MARTINEZ v. NEXX MOTELS, LLC.
| VANESSA MARTINEZ |
| NEXX HOTELS, LLC., NEXX MOTELS, LLC. and U.S. 1 MOTEL MANAGEMENT, LLC. |
| 1:2021cv23457 |
| September 27, 2021 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Labor: Other |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Defendant |
Docket Report
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Filing 33
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Stipulation of Dismissal. #32 . Therein, the Parties stipulate to the dismissal of this matter with prejudice. Id. at 1. Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim by filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A)(ii). Here, the Joint Stipulation is signed by all parties who have appeared. #32 at 1. Accordingly, UPON CONSIDERATION of the Joint Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the above-styled cause is DISMISSED WITH PREJUDICE. The Clerk of Court is INSTRUCTED to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 6/23/2022. (soy)
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| Deadline(s)/Hearing(s) terminated per DE 33 Order. (amb) |
| Filing 32 STIPULATION of Dismissal (Joint) by NEXX MOTELS, LLC. (Barnhart, Valerie) |
| Filing 31 PAPERLESS NOTICE OF COURT PRACTICE UPON NOTICE OF SETTLEMENT. THIS CAUSE came before the Court upon the Mediation Report, which states that the Parties reached a full settlement in this matter. #30 . The Parties are hereby directed to file a stipulation of dismissal of all claims signed by all parties pursuant to Rule 41(a) of the Federal Rules of Civil Procedure within thirty (30) 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 the Court is instructed to administratively CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 6/16/2022. (soy) |
| Filing 30 FINAL MEDIATION REPORT by Neil Flaxman. Disposition: Settled in full.(Flaxman, Neil) |
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Filing 29
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Motion to Extend Certain Pretrial Deadlines. #28 . Therein, despite the inclusion of the word "certain" in the title of their Motion, the Parties request that the Court extend all remaining pretrial deadlines by forty-five (45) days. Id. at 1-2. Trial in this matter is currently set for the two-week trial period beginning September 12, 2022. (ECF No. 18)."District courts have 'unquestionable' authority to control their own dockets." Smith v. Psychiatric Sols., Inc., 750 F.3d 1253, 1262 (11th Cir. 2014) (internal citation omitted). "This authority includes 'broad discretion in deciding how best to manage the cases before them.'" Id. (internal citation omitted). Once a scheduling order is entered, it "may be modified only for good cause and with the judge's consent." Fed. R. Civ. P. 16(b)(4). "To establish good cause, the party seeking the extension must establish that the schedule could not be met despite the party's diligence." Ashmore v. Sec'y, Dep't of Transp., 503 F. App'x 683, 685 (11th Cir. 2013); see also Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1419 (11th Cir. 1998). Here, the Parties inform the Court that the June 2 deposition of Plaintiff Vanessa Martinez could not go forward as planned due to her pregnancy-related health complications. See generally #28 . Accordingly, the Parties request that the Court extend all pretrial deadlines by forty-five days to accommodate Plaintiff's health condition and to permit counsel for Defendant Nexx Motels, LLC to participate in an unrelated state court trial. Id. at 2. The Parties, however, make no effort to explain why they scheduled Plaintiff's deposition on the eve of the close of discovery in this matter. The Court does not find good cause for a forty-five (45) day extension of all pretrial deadlines. Accordingly, UPON CONSIDERATION of the Joint Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Joint Motion #28 is GRANTED IN PART and DENIED IN PART. The Court hereby extends the deadlines (1) to complete discovery, (2) to file all pretrial motions, and (3) to complete mediation by twenty-one (21) days each. All other deadlines in the Court's Scheduling Order (ECF No. 18) are unaffected by this Order. Signed by Judge K. Michael Moore on 6/3/2022. (soy)
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| Filing 28 Joint MOTION for Extension of Time to Extend Certain Pretrial Deadlines re 18 Scheduling Order,,,,,,,,,,,,,,,,,,,, by NEXX MOTELS, LLC.. Responses due by 6/16/2022 (Barnhart, Valerie) |
| Filing 27 NOTICE of Mediator Selection. Selected/Added Neil Flaxman, Esq. as Mediator. (Adan, Elvis) |
| Filing 26 Clerks Notice to Filer re #25 Notice of Mediator Selection. Mediator Not Added; ERROR - The Filer failed to add the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the mediator. (mee) |
| Filing 25 NOTICE of Mediation Hearing. Selected/Added Neil Flaxman as Mediator. Mediation Hearing set for 6/15/2022 at 9:30 a.m.. (Adan, Elvis) |
| Filing 24 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by NEXX MOTELS, LLC.. (Barnhart, Valerie) |
| Reset Deadlines Per DE#22. Second Amended Complaint due by 1/21/2022. (cqs) |
| Filing 23 Second AMENDED COMPLAINT against NEXX MOTELS, LLC., U.S. 1 MOTEL MANAGEMENT, LLC. filed in response to Order Granting Motion for Leave, filed by VANESSA MARTINEZ.(Adan, Elvis) |
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Filing 22
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff Vanessa Martinez's Motion for Leave to Amend Complaint. #20 . Therein, Plaintiff requests leave to file a second amended complaint for the purposes of adding U.S. 1 Motel Management, LLC (U.S. 1 Motel) as a defendant in this case based on U.S. 1 Motel's joint employer status with Defendant Nexx Motels, LLC ("Nexx"). Id. at 1. Plaintiff informs the Court that Defendant Nexx opposes the requested relief. Rule of Civil Procedure 15(a)(2) permits a plaintiff to amend its pleading with the opposing party's written consent or the Court's leave. Fed. R. Civ. P. 15(a)(2). The decision whether to grant leave to amend is committed to the sound discretion of the trial court. Best Canvas Products & Supplies, Inc. v. Ploof Truck Lines, Inc., 713 F.2d 618, 622 (11th Cir. 1983). However, "[u]nless there is a substantial reason to deny leave to amend, the discretion of the district court is not broad enough to permit denial." Dussouy v. Gulf Coast Investment Corp., 660 F.2d 594, 598 (5th Cir. 1981). Here, the Court does not find a substantial reason to deny leave to amend. Accordingly, UPON CONSIDERATION of Motion #20 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Plaintiffs Motion to Amend the Complaint #20 is GRANTED. Plaintiff shall file a second amended complaint on or before January 21, 2022. Signed by Judge K. Michael Moore on 1/18/2022. (thn)
