Smith v. Brightview Landscape Services Inc.
| Freddie Smith, Jr. |
| Brightview Landscape Services Inc. |
| 1:2021cv22200 |
| June 15, 2021 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
Docket Report
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Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion to Stay Pending Arbitration. #10 . Therein, Defendant requests that the Court stay further proceedings in this action pending the completion of arbitration. Id. at 1. Defendant argues that "[a]s a condition of his employment, Plaintiff agreed to arbitrate any claims arising out of or relating to his employment with or separation from Defendant, including but not limited to (1) wrongful termination of employment; and (2) 'discrimination, harassment or retaliation, whether on the basis of age, sex, race, national origin, religion, disability, or any other unlawful basis, under any and all federal, state or municipal statutes, regulations, ordinances or common law, including but not limited Title VII of the Civil Rights Act of 1964.'" Id. at 1-3 (quoting the Parties' Arbitration Agreement). Defendant argues that Plaintiff's claims in this action "squarely fall within the provisions of the Arbitration Agreement." Id. at 2. Defendant argues that "the Parties intend to proceed with binding arbitration pursuant to the Arbitration Agreement, and [] Plaintiff does not oppose a stay of this action pending arbitration." Id. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant's Unopposed Motion to Stay Pending Arbitration #10 is GRANTED, this action is STAYED, and the Clerk of Court is directed to ADMINISTRATIVELY CLOSE this case. The Parties shall proceed with arbitration pursuant to the terms and conditions of their Arbitration Agreement. It is further ORDERED that the Parties shall submit a joint status report to the Court within forty-five (45) days of this Order describing the progress made in the arbitration process and shall file further status reports with the Court every forty-five (45) days thereafter. The Parties shall file a notice with the Court within seven (7) days of completion of the arbitration process. The Parties shall further file a stipulation of dismissal within twenty-one (21) days of completion of the arbitration process. Alternatively, in the event that arbitration does not resolve the matter in full, the Parties must move to reopen the matter within twenty-one (21) days following the conclusion of arbitration. Signed by Judge K. Michael Moore on 7/27/2021. (hwr)
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| Filing 11 NOTICE by Brightview Landscape Services Inc. re #10 Unopposed MOTION to Stay Pending Arbitration (Filing Exhibit) (Attachments: #1 Exhibit 1 - Arbitration Agreement) (Si-Ping Chu, Stella) |
| Filing 10 Unopposed MOTION to Stay Pending Arbitration by Brightview Landscape Services Inc.. Responses due by 8/9/2021 (Si-Ping Chu, Stella) |
| Filing 9 NOTICE of Attorney Appearance by Stefanie M. Mederos on behalf of Brightview Landscape Services Inc.. Attorney Stefanie M. Mederos added to party Brightview Landscape Services Inc.(pty:dft). (Mederos, Stefanie) |
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Filing 8
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Brightview Landscape Services, Inc.'s ("Defendant") Unopposed Motion for Enlargement of Time to Respond to Plaintiff's Complaint. #7 . Therein, Defendant requests a twenty (20) day extension of time, up to and including July 27, 2021, to respond to Plaintiff's Complaint because counsel was recently retained and "is in need of additional time to review the file materials, evaluate the allegations and prepare a response to Plaintiff's Complaint." Id. at 1. UPON CONSIDERATION of the Motion #7 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #7 is GRANTED. Defendant's response to Plaintiff's Complaint shall be due on or before July 27, 2021. Signed by Judge K. Michael Moore on 7/12/2021. (hwr)
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| Reset Answer Due Deadline: Brightview Landscape Services Inc. response due 7/27/2021. (ls)(per DE #8) |
| Filing 7 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Complaint re #1 Complaint by Brightview Landscape Services Inc.. Attorney Stella Si-Ping Chu added to party Brightview Landscape Services Inc.(pty:dft). Responses due by 7/23/2021 (Attachments: #1 Text of Proposed Order)(Si-Ping Chu, Stella) |
| 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 Freddie Smith, Jr. Brightview Landscape Services Inc. served on 6/16/2021, answer due 7/7/2021. (Saavedra, Nathaly) |
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. 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 F. 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 Louis's discovery procedures. Signed by Chief Judge K. Michael Moore on 6/16/2021. (hwr)
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Filing 4
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. 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. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 6/16/2021. (hwr)
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| Filing 3 Summons Issued as to Brightview Landscape Services Inc.. (cds) |
| 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. (cds) |
| Filing 1 COMPLAINT against Brightview Landscape Services Inc.. Filing fees $ 402.00 receipt number CFLSDC-14769103, filed by Freddie Smith, Jr. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Saavedra, Nathaly) |
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| Plaintiff: Freddie Smith, Jr. | |
| Represented By: | Nathaly Saavedra |
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| Defendant: Brightview Landscape Services Inc. | |
| Represented By: | Stefanie M. Mederos |
| Represented By: | Stella Si-Ping Chu |
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