Blanco v. Samuel et al
Plaintiff: Maria Eugenia Blanco
Defendant: Anand Adrian Samuel and Lindsey Adams Finch
Case Number: 1:2021cv24023
Filed: November 16, 2021
Court: U.S. District Court for the Southern District of Florida
Presiding Judge: Jonathan Goodman
Referring Judge: Robert N Scola
Nature of Suit: Labor: Fair Standards
Cause of Action: 28 U.S.C. § 1441 Notice of Removal - Labor
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on June 23, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2022 Opinion or Order Filing 109 Clerk's Notice to Filer re #108 Plaintiff's MOTION To Defer Taxation Of Costs Pending Appeal Mandate And To Deny De103 Without Prejudice To Be Refiled Within 14 Days Of The Appellate Mandate, If Warranted, Or For An Enlargement Of Time To Respond To Defendants Motion For Bill. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls)
November 9, 2022 Opinion or Order Filing 108 Plaintiff's MOTION to Defer Taxation of Costs pending Appeal Mandate and to Deny DE 103 without Prejudice to be Refiled within 14 Days of the Appellate Mandate, If Warranted, or by Maria Eugenia Blanco. (Attachments: #1 Text of Proposed Order)(Zidell, Jamie). Added MOTION for Extension of Time to File Response/Reply/Answer as to #103 Defendant's MOTION for Bill of Costs on 11/9/2022 (ls).
November 3, 2022 Opinion or Order Filing 107 Acknowledgment of Receipt of NOA from USCA re #102 Notice of Appeal, filed by Maria Eugenia Blanco. Date received by USCA: 11/1/2022. USCA Case Number: 22-13669-HH. (apz)
November 3, 2022 Opinion or Order Filing 106 ORDER REFERRING #103 Defendant's MOTION for Bill of Costs filed by Lindsey Adams Finch, Anand Adrian Samuel. Motions referred to Judge Jonathan Goodman. Signed by Judge Robert N. Scola, Jr. on 11/2/2022. See attached document for full details. (ls)
November 2, 2022 Opinion or Order Filing 105 TRANSCRIPT INFORMATION FORM by Maria Eugenia Blanco re #102 Notice of Appeal,,,. No Transcript Requested. (Zidell, Jamie)
November 2, 2022 Opinion or Order Filing 104 NOTICE by Maria Eugenia Blanco Of Filing (Attachments: #1 Exhibit Exhibit A - August 23, 2022 Hearing Transcript) (Zidell, Jamie)
November 1, 2022 Opinion or Order Transmission of Notice of Appeal, Orders/Judgment under appeal, and Docket Sheet to US Court of Appeals re #102 Notice of Appeal, Notice has been electronically mailed. (apz)
October 31, 2022 Opinion or Order Filing 103 Defendant's MOTION for Bill of Costs by Lindsey Adams Finch, Anand Adrian Samuel. Responses due by 11/14/2022 (Attachments: #1 Exhibit Form AO 133 with Receipts, #2 Exhibit Jeannie Court Reporting Rates, #3 Exhibit US District Court - Court Reporter's Fees)(Beutler, Mark)
October 31, 2022 Opinion or Order Filing 102 Notice of Appeal as to #82 Order on Motion for Summary Judgment,, Order on Motion for Hearing, #95 Order, #96 Judgment by Maria Eugenia Blanco. Filing fee $ 505.00 receipt number AFLSDC-16066086. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form #www.flsd.uscourts.gov/forms/all-forms. (Attachments: #1 Exhibit Exhibit A - Order Denying Plaintiff's Motion for Summary Judgment, #2 Exhibit Exhibit B - Order Granting Summary Judgment in favor of the Parents, #3 Exhibit Exhibit C - Final Judgment)(Zidell, Jamie)
October 12, 2022 Opinion or Order Filing 101 NOTICE OF WITHDRAWAL OF MOTION by Lindsey Adams Finch, Anand Adrian Samuel re #99 Plaintiff's MOTION for Bill of Costs filed by Lindsey Adams Finch, Anand Adrian Samuel (Beutler, Mark)
October 12, 2022 Opinion or Order Filing 100 RESPONSE in Opposition re #99 Plaintiff's MOTION for Bill of Costs And Objections filed by Maria Eugenia Blanco. Replies due by 10/19/2022. (Zidell, Jamie)
October 7, 2022 Opinion or Order Filing 99 Defendant's MOTION for Bill of Costs by Lindsey Adams Finch, Anand Adrian Samuel. Responses due by 10/21/2022 (Beutler, Mark) Modified text on 10/11/2022 (jua).
