Villamar v. Carrier Compliance Services Corp
| Nilo Villamar, Bryan Jimenez, Iran Velazco, Roberto Frabotta and Amalia Pinares |
| Carrier Compliance Services Corp, Unique Freight Lines, Inc., RoadTex Transportation Corp., David Padron and Unique Freight Brokers, Inc. |
| 1:2021cv20573 |
| February 10, 2021 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Edwin G Torres |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 Fair Labor Standards Act |
| Defendant |
Docket Report
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This docket was last retrieved on July 19, 2022. A more recent docket listing may be available from PACER.
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Filing 71
ORDER authorizing distribution of #68 Plaintiff Nilo Villamar's amended notification letter and consent to join form. Signed by Chief Magistrate Judge Edwin G. Torres on 7/19/2022. See attached document for full details. (elk)
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Filing 70
PAPERLESS ORDER Setting Status Conference: Telephonic Status Conference set for September 7, 2022, at 10:00 AM before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. The calendar call on July 13, 2022, is cancelled. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 69 NOTICE of Filing Notice of Consent to Join by Nilo Villamar re #66 Notice of Consent to Join (Storch, Noah) |
| Filing 68 NOTICE of Filing Amended notification Letter and Consent to Join Collective Action Form by Nilo Villamar re #67 Order on Motion to Certify Class, Order on Report and Recommendations (Attachments: #1 Exhibit A-Amended Notification Letter, #2 Exhibit B-Amended Consent to Join Collective Action Form) (Storch, Noah) |
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Filing 67
ORDER Adopting #60 Report and Recommendations on #41 Plaintiff's Motion to Conditionally Certify Class. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)
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| PAPERLESS ORDER. The Status Conference on May 18, 2022, is reset for June 1, 2022, at 10:00 a.m. before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. (hs01) |
| Filing 66 NOTICE OF CONSENT TO JOIN as party plaintiff. Party(s) Dayana Fuentes added to plaintiffs group of record, represented by Noah E Storch. (Attachments: #1 Exhibit A-Consent to Join of Dayana Fuentes) (Storch, Noah) |
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PAPERLESS ORDER. The Status Conference on May 4, 2022, is reset for May 18, 2022, at 10:00 a.m. before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 65 Clerks Notice to Filer re #64 Notice (Other),,. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (jas) |
| Filing 64 NOTICE of Filing Exhibits to Defendant's Objections to Report and Recommendations on Plaintiff's Motion to Conditionally Certify Collective Action and Facilitate Notice to Potential Class Members DE#60 by Carrier Compliance Services Corp, David Padron, RoadTex Transportation Corp., UNIQUE FREIGHT BROKERS, INC, Unique Freight Lines, Inc. re #63 Objections to Report and Recommendations (Attachments: #1 Exhibit Villamar Answers, #2 Exhibit Jimenez Answers, #3 Exhibit Velazco Answers, #4 Exhibit Frabotta Answers, #5 Exhibit Pinares Answers) (Shulby, Todd) Modified text on 4/15/2022 (jas). |
| Filing 63 OBJECTIONS to #60 Report and Recommendations by Carrier Compliance Services Corp, David Padron, RoadTex Transportation Corp., UNIQUE FREIGHT BROKERS, INC, Unique Freight Lines, Inc.. (Shulby, Todd) |
| Filing 62 OBJECTIONS to #60 Report and Recommendations by Nilo Villamar. (Attachments: #1 Exhibit A-Defendants address locations, #2 Exhibit B-Amended Notification Letter, #3 Exhibit C-Amended Consent to Join Collective Action form)(Storch, Noah) |
| Filing 61 NOTICE OF CONSENT TO JOIN as party plaintiff. Party(s) Angel Guerra added to plaintiffs group of record, represented by Noah E Storch. (Attachments: #1 Exhibit A-Consent to Join of Angel Guerra) (Storch, Noah) |
| Filing 60 REPORT AND RECOMMENDATIONS re #41 Plaintiff's MOTION to Certify Class filed by Nilo Villamar. Recommending granting in part and denying in part. Objections to R&R due by 4/14/2022. Signed by Chief Magistrate Judge Edwin G. Torres on 3/31/2022. See attached document for full details. (elk) |
| Filing 59 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Dana Gullup as Mediator. Mediation Hearing set for 4/20/2022 at 10:00a.m.. (Storch, Noah) |
| Filing 57 Notice of Ninety Days Expiring by Nilo Villamar (Storch, Noah) |
