Hernandez v. ITW Food Equipment Group , LLC
Plaintiff: Antonio Hernandez
Defendant: ITW Food Equipment Group, LLC doing business as HOBART and PHILIP BASSUK, Philip Bassuk and ITW Food Equipment Group, LLC doing business as HOBART
Case Number: 1:2020cv24583
Filed: November 6, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Beth Bloom
Referring Judge: Alicia M Otazo-Reyes
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 4, 2021 Opinion or Order Filing 35 PAPERLESS ORDER granting #34 Plaintiff's Unopposed Motion for Extension of Time. Plaintiff shall file a response to the Motion to Dismiss, ECF No. #24 , by no later than January 11, 2021. Signed by Judge Beth Bloom (ks01)
January 4, 2021 Filing 34 MOTION for Extension of Time to File Response/Reply/Answer as to #24 MOTION TO DISMISS #7 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM Defendant Philip Bassuk's Motion to Dismiss Count V of Plaintiff's Amended Complaint by Antonio Hernandez. (Behren, Scott)
December 30, 2020 Opinion or Order Filing 33 ORDER Scheduling Mediation before Marlene Quintana. Mediation Hearing set for 3/19/2021 10:00 AM. Signed by Judge Beth Bloom on 12/30/2020. See attached document for full details. (pes)
December 30, 2020 Filing 32 Joint NOTICE of Mediator Selection and Hearing. Selected/Added ITW Food Equipment Group, LLC, Marlene Quintana as Mediator. Mediation Hearing set for 3/19/2021 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order)(Cula, Steven)
December 28, 2020 Opinion or Order Filing 31 ORDER TO SHOW CAUSE Show Cause Response due by 12/31/2020. Signed by Judge Beth Bloom on 12/28/2020. See attached document for full details. (ebz)
December 28, 2020 Filing 30 Joint NOTICE of Mediator Selection. Selected/Added ITW Food Equipment Group, LLC, Marlene Quintana as Mediator. (Cula, Steven)
December 23, 2020 Filing 29 AFFIDAVIT signed by: Antonio Hernandez re #17 Response to Motion, by Antonio Hernandez (Behren, Scott)
December 23, 2020 Filing 28 REPLY to Response to Motion re #8 MOTION to Remand to State Court filed by Antonio Hernandez. (Attachments: #1 Exhibit Herrera Order, #2 Exhibit Biffar Order, #3 Exhibit Hartsing Order, #4 Exhibit Hackshaw Order, #5 Exhibit Lugo Order, #6 Exhibit Yini Torres Order)(Behren, Scott)
December 23, 2020 Opinion or Order Filing 27 PAPERLESS ORDER granting #26 Plaintiff's unopposed Motion for Extension of Time. Plaintiff must file a reply to the Motion to Remand, ECF No. #8 , by no later than December 24, 2020. Signed by Judge Beth Bloom (ks01)
December 22, 2020 Filing 26 MOTION for Extension of Time File Reply in Support of Motion for Remand re #8 MOTION to Remand to State Court by Antonio Hernandez. Responses due by 1/5/2021 (Behren, Scott)
December 21, 2020 Filing 25 ANSWER and Affirmative Defenses to Amended Complaint Defendant ITW Equipment Group LLC's Answer and Defenses to Plaintiff's Amended Complaint by ITW Food Equipment Group, LLC. (Cula, Steven)
December 21, 2020 Filing 24 MOTION TO DISMISS #7 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM Defendant Philip Bassuk's Motion to Dismiss Count V of Plaintiff's Amended Complaint by Philip Bassuk. Responses due by 1/4/2021 (Cula, Steven)
December 15, 2020 Opinion or Order Filing 23 PAPERLESS ORDER granting #22 Plaintiff's Unopposed MOTION for Extension of Time. Plaintiff must file a reply in support of the Motion to Remand, ECF No. #8 , by no later than December 22, 2020. Signed by Judge Beth Bloom (ks01)
December 15, 2020 Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #8 MOTION to Remand to State Court by Antonio Hernandez. (Behren, Scott)
December 15, 2020 Opinion or Order Filing 21 PAPERLESS ORDER denying without prejudice #20 Motion for Extension of Time to File Reply for failing to comply with Local Rule 7.1 (a)(3). Signed by Judge Beth Bloom (BB)
December 14, 2020 Filing 20 MOTION for Extension of Time to File Response/Reply/Answer as to #17 Response to Motion, by Antonio Hernandez. (Behren, Scott)
December 10, 2020 Opinion or Order Filing 19 PAPERLESS ORDER granting #18 Defendants' Unopposed MOTION for Extension of Time. Defendants shall respond to Plaintiff's Amended Complaint by no later December 21, 2020. Signed by Judge Beth Bloom (ks01)
December 10, 2020 Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #7 Amended Complaint/Amended Notice of Removal by Philip Bassuk, ITW Food Equipment Group, LLC. (Attachments: #1 Text of Proposed Order)(Cula, Steven)
December 7, 2020 Filing 17 RESPONSE to Motion re #8 MOTION to Remand to State Court filed by Philip Bassuk, ITW Food Equipment Group, LLC. Attorney Steven S. Cula added to party Philip Bassuk(pty:dft). Replies due by 12/14/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cula, Steven)
December 4, 2020 Filing 16 Clerks Notice of Docket Correction re #15 Order Requiring Joint Scheduling Report. Document Filed in Wrong Case; Document restricted and docket text modified. Document refiled in correct case # 20cv24953. (ebz)
December 4, 2020 Opinion or Order Filing 15 Document Restricted per DE# 16 of Clerks Notice of Correction ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES Signed by Judge Beth Bloom on 12/3/2020. See attached document for full details. (ebz) Modified text on 12/4/2020 (ebz). Modified to correctly restrict image on 12/4/2020 (asl).
