Garcia v. Value Rx Lab, Inc. et al
| Yolanda Garcia |
| Value Rx Lab, Inc., Tanara Simon and Moises Zuriarrain |
| 1:2021cv21327 |
| April 7, 2021 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 |
| Defendant |
Docket Report
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| Filing 17 PAPERLESS NOTICE OF COURT PRACTICE UPON NOTICE OF SETTLEMENT. THIS CAUSE came before the Court upon the Paperless Minute Entry 16 for Settlement Conference held before Magistrate Judge Lauren F. Louis, which states that the Parties have settled this matter. 16 . The Parties are hereby directed to file a stipulation of dismissal of all claims signed by all parties pursuant to Rule 41(a), Fed. R. Civ. P., within twenty (20) days from the date of this Notice. If such papers are not filed within the time specified, this matter will be DISMISSED and the Court will be divested of jurisdiction to enforce the settlement agreement. The Clerk of Court is instructed to administratively CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 5/28/2021. (thn) |
| Filing 16 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Settlement Conference held on 5/27/2021. Settlement reached. The material terms read into the record. Total time in court: 2 hour(s). Attorney Appearance(s): Nathaly Saavedra, along with her client (Yolanda Garcia, who was assisted by Spanish Interpreter (Adam Nott), appeared at this conference. Adi Amit, along with his clients (Moises Zuriarrain and Tanara Simon, Corp. Reps.), appeared at this conference. (Digital LFL_01_5.27.2021) (aw) |
| Filing 15 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Yolanda Garcia (Saavedra, Nathaly) |
| Filing 14 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Tanara Simon, Value Rx Lab, Inc., Moises Zuriarrain. (Amit, Adi) |
| Filing 13 Statement of: Claim by Yolanda Garcia re 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,, (Saavedra, Nathaly) |
Filing 12
SETTLEMENT CONFERENCE ORDER. A Settlement Conference is set for May 27, 2021 at 9:00 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Signed by Magistrate Judge Lauren Fleischer Louis on 4/27/2021. See attached document for full details. (aw)
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| Filing 11 NOTICE of Compliance with Court Order (ECF No 4) by Yolanda Garcia re 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,, (Saavedra, Nathaly) |
| Filing 10 NOTICE of Attorney Appearance by Adi Amit on behalf of Tanara Simon, Value Rx Lab, Inc., Moises Zuriarrain. Attorney Adi Amit added to party Tanara Simon(pty:dft), Attorney Adi Amit added to party Value Rx Lab, Inc.(pty:dft), Attorney Adi Amit added to party Moises Zuriarrain(pty:dft). (Amit, Adi) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Yolanda Garcia. Moises Zuriarrain served on 4/12/2021, answer due 5/3/2021. (Saavedra, Nathaly) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Yolanda Garcia. Tanara Simon served on 4/12/2021, answer due 5/3/2021. (Saavedra, Nathaly) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Yolanda Garcia. Value Rx Lab, Inc. served on 4/12/2021, answer due 5/3/2021. (Saavedra, Nathaly) |
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Filing 6
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN FLEISCHER LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren Fleischer Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren Fleischer Louis' discovery procedures. Signed by Chief Judge K. Michael Moore on 4/9/2021. (thn)
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| Filing 5 CASE REFERRED to Magistrate Judge Lauren Fleischer Louis for Settlement Conference per DE 4. (vjk) |
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Filing 4
PAPERLESS NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. This is a Fair Labor Standards Act case in which Plaintiff seeks unpaid wages. In order to assist the Court in the management of the case, and in an effort to foster its early and cost effective resolution, the Parties are hereby ordered that: 1. Plaintiff shall file a Statement of Claim (the Statement) setting forth the amount of alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g., overtime or regular) within twenty (20) days from the date of this Notice. Plaintiff shall promptly serve a copy of this Notice, the Statement, and copies of all documents supporting Plaintiff's claims (e.g., time sheets, pay stubs, etc.), on Defendant's counsel when counsel for Defendant first appears in the case or at the time of filing if Defendant's counsel has already appeared. The Statement shall include all attorney's fees and costs incurred to date. With respect to attorney's fees, provide the hourly rate sought and the number of hours expended by each person billing time. 2. Defendant shall file a Response within fifteen (15) days of receiving service of Plaintiff's statement. This Response shall set forth in detail Defendant's defenses to Plaintiff's claims. Defendant shall serve copies of all documents in support thereof on Plaintiff. 3. Referral to Magistrate for Settlement Conference. Pursuant to Rule 1 of the Magistrate Rules of the Southern District of Florida, the Parties shall conduct a Settlement Conference before Magistrate Judge Lauren Fleischer Louis within twenty (20) days after the date that Defendant's Response is due. Plaintiff's counsel must confer with defense counsel and contact the Chambers of Magistrate Judge Lauren Fleischer Louis on, or before, the date that Defendant's Response is due to schedule a date for the Settlement Conference. The Settlement Conference date may not be extended without prior approval from Magistrate Judge Louis. Absent an extension from Magistrate Judge Louis, the Parties shall complete their Settlement Conference within fifty-five (55) days of this Notice. If the Parties reach an agreement during the Settlement Conference the Parties shall file the agreement with the undersigned within five (5) days of the Settlement Conference. If the Parties wish to file the settlement agreement as a sealed document, they must file a Motion to Seal that provides compelling reasons for the Court to allow them to do so. See Brown v. Advantage Eng'g, Inc., 960 F.2d 1013, 1016 (11th Cir. 1992) ("If a settlement agreement is filed with the court for approval or interpretation, then the parties must demonstrate extraordinary circumstances in order to deny the public access to the agreement."); see also Hanson v. Wells Fargo Bank, N.A., No. 08-80182-CIV, 2009 WL 1490582, at *1 (S.D. Fla. May 26, 2009) ("'[A] business's general interest in keeping its legal proceedings private does not overcome the presumption of openness' in FLSA cases.") (citing Stalnaker v. Novar Corp., 293 F. Supp. 2d 1260, 1264 (M.D. Ala. 2003)). The undersigned will review the agreement and determine whether it is a fair and reasonable resolution of a bona fide dispute over FLSA issues. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982). If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. If no settlement is reached, the Parties shall file a Joint Scheduling Report within fourteen (14) days after the Settlement Conference. 4. Except as provided under Local Rule 16.2.E for public-sector entities, the appearance of counsel and each party, or representatives of each party with full authority to enter into a full and complete compromise and settlement, is mandatory. Appearance shall be in person; telephonic appearance is prohibited. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the settlement conference shall be confidential and privileged. Nothing disclosed in the settlement conference can be used for any purpose except settlement. 6. Settlement. If this case is settled, counsel must inform the Court within three (3) days by calling Chambers. 7. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. 8. Non-compliance with Order. Non-compliance with any provision of this Order, the Federal Rules of Civil Procedure, and/or the Local Rules of Court, may subject the offending party to sanctions or dismissal. It is the duty of all counsel to take all actions necessary to comply with this Order to ensure an expeditious resolution of this matter. Signed by Chief Judge K. Michael Moore on 4/8/2021. (thn)
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| Filing 3 Summons Issued as to Tanara Simon, Value Rx Lab, Inc., Moises Zuriarrain. (jao) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (jao) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14585109, filed by Yolanda Garcia. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Saavedra, Nathaly) |
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