October 6, 2022 Opinion or Order Filing 98 CLERK'S NOTICE of Compliance of Sealing Entries re 97 Order. (pes)
October 6, 2022 Opinion or Order Filing 97 PAPERLESS ORDER: For the reasons set forth in #85 the Court's prior order, and as provided in #94 the parties' joint notice, the Court directs the Clerk to seal the following docket entries: [55-1]; [60-4]; [60-7]; [60-8]; [60-9]; [66-1]; [66-3]; [66-4]; and [66-5]. These filings shall be maintained under seal permanently. Signed by Judge Robert N. Scola, Jr. (kbe)
October 6, 2022 Opinion or Order Filing 96 JUDGMENT in favor of Anand Adrian Samuel, Lindsey Adams Finch against Maria Eugenia Blanco. Signed by Judge Robert N. Scola, Jr. on 10/6/2022. See attached document for full details. (ls)
October 6, 2022 Opinion or Order Filing 95 ORDER Entering Summary Judgment: Granting Summary Judgment in favor of the Parents. Closing Case. Signed by Judge Robert N. Scola, Jr. on 10/6/2022. See attached document for full details. (ls)
October 6, 2022 Opinion or Order Civil Case Terminated. Closing Case. (ls)
September 30, 2022 Opinion or Order Filing 94 NOTICE of Compliance Joint Notice Identifying Previously Filed Deposition Transcripts Requiring Redactions by Lindsey Adams Finch, Anand Adrian Samuel (Beutler, Mark)
September 30, 2022 Opinion or Order Filing 93 NOTICE of Filing Redacted Deposition Transcripts by Lindsey Adams Finch, Anand Adrian Samuel (Attachments: #1 Exhibit Redacted Deposition of Maria Blanco, #2 Exhibit Redacted Deposition of Anand Samuel, #3 Exhibit Redacted Deposition of Adriana Gomez, #4 Exhibit Redacted Deposition of Grace Trask, #5 Exhibit Redacted Exh 1 to D.E. 55) (Beutler, Mark) Modified Text on 10/3/2022 (ls).
August 31, 2022 Opinion or Order Filing 92 TRANSCRIPT of Motion for Summary Judgment held on 08/23/2022 before Judge Robert N. Scola, Jr, 1 - 54 pages, Court Reporter: Sharon Velazco, 305-523-5636 / [email protected]. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/21/2022. Redacted Transcript Deadline set for 10/3/2022. Release of Transcript Restriction set for 11/29/2022. (Pell Velazco, Sharon)
August 30, 2022 Opinion or Order Filing 91 PAPERLESS ORDER: The Court denies #14 the Defendants' motion for a referral to a settlement conference with United States Magistrate Judge Jonathan Goodman. If the parties believe informal mediation or mediation with a private mediator will be fruitful, the Court encourages them to fully explore that possibility. Signed by Judge Robert N. Scola, Jr. (kbe)
August 30, 2022 Opinion or Order Filing 90 PAPERLESS ORDER: The Court strikes #88 the Defendants' notice of filing. The Defendants supply no basis in either the Local Rules nor the Federal Rules of Civil Procedure that would authorize the filing of this notice. Without more, then, the Court finds it to be an improper and uninvited submission of additional argument. Signed by Judge Robert N. Scola, Jr. (kbe)
August 29, 2022 Opinion or Order Filing 89 NOTICE by Maria Eugenia Blanco re #88 Notice (Other), of Objection to Defendants' Notice of Filing at DE 88 (Zidell, Jamie)
August 26, 2022 Opinion or Order Filing 88 "STRICKEN" NOTICE by Lindsey Adams Finch, Anand Adrian Samuel Filing Documents Pursuant to 8-23-22 Hearing (Attachments: #1 Exhibit Plaintiff's Production PL 000088, #2 Exhibit Maria Blanco's Deposition Exhibit 2, #3 Exhibit Maria Blanco's Deposition Exhibit 7) (Beutler, Mark) Modified on 8/30/2022 (ls). (per DE #90)
August 24, 2022 Opinion or Order Filing 87 NOTICE by Maria Eugenia Blanco of Trial Availability (Joint) (Zidell, Jamie)
August 23, 2022 Opinion or Order Filing 86 PAPERLESS Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Calendar Call held on 8/23/2022. Oral Argument held on 8/23/2022 re #45 Plaintiff's Motion for Summary Judgment filed by Maria Eugenia Blanco. Matter taken under advisement. Jury trial is continued with date to be set by separate order. Total time in court: 1 hour. Attorney Appearance(s): Jamie H. Zidell, and Mark J. Beutler. Court Reporter: Sharon Velazco, 305-523-5636 / [email protected]. (jh)
August 23, 2022 Opinion or Order Deadline(s)/Hearing(s) terminate: Jury Trial set for 8/29/2022 before Judge Robert N. Scola Jr. is canceled. New date to be set by separate order. (jh)
August 22, 2022 Opinion or Order Filing 85 ORDER granting in part and denying in part #66 Motion to Seal Portions of Depositions. Signed by Judge Robert N. Scola, Jr on 8/22/2022. See attached document for full details. (pes)