| Filing 56 PAPERLESS NOTICE OF CANCELLATION OF HEARING: re 55 . The Discovery Hearing set for 3/10/2022 at 11:30 AM before Chief Magistrate Judge Edwin G. Torres is cancelled in light of notification from the parties that the issues have been resolved. (elk) |
| Filing 55 PAPERLESS NOTICE of Hearing: A Discovery Hearing is set for 3/10/2022 at 11:30 AM before Chief Magistrate Judge Edwin G. Torres. This hearing will take place in person at the United States Courthouse, James Lawrence King Building, Tenth Floor - Courtroom 5, 99 N.E. Fourth Street, Miami, Florida. All persons attending the hearing will be subject to the Court's latest COVID Order and guidelines. (elk) |
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Filing 54
PAPERLESS ORDER granting #53 Motion to Withdraw as Attorney. Alexander Thomas Harne withdrawn from case. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 53 MOTION to Withdraw as Attorney Motion to Withdraw Alexander Harne, Esq. as Counsel of Record by Alexander Harne, Esq. for / by Roberto Frabotta, Bryan Jimenez, Amalia Pinares, Iran Velazco, Nilo Villamar. Responses due by 12/1/2021 (Attachments: #1 Exhibit Exhibit A - proposed Order Granting Motion to Withdraw Alexander Harne, Esq. as Counsel of Record)(Storch, Noah) |
| Filing 52 NOTICE OF CONSENT TO JOIN as party plaintiff. Party(s) Amalia Pinares added to plaintiffs group of record, represented by Noah E Storch. (Storch, Noah) |
| Filing 51 Plaintiff's REPLY to Response to Motion re #41 Plaintiff's MOTION to Certify Class filed by Nilo Villamar. (Storch, Noah) |
| Set Deadlines per DE 50 Order as to #41 Motion. Replies due by 11/4/2021. (kpe) |
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Filing 50
PAPERLESS ORDER granting #49 unopposed Motion for Extension of Time to File Reply for good cause shown. Plaintiffs shall file their Reply on or before November 4, 2021. Signed by Magistrate Judge Edwin G. Torres on 10/26/2021. (elk)
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| Filing 49 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #48 Response to Motion, by Nilo Villamar. (Storch, Noah) |
| Filing 48 RESPONSE to Motion re #41 Plaintiff's MOTION to Certify Class filed by Carrier Compliance Services Corp, David Padron, RoadTex Transportation Corp., UNIQUE FREIGHT BROKERS, INC, Unique Freight Lines, Inc.. Replies due by 10/25/2021. (Attachments: #1 Exhibit Declaration, #2 Exhibit Declaration)(Shulby, Todd) |
| Filing 58 CASE REFERRED to Ch. Magistrate Judge Edwin G. Torres. Motions referred to Judge Edwin G. Torres. Per Chambers - See ECF No. 47 PAPERLESS ORDER REFERRING CASE (sk) |
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Filing 47
PAPERLESS ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for a ruling on all pre-trial, non-dispositive matters and a report and recommendation on all dispositive matters. Signed by Judge Darrin P. Gayles (hs01)
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Filing 46
PAPERLESS ORDER granting #45 Motion for Extension of Time. Defendants shall respond to Plaintiff's Motion to Conditionally Certify Class on or before October 18, 2021. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 45 MOTION for Extension of Time to File Response/Reply/Answer as to #41 Plaintiff's MOTION to Certify Class by Carrier Compliance Services Corp, David Padron, RoadTex Transportation Corp., UNIQUE FREIGHT BROKERS, INC, Unique Freight Lines, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Shulby, Todd) |
| Filing 44 NOTICE OF WITHDRAWAL OF MOTION by Carrier Compliance Services Corp, David Padron, RoadTex Transportation Corp., UNIQUE FREIGHT BROKERS, INC, Unique Freight Lines, Inc. re #43 MOTION for Extension of Time to Respond to Plaintiffs' Discovery filed by Carrier Compliance Services Corp, UNIQUE FREIGHT BROKERS, INC, Unique Freight Lines, Inc., RoadTex Transportation Corp., David Padron (Shulby, Todd) |
| Filing 43 WITHDRAWN MOTION for Extension of Time to Respond to Plaintiffs' Discovery by Carrier Compliance Services Corp, David Padron, RoadTex Transportation Corp., UNIQUE FREIGHT BROKERS, INC, Unique Freight Lines, Inc.. Responses due by 10/6/2021 (Attachments: #1 Text of Proposed Order Proposed Order)(Shulby, Todd) Modified on 9/23/2021 per DE #44 Notice (kpe). |
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Filing 42
