Tomas v. Liquor Lounge Cafe, Inc. et al
| Luciana Tomas |
| Bobby Wilcox, Lovett Hospitality Management doing business as Sand Bar + Kitchen, Christine Wilcox, Timothy Wilcox, Liquor Lounge Cafe, Inc. and Tmfw, Inc. doing business as Dewey's Tavern |
| 1:2020cv23887 |
| September 22, 2020 |
| US District Court for the Southern District of Florida |
| Robert N Scola |
| Edwin G Torres |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 20, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 RESPONSE TO ORDER TO SHOW CAUSE re 20 Order on Motion for Extension of Time,,,, by Luciana Tomas. (Kozolchyk, Elliot) |
| Filing 27 NOTICE of Compliance by Luciana Tomas re #4 Order Referring Case to Magistrate Judge, (Kozolchyk, Elliot) |
| Filing 26 RESPONSE TO ORDER TO SHOW CAUSE by Tmfw, Inc., Liquor Lounge Cafe, Inc., Lovett Hospitality Management. (Feld, Daniel) |
| Filing 25 NOTICE of Mediator Selection and Hearing. Selected/Added Lori Adelson as Mediator. Mediation Hearing set for 2/03/2021 at 10:30 a.m.. (Attachments: #1 Text of Proposed Order)(Feld, Daniel) |
| Filing 24 Clerks Notice to Filer re #23 Notice of Striking. Mediator Not Added; ERROR - The Filer failed to add the mediator re Lori Adelson. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the mediator. (mee) |
| Filing 23 NOTICE of Striking #21 Notice of Mediator Selection and/or Hearing filed by Cindy Hannah by Liquor Lounge Cafe, Inc. (Feld, Daniel) |
| Filing 22 Joint SCHEDULING REPORT - Rule 26(f) by Liquor Lounge Cafe, Inc., Lovett Hospitality Management, Tmfw, Inc. (Feld, Daniel) |
| Filing 21 STRICKEN-NOTICE of Mediator Selection and Hearing. Selected/Added Cindy Hannah as Mediator. Mediation Hearing set for 2/03/2021 at 10:30 a.m.. (Attachments: #1 Text of Proposed Order)(Feld, Daniel)Text Modified on 11/20/2020 (mee). Per d.e. #23 . |
Filing 20
PAPERLESS ORDER TO SHOW CAUSE: granting the Plaintiff's unopposed motion to extend time to file the parties' joint discovery plan and report nunc pro tunc. #19 . The report is now due November 25, 2020. The Court notes that it issued an order on November 16, 2020 #18 requiring the parties to file this report after they failed to abide by an earlier deadline imposed by the Court. #4 . In its November 16, 2020 order, the Court also ordered the parties to show cause for their failure to abide by Court imposed deadlines in this matter. The parties ignored the Court's show cause order. By November 20, 2020, the parties shall show cause for their initial failure to timely file their joint discovery plan and conference report and shall also explain their failure to respect the Court's November 16, 2020 show cause order. The parties are warned that failure to abide by future deadlines in this matter will result in appropriate sanctions being entered against the parties, up to and including dismissal without prejudice, without further notice. Signed by Judge Robert N. Scola, Jr. (sda)
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| Filing 19 Unopposed MOTION for Extension of Time to file the parties' Joint Discovery Plan and Report re #18 Scheduling Order,, Order Referring Case to Mediation, by Luciana Tomas. Responses due by 12/2/2020 (Kozolchyk, Elliot) |
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Filing 18
SCHEDULING ORDER AND ORDER OF REFERRAL TO MEDIATION: ( Jury Trial set for 7/5/2021 before Judge Robert N. Scola Jr.., Calendar Call set for 6/29/2021 09:00 AM in Miami Division before Judge Robert N. Scola Jr..), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 3/19/2021.) Signed by Judge Robert N. Scola, Jr on 11/13/2020. See attached document for full details. (mee)
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Filing 17
PAPERLESS ORDER: granting the Defendants' unopposed motion to accept out of time filing of answer and affirmative defenses. #16 . As stated in the Court's order 14 , the Defendants untimely filed their answer to the Plaintiff's complaint #1 without seeking leave from the Court or asking the Court to excuse the Defendants' late filing. In consideration of the Defendants' untimely response and prior to the Defendants filing their answer, the Court entered its order on Clerk's default procedure, ordering the Plaintiff to file a motion for entry of Clerk's default judgement by October 22, 2020. #10 . The Plaintiff failed to abide by the Courts order. Accordingly, on October 23, 2020, the Court entered an order instructing the Plaintiff to comply with the Court's order. 14 . The Defendants only now file their motion asking the Court to accept its late filing. When the Defendants became aware they had failed to timely file their answer based on the Court's order, it was incumbent upon the Defendants to move this Court to accept its late filing, consistent with Federal Rule 6(b)(1)(B). Both the Plaintiff and the Defendant are admonished for failing to abide by the Court's orders and for wasting judicial resources. The Defendants' answer is deemed timely filed nunc pro tunc as of October 22, 2020. Signed by Judge Robert N. Scola, Jr. (sda)