December 4, 2020 Opinion or Order Filing 14 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE (Amended Pleadings due by 2/1/2021., Discovery due by 8/10/2021., Fact Discovery due by 8/10/2021., Expert Discovery due by 8/10/2021., Joinder of Parties due by 2/1/2021., Mediation Deadline 8/24/2021., In Limine Motions due by 9/1/2021., Dispositive Motions due by 9/1/2021., Motions due by 9/1/2021., Pretrial Stipulation due by 11/22/2021., Jury Trial set for 12/6/2021 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 11/30/2021 01:45 PM in Miami Division before Judge Beth Bloom), ORDER REFERRING CASE to Mediation. (Mediation Deadline 8/24/2021), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Beth Bloom on 12/3/2020. See attached document for full details. (ebz) #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.
December 4, 2020 Filing 13 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Antonio Hernandez (Behren, Scott)
December 4, 2020 Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement Defendants' Certificate of Interested Persons and Corporate Disclosure Statement by ITW Food Equipment Group, LLC identifying Other Affiliate FEG Investments LLC, Other Affiliate Hobart LLC, Other Affiliate Illinois Tool Works Inc., Other Affiliate ILC Investment Holdings Inc., Other Affiliate ITW Mortgage Investments II, Inc., Other Affiliate ITW Mortgage Investments III, Inc., Other Affiliate ITW Mortgage Investments IV, Inc. for ITW Food Equipment Group, LLC (Cula, Steven)
December 3, 2020 Filing 11 Joint SCHEDULING REPORT - Rule 16.1 by Antonio Hernandez (Behren, Scott)
November 30, 2020 Opinion or Order Filing 10 PAPERLESS ORDER requiring Defendants' expedited response by December 7, 2020, to Plaintiff's Motion to Remand Plaintiff's Complaint to Broward Circuit Court, ECF No. #8 . Signed by Judge Beth Bloom (BB)
November 30, 2020 Opinion or Order Filing 9 PAPERLESS ORDER denying as moot #4 Motion to Dismiss for Failure to State a Claim. See Amended Complaint at ECF No. #7 . Signed by Judge Beth Bloom (BB)
November 29, 2020 Filing 8 MOTION to Remand to State Court by Antonio Hernandez. (Attachments: #1 Exhibit case law, #2 Exhibit case law, #3 Exhibit case law, #4 Exhibit case law)(Behren, Scott)
November 29, 2020 Filing 7 AMENDED COMPLAINT against All Defendants, filed by Antonio Hernandez.(Behren, Scott)
November 20, 2020 Filing 6 NOTICE of Filing Docket Sheet by ITW Food Equipment Group, LLC re #3 Order Requiring Joint Scheduling Report,, Set/Reset Deadlines/Hearings, (Attachments: #1 Exhibit A) (Cula, Steven)
November 17, 2020 Opinion or Order Filing 5 ORDER Setting Hearing on Motion by Video Conference re #4 MOTION to Dismiss #1 Notice of Removal (State Court Complaint)for Failure to State a Claim: Motion Hearing by Video Conference set for 12/10/2020 01:00 PM before Judge Beth Bloom. Signed by Judge Beth Bloom on 11/17/2020. See attached document for full details. (jas)
November 13, 2020 Filing 4 MOTION to Dismiss #1 Notice of Removal (State Court Complaint)for Failure to State a Claim by ITW Food Equipment Group, LLC. Responses due by 11/30/2020 (Cula, Steven)
November 13, 2020 Opinion or Order Filing 3 ORDER ON POST-REMOVAL PROCEDURES, AND REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. On or before November 20, 2020, Defendant shall answer or otherwise respond to the underlying complaint. Joint Scheduling Report and Certificate of Interested Parties due by 12/4/2020. Signed by Judge Beth Bloom on 11/13/2020. See attached document for full details. (pes)
November 6, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. 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. (ebz)
November 6, 2020 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - State Court Complaint) Filing fee $ 400.00 receipt number AFLSDC-13826190, filed by ITW Food Equipment Group, LLC. No Motion to Dismiss and/or Answer has been attached.(Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Cula, Steven)

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Defendant: ITW Food Equipment Group, LLC doing business as HOBART and PHILIP BASSUK
Represented By: Steven S. Cula
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Defendant: Philip Bassuk
Represented By: Steven S. Cula
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Defendant: ITW Food Equipment Group, LLC doing business as HOBART
Represented By: Steven S. Cula
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Plaintiff: Antonio Hernandez
Represented By: Scott M. Behren
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