August 8, 2022 Opinion or Order Filing 84 PAPERLESS ORDER: The Court grants #83 the Plaintiff's unopposed motion to reset the hearing regarding Federal Rule of Civil Procedure 56(f). The Court will hear the matter during the previously scheduled calendar call in this case, already set for August 23, 2022, at 9:00am. Signed by Judge Robert N. Scola, Jr. (kbe)
August 8, 2022 Opinion or Order Filing 83 Unopposed MOTION to Reset the Hearing Scheduled for August 10, 2022 re Set/Reset Hearings, #82 Order on Motion for Summary Judgment,, Order on Motion for Hearing, by Maria Eugenia Blanco. (Zidell, Jamie)
August 8, 2022 Opinion or Order Reset Miscellaneous Hearing set for 8/10/2022 09:00 AM before Judge Robert N. Scola Jr.. Per DE #82 (mr1)
August 5, 2022 Opinion or Order Filing 82 ORDER denying #45 Motion for Summary Judgment; denying #70 Motion for Hearing. (Hearing set for 8/1/2022 09:00 AM in Miami Division before Judge Robert N. Scola Jr..). Signed by Judge Robert N. Scola, Jr on 8/5/2022. See attached document for full details. (jas)
August 5, 2022 Opinion or Order Filing 81 Proposed Jury Instructions by Maria Eugenia Blanco. (Zidell, Jamie)
July 26, 2022 Opinion or Order Filing 80 Proposed Voir Dire Questions by Maria Eugenia Blanco. (Zidell, Jamie)
July 26, 2022 Opinion or Order Filing 79 PRETRIAL STIPULATION (Jointly filed) by Maria Eugenia Blanco (Attachments: #1 Exhibit Exhibit 1 - Plaintiff's Exhibit List, #2 Exhibit Exhibit 2 - Defendants Exhibit List, #3 Exhibit Exhibit 3 - Plaintiff's Witness List, #4 Exhibit Exhibit 4 - Defendants Witness List)(Zidell, Jamie)
July 26, 2022 Opinion or Order Filing 78 PAPERLESS ORDER: The Court grants #76 the parties "emergency" joint motion for a one-day extension of time to file their joint pretrial stipulation. The parties must file their stipulation on or before July 26, 2022. Signed by Judge Robert N. Scola, Jr. (kbe)
July 25, 2022 Opinion or Order Filing 77 Proposed Voir Dire Questions by Lindsey Adams Finch, Anand Adrian Samuel. (Beutler, Mark)
July 25, 2022 Opinion or Order Filing 76 Joint MOTION for Extension of Time Emergency Joint Motion to Extend Time By One Day for the Parties to File Their Joint Pretrial Stipulation re #12 Scheduling Order,, Order Referring Case to Mediation, by Lindsey Adams Finch, Anand Adrian Samuel. Responses due by 8/8/2022 (Attachments: #1 Text of Proposed Order Order Granting Motion)(Beutler, Mark)
July 20, 2022 Opinion or Order Filing 75 Plaintiff's REPLY to Response to Motion re #70 Defendant's MOTION for Hearing re #45 Plaintiff's MOTION for Summary Judgment Defendants' Motion for Oral Argument filed by Lindsey Adams Finch, Anand Adrian Samuel. (Attachments: #1 Exhibit Email exchange between counsel regarding conferral)(Beutler, Mark)
July 20, 2022 Opinion or Order Filing 74 Plaintiff's REPLY to Response to Motion re #55 Defendant's MOTION to Seal Previously Filed Deposition Transcripts and Corresponding Deposition Exhibits that Contain Confidential Information per Local Rule 5.4, #66 Defendant's MOTION to Seal Defendants' Renewed Motion to Place Under Seal Previously Filed Deposition Transcripts and Corresponding Deposition Exhibits that Contain Confidential Information per Local Rule 5.4 filed by Lindsey Adams Finch, Anand Adrian Samuel. (Attachments: #1 Exhibit Email exchange between counsel regarding conferral, #2 Exhibit Email exchange between counsel regarding conferral)(Beutler, Mark)
July 18, 2022 Opinion or Order Filing 73 Defendant's REPLY to Response to Motion re #65 Defendant's MOTION in Limine to Preclude Evidence Unrelated to Asserted Claims or Defenses and Unrelated Evidence of Conduct Predating Relevant Period filed by Lindsey Adams Finch, Anand Adrian Samuel. (Beutler, Mark)
July 13, 2022 Opinion or Order Filing 72 RESPONSE in Opposition re #70 Defendant's MOTION for Hearing re #45 Plaintiff's MOTION for Summary Judgment Defendants' Motion for Oral Argument filed by Maria Eugenia Blanco. Replies due by 7/20/2022. (Attachments: #1 Exhibit Exhibit A - Conferral)(Zidell, Jamie)
July 13, 2022 Opinion or Order Filing 71 RESPONSE in Opposition re #66 Defendant's MOTION to Seal Defendants' Renewed Motion to Place Under Seal Previously Filed Deposition Transcripts and Corresponding Deposition Exhibits that Contain Confidential Information per Local Rule 5.4 filed by Maria Eugenia Blanco. Replies due by 7/20/2022. (Zidell, Jamie)
July 12, 2022 Opinion or Order Filing 70 Defendant's MOTION for Hearing re #45 Plaintiff's MOTION for Summary Judgment Defendants' Motion for Oral Argument by Lindsey Adams Finch, Anand Adrian Samuel. (Attachments: #1 Text of Proposed Order Proposed Order Granting Defendants' Motion for Oral Argument)(Beutler, Mark)
