RODRIGUEZ FERRER v. ATLAS PILES, LLC. et al
| MANUEL RODRIGUEZ FERRER |
| ATLAS PILES, LLC., HAMMER TIME BUILDERS INC.,, CARBAJAL INVESTMENTS 1, INC.,, AC REAL ESTATE INVESTMENTS INC, REINALDO AQUIT and ALBERTO CARBAJAL |
| 1:2021cv24051 |
| November 17, 2021 |
| US District Court for the Southern District of Florida |
| Joan A Lenard |
| Labor: Fair Standards |
| 15 U.S.C. § 0002 |
| Plaintiff |
Docket Report
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| Filing 22 MOTION to Dismiss #1 Complaint, , MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, ( Responses due by 1/28/2022) by AC REAL ESTATE INVESTMENTS INC. (Attachments: #1 Affidavit Alberto Carbajal Affidavit Regarding Carbajal Investments, #2 Affidavit Alberto Carbajal Affidavit Regarding AC Real Estate Investments, #3 Affidavit Alberto Carbajal Affidavit Regarding Hammer Time Builders, #4 Exhibit Tax Returns)(Torres, Vanessa) |
| Filing 21 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, by ALBERTO CARBAJAL, CARBAJAL INVESTMENTS 1, INC.,, HAMMER TIME BUILDERS INC.,. Responses due by 1/28/2022 (Attachments: #1 Affidavit Alberto Carbajal Affidavit Regarding Carbajal Investments 1, Inc., #2 Affidavit Alberto Carbajal Affidavit Regarding AC Real Estate Investments, #3 Affidavit Alberto Carbajal Affidavit Regarding Hammer Time Builders, #4 Exhibit Tax Returns)(Torres, Vanessa) |
| Filing 20 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by MANUEL RODRIGUEZ FERRER (Pollock, Brian) |
| Reset/Answer Due Deadlines: AC REAL ESTATE INVESTMENTS INC response/answer due 1/14/2022; ALBERTO CARBAJAL response/answer due 1/14/2022; CARBAJAL INVESTMENTS 1, INC., response/answer due 1/14/2022; HAMMER TIME BUILDERS INC., response/answer due 1/14/2022. SEE DE 19 ORDER (ail) |
Filing 19
PAPERLESS ORDER GRANTING Defendants Hammer Time Builders Inc., Carbajal Investments 1, Inc., AC Real Estate Investments Inc, and Alberto Carbajal's Unopposed Motion for Extension of Time to Respond to Complaint. (D.E. #17 , #18 .) The above-named Defendants shall have until and including January 14, 2022 to respond to the Complaint. Plaintiff's #12 Motion for Entry of Clerk's Default Against Defendants is DENIED AS MOOT. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 1/5/2022. (gie)
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| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by AC REAL ESTATE INVESTMENTS INC. (Attachments: #1 Text of Proposed Order)(Torres, Vanessa) |
| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by ALBERTO CARBAJAL, CARBAJAL INVESTMENTS 1, INC.,, HAMMER TIME BUILDERS INC.,. (Attachments: #1 Text of Proposed Order)(Torres, Vanessa) |
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Filing 16
PAPERLESS DENYING AS MOOT Defendants Hammer Time Builders Inc., Carbajal Investments 1, Inc., AC Real Estate Investments Inc., and Alberto Carbajal's Motion to Vacate and/or Set Aside Clerk's Entry of Default. (D.E. #14 , #15 .) The Clerk has not entered default against the above-named Defendants. Therefore, Defendants' Motion is DENIED AS MOOT. The Court notes that Defendants' Motion accuses Plaintiff's counsel of being "uncivil" for moving for default judgment as ordered by the Court. (See Mot. para 10.) They state that counsel for Defendants asked Plaintiff's counsel for an extension of time to respond to the Complaint, and that the extension "was granted by Plaintiff." (Id. para. 7.) Pursuant to Federal Rule of Civil Procedure 12(a)(1)(A), a defendant must respond to a complaint within 21 days after being served with the summons and complaint. Pursuant to Local Rule 6(b)(1), "the court may, for good cause, extend the time" within which an act must be done. (Emphasis added.) Neither the Federal Rules of Civil Procedure nor the Local Rules of the Southern District of Florida authorize Plaintiff's counsel to grant Defendants an extrajudicial extension of time to respond to the Complaint. Defendants still have not asked the Court for an extension of time to respond to the Complaint--although the proposed order they attach to their Motion to Set Aside Clerk's Entry of Default includes a proposed order extending the time to respond to the Complaint, (see D.E. 15-2), they do not request that extension in their Motion to Set Aside Clerk's Entry of Default. Thus, the issue is not properly before the Court.This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 1/4/2022. (gie)
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| Filing 15 MOTION to Set Aside Default by AC REAL ESTATE INVESTMENTS INC. (Attachments: #1 Exhibit Electronic Correspondence to Opposing Counsel, #2 Text of Proposed Order Proposed Order)(Torres, Vanessa) |
| Filing 14 MOTION to Set Aside Default by ALBERTO CARBAJAL, CARBAJAL INVESTMENTS 1, INC.,, HAMMER TIME BUILDERS INC.,. (Attachments: #1 Exhibit Electronic Correspondence to Opposing Counsel, #2 Text of Proposed Order Proposed Order)(Torres, Vanessa) |
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Filing 13
