sergio Fernandez-Soto added to party Luz Aguirre(pty:pla). (Fernandez-Soto, Sergio)
September 4, 2020 Opinion or Order 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 September 18, 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 (hs01)
September 4, 2020 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 (hs01)
September 4, 2020 Filing 3 Clerks Notice to Filer re: Electronic Case. Incorrect Party Role Selected. The Filer failed to select the correct party role. The correction was made. It is not necessary to re-file this document. (pcs)
September 4, 2020 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. (pcs)
September 4, 2020 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - State Court Complaint) Filing fee $ 400.00 receipt number AFLSDC-13468760, filed by PDS F&B OPCO, LLC. (Attachments: #1 Exhibit A - STATE COURT FILE, #2 Civil Cover Sheet)(Ackerbaum Cox, Joyce) No Answer/Motion to Dismiss filed. Modified on 9/4/2020 (pcs).

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Aguirre v. PDS F&B OPCO, LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: PDS F&B OPCO, LLC
Represented By: Joyce Ackerbaum Cox
Represented By: Meagan Leigh Martin
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Luz Aguirre
Represented By: Miriam Brooks
Represented By: Jason Saul Remer
Represented By: Sergio Fernandez-Soto
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?