July 11, 2022 Opinion or Order Filing 69 RESPONSE in Opposition re #65 Defendant's MOTION in Limine to Preclude Evidence Unrelated to Asserted Claims or Defenses and Unrelated Evidence of Conduct Predating Relevant Period filed by Maria Eugenia Blanco. Replies due by 7/18/2022. (Zidell, Jamie)
July 11, 2022 Opinion or Order Filing 68 Plaintiff's REPLY to Response to Motion re #63 Plaintiff's MOTION in Limine filed by Maria Eugenia Blanco. (Zidell, Jamie)
July 7, 2022 Opinion or Order Filing 67 RESPONSE in Opposition re #63 Plaintiff's MOTION in Limine Defendants' Opposition to Plaintiff's Omnibus Motion in Limine filed by Lindsey Adams Finch, Anand Adrian Samuel. Replies due by 7/14/2022. (Beutler, Mark)
July 5, 2022 Opinion or Order Filing 66 Defendant's MOTION to Seal Defendants' Renewed Motion to Place Under Seal Previously Filed Deposition Transcripts and Corresponding Deposition Exhibits that Contain Confidential Information per Local Rule 5.4 by Lindsey Adams Finch, Anand Adrian Samuel. (Attachments: #1 Transcripts Depo Anand Samuel, #2 Transcripts Depo Lindsey Finch, #3 Transcripts Depo Maria Blanco, #4 Transcripts Depo Grace Trask, #5 Transcripts Depo Adriana Gomez, #6 Text of Proposed Order Order Granting Defendants' Motion to Place Under Seal Previously Filed Deposition Transcripts and Corresponding Exhibits that Contain Confidential Information) (Beutler, Mark)
June 27, 2022 Opinion or Order Filing 65 Defendant's MOTION in Limine to Preclude Evidence Unrelated to Asserted Claims or Defenses and Unrelated Evidence of Conduct Predating Relevant Period by Lindsey Adams Finch, Anand Adrian Samuel. (Beutler, Mark)
June 24, 2022 Opinion or Order Filing 64 NOTICE Regarding #63 Plaintiff's MOTION in Limine by Maria Eugenia Blanco (Zidell, Jamie)
June 23, 2022 Opinion or Order Filing 63 Plaintiff's MOTION in Limine by Maria Eugenia Blanco. (Zidell, Jamie)
May 31, 2022 Opinion or Order Filing 62 CLERK'S NOTICE of Compliance of Sealing re #61 Order. (pes)
May 31, 2022 Opinion or Order Filing 61 ORDER granting #60 Motion To Substitute Certain Deposition Transcripts Filed As Exhibits. The Clerk is directed to permanently seal filings as indicated. Signed by Judge Robert N. Scola, Jr on 5/31/2022. See attached document for full details. (pes)
May 30, 2022 Opinion or Order Filing 60 Plaintiff's MOTION To Substitute Certain Deposition Transcripts Filed As Exhibits To ECF 43 And Pursuant To ECF 57 re 57 Order on Motion to Seal,,,,,,,, by Maria Eugenia Blanco. (Attachments: #1 Exhibit Exhibit 1 - Conferral Email, #2 Exhibit Exhibit 2 - Conferral Email, #3 Exhibit Exhibit 3 - Conferral Email, #4 Exhibit Exhibit 4 - Redacted Deposition transcript of Defendant Anand Adrian Samuel dated January 21, 2022, #5 Exhibit Exhibit 5 - Redacted Deposition transcript of Defendant Lindsey Adams Finch - Vol. 1,, #6 Exhibit Exhibit 6 - Redacted Deposition transcript of Defendant Lindsey Adams Finch - Vol. 2, #7 Exhibit Exhibit 7 - Redacted Deposition transcript of Plaintiff,, #8 Exhibit Exhibit 8 - Redacted Deposition transcript of Grace Trask, #9 Exhibit Exhibit 9 - Redacted Deposition transcript of Adrianna Gomez, #10 Exhibit Exhibit 10 - Redacted Deposition transcript of Isabella Toribio, #11 Exhibit Exhibit 11 - Redacted Payments to Plaintiff)(Zidell, Jamie)
May 27, 2022 Opinion or Order Filing 59 Plaintiff's REPLY to Defendants Additional Statement of Facts by Maria Eugenia Blanco. (Zidell, Jamie)
May 27, 2022 Opinion or Order Filing 58 Plaintiff's REPLY to Response to Motion re #45 Plaintiff's MOTION for Summary Judgment filed by Maria Eugenia Blanco. (Zidell, Jamie)
May 27, 2022 Opinion or Order Filing 57 PAPERLESS ORDER: The Court denies, without prejudice, #55 the Defendants' motion to seal various deposition transcripts and exhibits that purportedly contain confidential information, that were filed a month ago, because the motion does not contain a proper pre-filing-conference certification, as required by the Court's Local Rules. Local Rule 7.1(a)(3) requires an attorney filing a motion in a civil case to first confer with opposing counsel in a good-faith effort to resolve by agreement the issues raised in the motion. S.D. Fla. L.R. 7.1(a)(3). Counsel's averment that he "conferred with Plaintiff's counsel regarding this Motion" but that counsel "has not clearly stated Plaintiff's position," does not amount to a "reasonable effort to confer." "The purpose of the rule is to ensure judicial economy and prevent courts from considering issues the parties could agree on independently, and to ascertain whether the Court need wait for a response from the opposing party