PAPERLESS ORDER GRANTING #11 Plaintiff's Motion to Reopen Case. It is ORDERED AND ADJUDGED that the Court's Paperless Order Dismissing Case as to Defendants Carbajal Investments 1, Inc., Alberto Carbajal, Hammer Time Builders Inc., and AC Real Estate Investments Inc., (D.E. 10), is VACATED. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 1/4/2022. (gie)
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| Filing 12 MOTION for Clerks Entry of Default as to AC REAL ESTATE INVESTMENTS INC, ALBERTO CARBAJAL, CARBAJAL INVESTMENTS 1, INC.,, HAMMER TIME BUILDERS INC., by MANUEL RODRIGUEZ FERRER. (Attachments: #1 Clerk's Default)(Cummings, Toussaint) |
| Filing 11 Plaintiff's MOTION to Reopen Case by MANUEL RODRIGUEZ FERRER. (Attachments: #1 Exhibit A)(Cummings, Toussaint) |
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Filing 10
PAPERLESS ORDER DISMISSING CASE as to Defendants Carbajal Investments 1, Inc., Alberto Carbajal, Hammer Time Builders Inc., and AC Real Estate Investments Inc. On November 30, 2021, Plaintiff filed Returns of Service indicating that Defendants Carbajal Investments 1, Inc., (D.E. 4-1), Alberto Carbajal, (D.E. 4-3), Hammer Time Builders Inc., (D.E. 5-1), and AC Real Estate Investments Inc., (D.E. 5-3), were served on November 29, 2021. Defendants failed to timely respond to the Complaint. Thus, on December 22, 2021, the Court issued an Order providing Plaintiff ten days to file a Motion for Default of show cause why this case should not be dismissed as to the above-named Defendants for lack of prosecution. (D.E. 9.) Plaintiff failed to timely respond to the Court's Order of December 22, 2021. Accordingly, it is ORDERED AND ADJUDGED that this case is hereby DISMISSED without prejudice as to Defendants Carbajal Investments 1, Inc., Alberto Carbajal, Hammer Time Builders Inc., and AC Real Estate Investments Inc. for failure to prosecute. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 1/4/2022. (gie)
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Filing 9
PAPERLESS ORDER TO SHOW CAUSE. On November 30, 2021, Plaintiff filed Returns of Service indicating that Defendants Carbajal Investments 1, Inc., (D.E. 4-1), Alberto Carbajal, (D.E. 4-3), Hammer Time Builders Inc., (D.E. 5-1), and AC Real Estate Investments Inc., (D.E. 5-3), were served on November 29, 2021. Over twenty-one days have now passed, and the above-named Defendants have not filed a response. Accordingly, it is ORDERED AND ADJUDGED that Plaintiff shall have ten (10) days from the date of this Order within which to file a Motion for Default or show cause why this case should not be dismissed for lack of prosecution. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/22/2021. (gie)
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| Filing 8 NOTICE of Attorney Appearance by Toussaint Marcus Cummings on behalf of MANUEL RODRIGUEZ FERRER. Attorney Toussaint Marcus Cummings added to party MANUEL RODRIGUEZ FERRER(pty:pla). (Cummings, Toussaint) |
| Filing 7 NOTICE of Attorney Appearance by Vanessa D Torres on behalf of AC REAL ESTATE INVESTMENTS INC. Attorney Vanessa D Torres added to party AC REAL ESTATE INVESTMENTS INC(pty:dft). (Torres, Vanessa) |
| Filing 6 NOTICE of Attorney Appearance by Vanessa D Torres on behalf of ALBERTO CARBAJAL, CARBAJAL INVESTMENTS 1, INC.,, HAMMER TIME BUILDERS INC.,. Attorney Vanessa D Torres added to party ALBERTO CARBAJAL(pty:dft), Attorney Vanessa D Torres added to party CARBAJAL INVESTMENTS 1, INC.,(pty:dft), Attorney Vanessa D Torres added to party HAMMER TIME BUILDERS INC.,(pty:dft). (Torres, Vanessa) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MANUEL RODRIGUEZ FERRER. AC REAL ESTATE INVESTMENTS INC served on 11/29/2021, response/answer due 12/20/2021; HAMMER TIME BUILDERS INC., served on 11/29/2021, response/answer due 12/20/2021. (Attachments: #1 Affidavit Return of Service (Hammer Time0, #2 Notice of Filing Return of Service (AS Real Estate), #3 Affidavit Return of Service (AS Real Estate))(Pollock, Brian) |
| Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MANUEL RODRIGUEZ FERRER. ALBERTO CARBAJAL served on 11/29/2021, response/answer due 12/20/2021; CARBAJAL INVESTMENTS 1, INC., served on 11/29/2021, response/answer due 12/20/2021. (Attachments: #1 Affidavit Return of Service Carbajal Investments Inc., #2 Notice of Filing Return of Service of Carbajal, #3 Affidavit Return of Service Carbajal)(Pollock, Brian) |
| Filing 3 Summons Issued as to AC REAL ESTATE INVESTMENTS INC, REINALDO AQUIT, ATLAS PILES, LLC., ALBERTO CARBAJAL, CARBAJAL INVESTMENTS 1, INC.,, HAMMER TIME BUILDERS INC.,. (pes) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Joan A. Lenard. 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. (pes) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15181979, filed by MANUEL RODRIGUEZ FERRER. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) ATLAS, #3 Summon(s) AC, #4 Summon(s) AQUIT, #5 Summon(s) HAMMER TIME, #6 Summon(s) CARBAJAL INVESTMENTS, #7 Summon(s) CARBAJAL)(Pollock, Brian) |
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