PAPERLESS ORDER granting, nunc pro tunc, #40 Plaintiff's Motion for Extension of Time to Join Any Additional Parties, File Any Motions to Amend the Complaint and to File Motions for Conditional Certification. Plaintiff's deadline to join any additional parties, file any motion to amend the complaint, and to file a motion for conditional certification is extended through September 13, 2021. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 41 Plaintiff's MOTION to Certify Class by Nilo Villamar. Responses due by 9/27/2021 (Attachments: #1 Exhibit 1-Defendants' Florida Department of Corporation filings, #2 Exhibit 2-Declaration of Nilo Villamar, #3 Exhibit 3-Declaration of Bryan Jimenez, #4 Exhibit 4-Declaration of Iran Velazco, #5 Exhibit 5-Declaration of Roberto Frabotta, #6 Exhibit 6-WHD Fact Sheet, #7 Exhibit 7-Pay and time records, #8 Exhibit 8-Proposed Notice Letter, #9 Exhibit 9-Proposed Consent to Join Form)(Storch, Noah) |
| Filing 40 Plaintiff's MOTION for Extension of Time TO JOIN ANY ADDITIONAL PARTIES, FILE ANY MOTION TO AMEND THE COMPLAINT AND TO FILE MOTION FOR CONDITIONAL CERTIFICATION by Nilo Villamar. Responses due by 9/13/2021 (Attachments: #1 Exhibit A)(Storch, Noah) |
| Filing 39 NOTICE OF CONSENT TO JOIN as party plaintiff. New Filer(s) Roberto Frabotta added.. Party(s) Roberto Frabotta added to plaintiffs group of record, represented by Noah E Storch.. Attorney Noah E Storch added to party Roberto Frabotta(pty:pla). (Storch, Noah) |
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Filing 38
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 8/27/2021. See attached document for full details. (mdc)
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Filing 37
Scheduling Order Setting Civil Trial Date And Pretrial Schedule, Requiring Mediation, And Referring Certain Motions To Magistrate Judge: ( Jury Trial set for 7/18/2022 before Judge Darrin P. Gayles., Calendar Call set for 7/13/2022 09:30 AM before Judge Darrin P. Gayles., Status Conference set for 5/4/2022 10:00 AM before Judge Darrin P. Gayles.) Signed by Judge Darrin P. Gayles on 8/17/2021. See attached document for full details. (kpe) #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.
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| Filing 36 Joint SCHEDULING REPORT - Rule 16.1 by Nilo Villamar (Attachments: #1 Exhibit Exhibit A - Scheduling Order)(Storch, Noah) |
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Filing 35
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before July 14, 2021, 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)
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| Filing 34 Statement of: Response to FLSA Statement of Claim by Carrier Compliance Services Corp, David Padron, RoadTex Transportation Corp., UNIQUE FREIGHT BROKERS, INC, Unique Freight Lines, Inc. re #33 Statement, #32 Statement (Shulby, Todd) |
| Filing 33 Statement of: Claim by Iran Velazco re 30 Order on Motion for Miscellaneous Relief, (Storch, Noah) |
| Filing 32 Statement of: Claim by Bryan Jimenez re 30 Order on Motion for Miscellaneous Relief, (Storch, Noah) |
| Filing 31 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Carrier Compliance Services Corp, David Padron, RoadTex Transportation Corp., UNIQUE FREIGHT BROKERS, INC, Unique Freight Lines, Inc.. Attorney Todd William Shulby added to party UNIQUE FREIGHT BROKERS, INC(pty:dft). (Shulby, Todd) |
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Filing 30
PAPERLESS ORDER granting #29 Motion to Compel Statement of Claim from Opt-In Plaintiffs. Opt-In Plaintiffs Byran Jiminez and Iran Velazco shall comply with the Court's Notice of Court Practice 8 and file a Statement of Claim on or before June 7, 2021. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 29 MOTION Compel FLSA Statement of Claim from Opt-In Plaintiffs re 8 Notice of Court Practice/to Appear/Other,,,,,,, by Carrier Compliance Services Corp, David Padron, RoadTex Transportation Corp., Unique Freight Lines, Inc.. (Shulby, Todd) |
| Filing 28 SUMMONS (Affidavit) Returned Executed on #25 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Nilo Villamar. UNIQUE FREIGHT BROKERS, INC served on 5/14/2021, answer due 6/4/2021. (Storch, Noah) |
| Filing 27 Summons Issued as to UNIQUE FREIGHT BROKERS, INC. (kpe) |
| Filing 26 NOTICE of Filing Proposed Summons(es) by Nilo Villamar re #25 Amended Complaint/Amended Notice of Removal, filed by Nilo Villamar (Storch, Noah) |
| Filing 25 Second AMENDED COMPLAINT against Carrier Compliance Services Corp, David Padron, RoadTex Transportation Corp., Unique Freight Lines, Inc., UNIQUE FREIGHT BROKERS, INC filed in response to Order Granting Motion for Leave, filed by Nilo Villamar.(Storch, Noah) |
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Filing 24