before deciding the motion." Aguilar v. United Floor Crew, Inc. , No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014) (Bloom, J.).Further, the Court advises it has concerns about aspects of the Defendants' motion. They seek to have several hundred pages of deposition transcripts and exhibits sealed from public view but then reference (and at the same time republish) fewer than six pages of the offending deposition testimony. The Defendants fail to explain why the limited sensitive and confidential information they complain of cannot be simply redacted. Lastly, if the Defendants' allegations are accurate, then it appears the referenced documents, filed by the Plaintiff, were submitted in violation of CM/ECF Administrative Procedures Rule 6. If that is the case, Plaintiff's counsel must immediately act to rectify any violations. If that is not the case, Plaintiff's counsel must file a notice, on or before May 31, 2022, certifying that there has been no violation. Signed by Judge Robert N. Scola, Jr. (kbe)
May 27, 2022 Opinion or Order Filing 56 NOTICE of Filing by Maria Eugenia Blanco (Attachments: #1 Exhibit Exhibit 1 - Defendant Samuel text messages, #2 Exhibit Exhibit 2 - Defendant Finch phone records) (Zidell, Jamie)
May 26, 2022 Opinion or Order Filing 55 Defendant's MOTION to Seal Previously Filed Deposition Transcripts and Corresponding Deposition Exhibits that Contain Confidential Information per Local Rule 5.4 by Lindsey Adams Finch, Anand Adrian Samuel. (Attachments: #1 Exhibit Deposition Excerpts, #2 Text of Proposed Order) (Beutler, Mark)
May 21, 2022 Opinion or Order Filing 54 Statement of: of Material Facts Responding in Opposition to Plaintiff's Statement of Material Facts by Lindsey Adams Finch, Anand Adrian Samuel re #47 Statement, #45 Plaintiff's MOTION for Summary Judgment (Beutler, Mark)
May 21, 2022 Opinion or Order Filing 53 NOTICE of Filing Documents in Opposition to Plaintiff's Motion for Summary Judgment and Statement of Material Facts in the by Lindsey Adams Finch, Anand Adrian Samuel re #45 Plaintiff's MOTION for Summary Judgment , #47 Statement (Attachments: #1 Exhibit Declaration of Adriana Gomez in English & Cert Spanish Translation, #2 Exhibit Declaration of Anand Samuel, #3 Exhibit Declaration of Lindsey Finch, M.D., #4 Exhibit Anand Samuel's 2nd Amended Resp to 1st ROGS, #5 Exhibit Excerpts from the Deposition of Plaintiff, Maria Blanco) (Beutler, Mark)
May 20, 2022 Opinion or Order Filing 52 RESPONSE in Opposition re #45 Plaintiff's MOTION for Summary Judgment and Request for Judgment Under Fed R Civ P 56(f)(1) filed by Lindsey Adams Finch, Anand Adrian Samuel. Replies due by 5/27/2022. (Attachments: #1 Exhibit US Dep Labor No. 2014-1, #2 Exhibit 791.2 Joint Emp. 29 CFR, #3 Exhibit 791.2 Deter Joint Emp Status under FLSA 29 CFR)(Beutler, Mark)
May 16, 2022 Opinion or Order Filing 51 FINAL MEDIATION REPORT by Suhaill M. Morales. Disposition: Case did not settle.(Morales, Suhaill)
May 11, 2022 Opinion or Order Filing 50 NOTICE Of Citation Correction by Maria Eugenia Blanco re #45 Plaintiff's MOTION for Summary Judgment (Zidell, Jamie)
May 3, 2022 Opinion or Order Filing 49 PAPERLESS ORDER: The Court grants #48 the Defendants' unopposed motion for an extension of time to respond to the Plaintiff's motion for summary judgment and statement of material facts. The Defendants must file their responses on or before May 20, 2022. No further extensions of the briefing of this motion will be considered. Signed by Judge Robert N. Scola, Jr. (kbe)
May 2, 2022 Opinion or Order Filing 48 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #47 Statement, #45 Plaintiff's MOTION for Summary Judgment and Statement of Material Facts by Lindsey Adams Finch, Anand Adrian Samuel. (Attachments: #1 Text of Proposed Order Order Granting Motion)(Beutler, Mark)
May 2, 2022 Opinion or Order Filing 47 Statement of: Material Facts by Maria Eugenia Blanco re #45 Plaintiff's MOTION for Summary Judgment (Zidell, Jamie)
May 2, 2022 Opinion or Order Filing 46 PAPERLESS ORDER: Plaintiff's counsel has waited until the eleventh hour to seek relief that should have been requested well before the Court's deadline. And he has also done so without indicating the need for an expedited or emergency ruling. This puts the Court in the untenable position of having to rule, on an immediate basis, in order to assist counsel in meeting his deadline. Plaintiff's counsel is admonished that further violations of the Court's rules and any future failures to meet Court-imposed deadlines will not be tolerated going forward. In the interest of moving this case along, however, and because opposing counsel does not object and because the request for an enlargement of pages is modest, the Court grants #44 counsel's motion to exceed the page limitations by only one page. The Plaintiff must immediately refile the statement of facts as a new docket entry. Signed by Judge Robert N. Scola, Jr. (kbe)