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| Filing 21 NOTICE by NEXX MOTELS, LLC. re 19 Order Referring Case to Mediation,,,,,,,,,,,,,,,, of Mediator Selection (Barnhart, Valerie) |
| Filing 20 MOTION for Leave to File Second Amended Complaint by VANESSA MARTINEZ. (Attachments: #1 Exhibit Second Amended Complaint)(Adan, Elvis) |
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Filing 19
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two week trial period beginning September 12, 2022, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. 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 mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore on 1/5/2022. (thn)
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Filing 18
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two week trial period of September 12, 2022, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on September 8, 2022, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for August 30, 2022, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. 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. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY"BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Judge K. Michael Moore on 1/5/2022. (thn) #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 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon the filing of the Parties' Joint Scheduling Report #15 and Plaintiff's Motion to Reopen Case #16 . On December 30, 2021, this Court entered an Order dismissing the instant matter because the Parties failed to file a joint scheduling report. 14 . Now, the Parties have complied with this Court's Order by filing the Joint Scheduling Report. #15 . Accordingly, UPON CONSIDERATION of the Joint Scheduling Report, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-captioned case is hereby REOPENED. The Clerk of Court is directed to REOPEN this case. All previously issued orders in this action remain in effect except those inconsistent with this Order. The Parties shall move this Court to reopen any previously filed motions that were mooted when this case was closed. Signed by Judge K. Michael Moore on 1/5/2022. (thn)
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| Filing 16 MOTION to Reopen Case by VANESSA MARTINEZ. (Adan, Elvis) |
| Filing 15 SCHEDULING REPORT - Rule 16.1 by VANESSA MARTINEZ (Adan, Elvis) |
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Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On October 1, 2021, the Court entered a Pretrial Order 6 which ordered the Parties to "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... Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. " 6 . Thus, the deadline for the Parties to submit a joint scheduling report was December 6, 2021. The Order cautioned, "[f]ailure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs." Id. Now, the December 6, 2021 deadline has passed and no Joint Scheduling Report has been filed in this case. Accordingly, based on the foregoing, it is ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is instructed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. The Parties may move to reopen this matter upon the Parties filing a joint scheduling report. Signed by Judge K. Michael Moore on 12/30/2021. (thn)
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| Filing 13 ANSWER and Affirmative Defenses to Complaint with Jury Demand by NEXX MOTELS, LLC.. (Barnhart, Valerie) |
| Filing 12 NOTICE of Attorney Appearance by Valerie Barton Barnhart on behalf of NEXX MOTELS, LLC.. Attorney Valerie Barton Barnhart added to party NEXX MOTELS, LLC. (pty:dft). (Barnhart, Valerie) |
| Filing 11 Summons Issued as to NEXX MOTELS, LLC.. (jao) |
| Filing 10 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents. (mee) |
| Filing 9 NOTICE of Filing Proposed Summons(es) by VANESSA MARTINEZ (Adan, Elvis) |
| Filing 8 AMENDED COMPLAINT against NEXX HOTELS, LLC., filed by VANESSA MARTINEZ.(Adan, Elvis) |
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Filing 7
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 Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 10/1/2021. (thn)
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Filing 6
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 Judge K. Michael Moore on 10/1/2021. (thn)
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| Filing 5 Notice of Compliance of Filing Fee $402.00, receipt number AFLSDC-15053765, Electronic Civil Case Filing re 3 Clerks Notice to Filer re: Electronic Case, 4 Clerks Notice to Filer re: Electronic Case (Adan, Elvis) |
| Filing 4 Clerks Notice to Filer re: Electronic Case. Filing fees not paid. Filer is instructed to file a Notice of Compliance of Filing Fee, and electronically pay the correct fees of $402.00 within 24 hours of this notice. (jc) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. IFP form not submitted. Filer is instructed to file the IFP form or pay the filling fees of $$402.00 within 24 hours of this notice. (mee) |
| Filing 2 Clerks Notice of Judge Assignment to 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. (mee) |
| Filing 1 COMPLAINT against NEXX HOTELS, LLC.. Filing fees $ 402.00. IFP Filed, filed by VANESSA MARTINEZ. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Adan, Elvis) |
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