PAPERLESS ORDER granting #23 Motion for Leave to File Second Amended Complaint. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 23 Plaintiff's MOTION for Leave to File SECOND AMENDED COMPLAINT AND INCORPORATED MEMORANDUM OF LAW by Nilo Villamar. (Storch, Noah) |
| Filing 22 Statement of: Response to Plaintiff's Statement of the Claim by Carrier Compliance Services Corp, David Padron, RoadTex Transportation Corp., Unique Freight Lines, Inc. re #9 Statement (Shulby, Todd) |
| Filing 21 NOTICE OF CONSENT TO JOIN as party plaintiff by Noah E Storch on behalf of Iran Velazco. Attorney Noah E Storch added to party Iran Velazco(pty:pla). (Storch, Noah) |
| Filing 20 NOTICE OF CONSENT TO JOIN as party plaintiff by Noah E Storch on behalf of Bryan Jimenez. Attorney Noah E Storch added to party Bryan Jimenez(pty:pla). (Storch, Noah) |
| Filing 19 WAIVER OF SERVICE Returned Executed by RoadTex Transportation Corp., David Padron, Unique Freight Lines, Inc., Carrier Compliance Services Corp. Carrier Compliance Services Corp waiver sent on 4/2/2021, answer due 6/1/2021. (Shulby, Todd) |
| Filing 18 Certificate of Other Affiliates/Corporate Disclosure Statement by Carrier Compliance Services Corp, David Padron, RoadTex Transportation Corp., Unique Freight Lines, Inc. (Shulby, Todd) |
| Filing 17 Notice of NO Pending, Refiled, Related or Similar Actions by Carrier Compliance Services Corp, David Padron, RoadTex Transportation Corp., Unique Freight Lines, Inc. (Shulby, Todd) |
| Filing 16 NOTICE of Attorney Appearance by Todd William Shulby on behalf of Carrier Compliance Services Corp, David Padron, RoadTex Transportation Corp., Unique Freight Lines, Inc.. Attorney Todd William Shulby added to party Carrier Compliance Services Corp(pty:dft), Attorney Todd William Shulby added to party David Padron(pty:dft), Attorney Todd William Shulby added to party RoadTex Transportation Corp.(pty:dft), Attorney Todd William Shulby added to party Unique Freight Lines, Inc.(pty:dft). (Shulby, Todd) |
| Filing 15 WAIVER OF SERVICE Returned Executed by RoadTex Transportation Corp., David Padron, Unique Freight Lines, Inc., Carrier Compliance Services Corp. Unique Freight Lines, Inc. waiver sent on 4/2/2021, answer due 6/1/2021. (Shulby, Todd) |
| Filing 14 WAIVER OF SERVICE Returned Executed by RoadTex Transportation Corp., David Padron, Unique Freight Lines, Inc., Carrier Compliance Services Corp. RoadTex Transportation Corp. waiver sent on 4/2/2021, answer due 6/1/2021. (Shulby, Todd) |
| Filing 13 WAIVER OF SERVICE Returned Executed by RoadTex Transportation Corp., David Padron, Unique Freight Lines, Inc., Carrier Compliance Services Corp. David Padron waiver sent on 4/2/2021, answer due 6/1/2021. (Shulby, Todd) |
| Filing 12 Summons Issued as to David Padron, RoadTex Transportation Corp., Unique Freight Lines, Inc.. (Attachments: #1 Summon(s), #2 Summon(s))(ebz) |
| Filing 11 NOTICE by Nilo Villamar re #10 Amended Complaint/Amended Notice of Removal of Filing Proposed Summons to be Issued (Attachments: #1 Summon(s) Unique Freight Lines, Inc., #2 Summon(s) RoadTex Transportation Corp., #3 Summon(s) David Padron) (Storch, Noah) |
| Filing 10 First AMENDED COMPLAINT against All Defendants, filed by Nilo Villamar.(Storch, Noah) |
| Filing 9 Statement of: Claim by Nilo Villamar re 8 Notice of Court Practice/to Appear/Other,,,,,,, (Harne, Alexander) |
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Filing 8
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 March 15, 2021. Plaintiff 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 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)
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| Filing 7 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) |
| Filing 6 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Nilo Villamar (Harne, Alexander) |
| Filing 5 Notice of NO Pending, Refiled, Related or Similar Actions by Nilo Villamar (Harne, Alexander) |
| Filing 4 NOTICE of Attorney Appearance by Alexander Thomas Harne on behalf of Nilo Villamar. Attorney Alexander Thomas Harne added to party Nilo Villamar(pty:pla). (Harne, Alexander) |
| Filing 3 Summons Issued as to Carrier Compliance Services Corp. (ebz) |
| 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 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. (ebz) |
| Filing 1 COMPLAINT against Carrier Compliance Services Corp. Filing fees $ 402.00 receipt number AFLSDC-14368554, filed by Nilo Villamar. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Storch, Noah) |
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