April 29, 2022 Opinion or Order Filing 45 Plaintiff's MOTION for Summary Judgment by Maria Eugenia Blanco. Responses due by 5/13/2022 (Zidell, Jamie)
April 29, 2022 Opinion or Order Filing 44 Unopposed MOTION for Leave to File Excess Pages by Maria Eugenia Blanco. (Attachments: #1 Exhibit Exhibit A - Proposed Statement of Material Facts, #2 Exhibit Proposed Order)(Zidell, Jamie)
April 29, 2022 Opinion or Order Filing 43 NOTICE by Maria Eugenia Blanco Of Filing Exhibits in Support of Plaintiff's Motion for Summary Judgment/Statement of Facts (Attachments: #1 Exhibit Deposition transcript of Defendant Anand Adrian Samuel dated January 21, 2022, #2 Exhibit Deposition transcript of Defendant Lindsey Adams Finch - Vol. 1, #3 Exhibit Deposition transcript of Defendant Lindsey Adams Finch - Vol. 2, #4 Exhibit Deposition transcript of Plaintiff, #5 Exhibit Deposition transcript of Grace Trask, #6 Exhibit Deposition transcript of Adrianna Gomez, #7 Exhibit Deposition transcript of Isabella Toribio, #8 Exhibit Deposition transcript of Sandra Rub of Mazal Nursing Services, #9 Exhibit Declaration of Michael Lin of Johanson & Yau Accountancy Corp., #10 Exhibit Plaintiff Maria Eugenia Blancos W2, #11 Exhibit Payments to Plaintiff, #12 Exhibit Defendants employment reference letter, #13 Exhibit Defendants Amended Interrogatory Responses, #14 Exhibit April 5, 2022 discovery hearing transcript, #15 Exhibit Declaration of Defendant Lindsey Adams Finch, #16 Exhibit Deposition transcript of Defendant Anand Adrian Samuel dated April 8, 2022) (Zidell, Jamie)
April 22, 2022 Opinion or Order Filing 42 TRANSCRIPT of Discovery Hearing Conducted Via Zoom held on 4/5/2022 before Magistrate Judge Jonathan Goodman, 1-24 pages, Court Reporter: Lisa Edwards, 305-439-7168 / [email protected]. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/13/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/21/2022. (apz)
April 15, 2022 Opinion or Order Filing 41 PAPERLESS ORDER: The Court denies #39 the Plaintiff's unopposed motion for leave to exceed the Court's twenty-page limitation with respect to her motion for summary judgment. Over the course of three docket entries, plus a Clerk's notice of error to filer and two emails to chambers, the Plaintiff maintains she needs an additional eight pages to fully address all the issues raised by the Defendants, in opposing her Fair Labor Standards Act claims. First, the complaint [1-1] itself is only three-and-a-half pages long and contains only one count. The Defendants' #7 answer is similarly condensed and interposes eight affirmative defenses. In her statement of claim #11 , the Plaintiff seeks less than $30,000 in unpaid wages and then liquidated damages in a matching amount. In other words, this matter in no way appears to be a particularly complex or massive FLSA case. Indeed, it seems anything but. Further, the Plaintiff has not complied with the Southern District of Florida's CM/ECF Administrative Procedures Rule 3I(1) which states, in part: "If a document to be filed requires a motion requesting leave of Court (e.g., an amended complaint, a document to be filed out of time, or a document exceeding the page limitation), the proposed document shall be submitted as a PDF attachment to the motion." This allows a court to review the proposed filing to evaluate whether excess pages are necessary. This is particularly important because, oftentimes, it is the Court's experience that an enlarged brief does not assist the Court because it is poorly organized and belabored with repetitive arguments. In sum, because the Plaintiff fails to establish some special need for excess pages and neglected to comply with the Court's procedures, the motion is denied. Signed by Judge Robert N. Scola, Jr. (kbe)
April 14, 2022 Opinion or Order Filing 40 Clerks Notice to Filer re #39 Unopposed MOTION for Leave to Exceed the Page Limit for Plaintiffs Motion For Summary Judgment. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (jas)
April 14, 2022 Opinion or Order Filing 39 Unopposed MOTION for Leave to Exceed the Page Limit for Plaintiffs Motion For Summary Judgment by Maria Eugenia Blanco. (Attachments: #1 Exhibit Proposed Order)(Zidell, Jamie) Modified Motion Relief on 4/15/2022 (jas).