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| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, Nunc Pro Tunc by Liquor Lounge Cafe, Inc., Lovett Hospitality Management, Tmfw, Inc.. (Attachments: #1 Text of Proposed Order)(Feld, Daniel) |
| Filing 15 Notice of Upcoming Deadline to Server under Federal Rule of Civil Procedure 4(m). The Plaintiff timely serves the Defendants named above by December 21, 2020, or establishes with the Courtbefore this deadlinethat good cause exists for the failure. Signed by Judge Robert N. Scola, Jr on 10/23/2020. See attached document for full details. Text Modified on 10/25/2020 (mee). |
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Filing 14
PAPERLESS ORDER: This matter is before the Court upon an independent review of the record. On October 15, 2020, the Court entered an order on Clerk's default procedure after certain of the Defendants failed to timely respond to the complaint. The order instructed the Plaintiff to submit a motion for entry of Clerk's default judgment by October 22, 2020. #10 . The Plaintiff has failed to comply with the Court's order. The Court acknowledges that after the Court entered its order, without seeking leave of the Court or otherwise explaining their failure to abide by the deadlines in this case, certain of the Defendants untimely filed an answer to the complaint. #13 . Given that certain of the Defendants failed to timely respond to the complaint or otherwise seek leave from the Court to untimely file their answer, the Plaintiff is ordered comply with the Court's order and file a motion for entry of Clerk's default by October 27, 2020. If the Clerk enters a default, the Defendants may move to set aside the default and show cause for their failure to timely respond to the complaint. If the Plaintiff no longer wishes to prosecute this action, or has otherwise settled the matter, the Plaintiff must immediately file a notice of voluntary dismissal in keeping with Federal Rule of Civil Procedure 41(a)(1)(A)(i). Signed by Judge Robert N. Scola, Jr. (sda)
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| Filing 13 ANSWER and Affirmative Defenses to Complaint by Liquor Lounge Cafe, Inc., Lovett Hospitality Management, Tmfw, Inc.. (Feld, Daniel) |
| Filing 12 NOTICE of Attorney Appearance by Daniel T. Feld on behalf of Liquor Lounge Cafe, Inc., Lovett Hospitality Management, Tmfw, Inc.. Attorney Daniel T. Feld added to party Liquor Lounge Cafe, Inc.(pty:dft), Attorney Daniel T. Feld added to party Lovett Hospitality Management(pty:dft), Attorney Daniel T. Feld added to party Tmfw, Inc.(pty:dft). (Feld, Daniel) |
| Filing 11 NOTICE of Compliance (copy of order mailed to all addresses listed on order) re #10 Order (mee) |
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Filing 10
ORDER ON CLERK'S DEFAULT PROCEDURE. Plaintiff to submit a Motion for Entry of Clerks Default by October 22, 2020. Signed by Judge Robert N. Scola, Jr on 10/15/2020. See attached document for full details. (mee)
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| Filing 9 Statement of: Claim by Luciana Tomas re #4 Order Referring Case to Magistrate Judge, (Attachments: #1 Exhibit A - Plaintiff's Statement of Claim)(Kozolchyk, Elliot) |
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Filing 8
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 10/7/2020. See attached document for full details. (mdc)
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| Filing 7 SUMMONS (Affidavit) Returned Executed by Luciana Tomas. Tmfw, Inc. served on 9/23/2020, answer due 11/23/2020., SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Luciana Tomas. Tmfw, Inc. served on 9/23/2020, answer due 11/23/2020. (Kozolchyk, Elliot) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Luciana Tomas. Lovett Hospitality Management served on 9/23/2020, answer due 10/14/2020. (Kozolchyk, Elliot) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Luciana Tomas. Liquor Lounge Cafe, Inc. served on 9/23/2020, answer due 10/14/2020. (Kozolchyk, Elliot) |
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Filing 4
ORDER Requiring Discovery and Scheduling Conference, Order Requiring Statement of Claim and Response in FLSA Case and Order Referring Discovery Matters to the Magistrate Judge Signed by Judge Robert N. Scola, Jr on 9/22/2020. See attached document for full details. (ail)
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| Filing 3 Summons Issued as to Liquor Lounge Cafe, Inc., Lovett Hospitality Management, Tmfw, Inc., Bobby Wilcox, Christine Wilcox, Timothy Wilcox. (mee) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (mee) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number BFLSDC-13565066, filed by Luciana Tomas. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit A - Plaintiff's Statement of Claim)(Kozolchyk, Elliot) |
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