April 14, 2022 Opinion or Order Filing 38 NOTICE OF WITHDRAWAL OF MOTION by Maria Eugenia Blanco re #37 Unopposed MOTION for Leave to Exceed the Page Limit Proscribed for Plaintiffs Motion For Summary Judgment filed by Maria Eugenia Blanco (Zidell, Jamie)
April 14, 2022 Opinion or Order Filing 37 Unopposed MOTION for Leave to Exceed the Page Limit Proscribed for Plaintiffs Motion For Summary Judgment by Maria Eugenia Blanco. (Attachments: #1 Exhibit Proposed Order)(Zidell, Jamie)
April 14, 2022 Opinion or Order Filing 36 ORDER granting #35 Motion to Extend the Mediation Deadline. Mediation Hearing reset for 5/11/2022 before Suhail Morales. Signed by Judge Robert N. Scola, Jr. on 4/13/2022. See attached document for full details. (jas)
April 12, 2022 Opinion or Order Filing 35 Joint MOTION to Extend the Mediation Deadline re #12 Scheduling Order,, Order Referring Case to Mediation, by Maria Eugenia Blanco. (Attachments: #1 Exhibit Proposed Order)(Zidell, Jamie)
April 5, 2022 Opinion or Order Filing 34 POST-DISCOVERY HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 4/5/2022. See attached document for full details. (mkr)
April 5, 2022 Opinion or Order Filing 33 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 4/5/2022. Post-Hearing Administrative Order to follow. Total time in court: 35 minutes. Attorney Appearance(s): Jamie H. Zidell, Mark J. Beutler, (Digital JG_02_04-05-2022/ Zoom) (fbn)
April 4, 2022 Opinion or Order Filing 32 PAPERLESS ORDER setting a Zoom Discovery Hearing set for 4/5/2022 at 1:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1610920455?pwd=YmJLR28wN3RwQXVmb3I3WkRmNDVNQT09. Meeting ID: 161 092 0455. Passcode: 163320. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 4/4/2022. (fbn)
April 4, 2022 Opinion or Order Filing 31 PAPERLESS ORDER re-setting hearing time regarding #30 Notice re Hearing by Attorney filed by Maria Eugenia Blanco. (Discovery Hearing re-set for 4/5/2022 at 1:00 PM in Miami Division before Magistrate Judge Jonathan Goodman). The specific Zoom link and instructions will follow by separate paperless order. Signed by Magistrate Judge Jonathan Goodman on 4/4/2022. (mkr) Modified text/status per Chambers on 4/4/2022 (sk).
March 31, 2022 Opinion or Order Filing 30 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 4/5/2022 01:30 PM before Magistrate Judge Jonathan Goodman. (Zidell, Jamie)
March 23, 2022 Opinion or Order Filing 29 AGREED ORDER on remaining discovery disputes following March 22, 2022 Hearing. Signed by Magistrate Judge Jonathan Goodman on 3/23/2022. See attached document for full details. (mkr)
March 23, 2022 Opinion or Order Filing 28 POST-DISCOVERY HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 3/23/2022. See attached document for full details. (mkr)
March 22, 2022 Opinion or Order Filing 27 PAPERLESS ORDER cancelling 26 continuation of Zoom Discovery Hearing set for 3/23/2022 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 3/22/2022. (mkr)
March 22, 2022 Opinion or Order Filing 26 PAPERLESS ORDER setting a CONTINUED Zoom Discovery Hearing set for 3/23/2022 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1613768089?pwd=MlVka2cvMmNQNmV3TWluOXBmM3hZdz09. Meeting ID: 161 376 8089. Passcode: 605449.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 3/22/2022. (fbn)
March 22, 2022 Opinion or Order Filing 25 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 3/22/2022. Total time in court: 1 hour(s) : 06 minutes. Attorney Appearance(s): Jamie H. Zidell, Mark J. Beutler, (Digital JG_02_03-22-2022/ Zoom) (fbn)
March 21, 2022 Opinion or Order Filing 24 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 3/22/2022 03:30 PM before Magistrate Judge Jonathan Goodman. (Zidell, Jamie)
March 11, 2022 Opinion or Order Filing 23 PAPERLESS ORDER setting a Zoom Discovery Hearing set for 3/22/2022 at 3:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1613768089?pwd=MlVka2cvMmNQNmV3TWluOXBmM3hZdz09. Meeting ID: 161 376 8089. Passcode: 605449.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 3/11/2022. (fbn)
March 10, 2022 Opinion or Order Filing 22 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 3/22/2022 03:30 PM before Magistrate Judge Jonathan Goodman. (Zidell, Jamie)
March 10, 2022 Opinion or Order Filing 21 PAPERLESS ORDER cancelling 19 Zoom Discovery Hearing set for 3/17/2022 at 1:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 3/10/2022. (mkr)
March 10, 2022 Opinion or Order Filing 20 NOTICE OF CANCELLATION OF HEARING by ATTORNEY: re #18 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 3/17/2022 01:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Zidell, Jamie), 19 PAPERLESS ORDER setting a Zoom Discovery Hearing set for 3/17/2022 at 1:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1613768089?pwd=MlVka2cvMmNQNmV3TWluOXBmM3hZdz09. Meeting ID: 161 376 8089. Passcode: 605449. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 3/9/2022. (fbn) (Zidell, Jamie)
March 9, 2022 Opinion or Order Filing 19 PAPERLESS ORDER setting a Zoom Discovery Hearing set for 3/17/2022 at 1:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1613768089?pwd=MlVka2cvMmNQNmV3TWluOXBmM3hZdz09. Meeting ID: 161 376 8089. Passcode: 605449. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 3/9/2022. (fbn)
March 9, 2022 Opinion or Order Filing 18 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 3/17/2022 01:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Zidell, Jamie)
March 4, 2022 Opinion or Order Filing 17 ORDER Scheduling Mediation before Suhail Morales. Mediation Hearing set for 4/12/2022. Signed by Judge Robert N. Scola, Jr on 3/4/2022. See attached document for full details. (jas)
February 25, 2022 Opinion or Order Filing 16 STATUS REPORT (Joint Interim Status Report) by Maria Eugenia Blanco (Zidell, Jamie)
February 23, 2022 Opinion or Order Filing 15 NOTICE of Mediator Selection and Hearing. Selected/Added Suhaill Machado Morales as Mediator. Mediation Hearing set for 04/12/2022 at 10:30 a.m.. (Attachments: #1 Exhibit Proposed Order Scheduling Mediation)(Zidell, Jamie)
January 18, 2022 Opinion or Order Filing 14 Defendant's MOTION to Compel Referral to Settlement Conference with Magistrate Judge Jonathan Goodman by Lindsey Adams Finch, Anand Adrian Samuel. Responses due by 2/1/2022 (Attachments: #1 Text of Proposed Order Order Granting Motion)(Beutler, Mark)
December 29, 2021 Opinion or Order Filing 13 Defendant's RESPONSE in Opposition to Plaintiff's Statement of Claim by Lindsey Adams Finch, Anand Adrian Samuel. (Beutler, Mark)
December 16, 2021 Opinion or Order Filing 12 Scheduling Order and Order of Referral to Mediation: (Jury Trial set for 8/29/2022 before Judge Robert N. Scola Jr.., Calendar Call set for 8/23/2022 09:00 AM in Miami Division before Judge Robert N. Scola Jr..), ORDER REFERRING CASE to Mediation. Signed by Judge Robert N. Scola, Jr on 12/16/2021. See attached document for full details. (jas)
December 16, 2021 Opinion or Order Filing 11 Statement of: Claim by Maria Eugenia Blanco re #8 Order Referring Case to Magistrate Judge, (Zidell, Jamie)
December 15, 2021 Opinion or Order Filing 10 Joint SCHEDULING REPORT - Rule 26(f) by Maria Eugenia Blanco (Attachments: #1 Exhibit Proposed Scheduling Order)(Zidell, Jamie)
November 29, 2021 Opinion or Order Filing 9 MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 11/29/2021. See attached document for full details. (fbn)
November 24, 2021 Opinion or Order Filing 8 ORDER Requiring Discovery and Scheduling Conference, Order Requiring Statement of Claim and Response in FLSA Case, and Order Referring Discovery Matters to the Magistrate Judge. Signed by Judge Robert N. Scola, Jr on 11/23/2021. See attached document for full details. (kpe)
November 23, 2021 Opinion or Order Filing 7 Defendants' ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Lindsey Adams Finch, Anand Adrian Samuel. (Attachments: #1 Exhibit Complaint)(Beutler, Mark)
November 17, 2021 Opinion or Order Filing 6 NOTICE of Filing Civil Cover Sheet by Lindsey Adams Finch, Anand Adrian Samuel re #1 Notice of Removal (State Court Complaint), US District Court Civil Cover Sheet (Beutler, Mark) Modified text on 11/18/2021 (kpe).
November 17, 2021 Opinion or Order Filing 5 Clerks Notice to Filer re: Electronic Case. No U.S. District Court Civil Cover Sheet filed. JS 44 Form (Civil Cover Sheet) can be found on the Court's website. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (kpe)
November 16, 2021 Opinion or Order Filing 4 NOTICE of Filing State Court Civil Cover Sheet by Lindsey Adams Finch, Anand Adrian Samuel re #1 Notice of Removal (State Court Complaint), (Beutler, Mark) Modified text on 11/17/2021 (kpe).
November 16, 2021 Opinion or Order Filing 3 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (kpe)
November 16, 2021 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (kpe)
November 16, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint Under 29 U.S.C. 201-216 for Overtime Wage Violations) Filing fee $ 402.00 receipt number AFLSDC-15176338, filed by Lindsey Adams Finch, Anand Adrian Samuel. (Attachments: #1 Exhibit Complaint, #2 Civil Cover Sheet Civil Action Cover Sheet, #3 Summon(s) Summons Served on Anand, #4 Summon(s) Summons Served on Lindsey)(Beutler, Mark) No answer/motion to dismiss filed. Modified text on 11/16/2021 (kpe).

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Search for this case: Blanco v. Samuel et al
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Plaintiff: Maria Eugenia Blanco
Represented By: Jamie H. Zidell
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Defendant: Anand Adrian Samuel
Represented By: Mark J. Beutler
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Defendant: Lindsey Adams Finch
Represented By: Mark J. Beutler
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