MATOS v. SPECIAL FRUIT ARRANGEMENTS, LLC et al
| ANGELO MATOS |
| SPECIAL FRUIT ARRANGEMENTS, LLC, ANGEL CASANOVA and MARIA ROSA ALAIMO STRAZZERI |
| 1:2022cv20449 |
| February 14, 2022 |
| US District Court for the Southern District of Florida |
| Jose E Martinez |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 35
PAPERLESS ORDER RE-SETTING SETTLEMENT CONFERENCE. The Settlement Conference scheduled for May 2, 2022 is hereby re-set for Wednesday, May 4, 2022 at 9:00 a.m. See ECF No. 34 . Signed by Magistrate Judge Jacqueline Becerra on 4/4/2022. (cor)
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Filing 34
PAPERLESS ORDER SETTING SETTLEMENT CONFERENCE. The in-person Settlement Conference in this matter is scheduled for 9:00 A.M. on Monday, May 2, 2022, before the undersigned in Courtroom 1006, 99 N.E. 4th Street, Miami, Florida, 33132. Parties should note that: (1) The Conference shall be conducted without a court reporter and will not be tape recorded. All representations made at the Conference shall remain confidential. However, if a settlement is reached, the Court may require the parties to state the material terms of the agreement on the Court record. (2) The parties are not required to submit any statements/documentation in preparation for the Conference. However, counsel for Plaintiff(s) should be prepared to provide the Court with billing and/or time records to support an award of fees, should the parties decide to reach an agreement on attorneys' fees as part of the settlement. (3) Each counsel is required to meet (either in person or by phone) with their client(s) regarding settlement at least five days prior to the Settlement Conference. (4) Counsel must confer with each other (either in person or by phone) to discuss their respective settlement positions, and to exchange settlement offers before the date of the Settlement Conference set above. (5) The Court does not provide an interpreter for parties who do not speak English. If a party requires an interpreter, it shall be that party's burden to provide one. (6) Although counsel of record may bring laptop computers or cellular phones into the Federal Courthouse, absent an Order of the Court, the parties are not allowed to do so. (7) Counsel shall remind their clients that they must bring proper identification (for example, a driver's license). Prior to your courthouse visit, please # click here to view our COVID-19 Rules and Procedures. Signed by Magistrate Judge Jacqueline Becerra on 3/31/2022. (cor)
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| Filing 33 RESPONSE to #13 Statement by SPECIAL FRUIT ARRANGEMENTS, LLC. (Resnik, Marcy) |
| Filing 32 Defendant's RESPONSE by ANGEL CASANOVA. (Pines, Ricardo) |
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Filing 31
PAPERLESS ORDER REGARDING PROCEDURES TO SET SETTLEMENT CONFERENCE. To set the Settlement Conference mandated by the District Court, ECF No. 28 , counsel for Plaintiff shall send an e-mail, to chambers_becerra@flsd.uscourts.gov, within seven days of all counsel filing their Notice of Appearances, or within seven days of this order if all counsel have already filed appearances. The e-mail shall list at least three different dates and times where all counsel and parties are available for the Settlement Conference. These dates must all be within 20 days of that date of the e-mail to chambers. The Court prefers to set settlement conferences on Tuesdays and Thursdays at 9:00 a.m., 12:00 p.m., or 3:00 p.m. If counsel and the parties are not available on those dates and times, they are permitted to propose other dates and times, but all proposed dates must be within the deadline set above. Plaintiff's counsel shall copy all counsel on the e-mail to chambers. Failure to submit proposed dates by the deadline will results in the Court setting the conference unilaterally. The Settlement Conference will not be continued absent compelling circumstances (i.e., counsel has a conflict with another court hearing). The settlement conference will be conducted telephonically, unless both parties propose that video conference would be preferable. In providing dates for the Settlement Conference, counsel should note that: (1) The Settlement Conference must be attended, except as provided under Local Rule 16.2(e) for public-sector entities, by counsel of record and each party, or representatives of each party with full authority to enter into a complete settlement. (2) In the event that a monetary settlement would be payable from proceeds of an insurance policy, a claims professional/representative(s) from the party's insurer, with full and final authority to authorize payment to settle the matter up to the full limits of the party's policy shall be present. The failure of a party representative with full and final authority to make and accept offers of settlement to attend this Conference may result in the undersigned's sua sponte recommendation to the District Judge that sanctions be entered against the offending party. Signed by Magistrate Judge Jacqueline Becerra on 3/23/2022. (cor)
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| Filing 30 Defendant's RESPONSE to #13 Statement of Claim by MARIA ROSA ALAIMO STRAZZERI. (Peterson, Madelyn) |
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Filing 29
ORDER Granting #20 Motion for Substitution of Counsel. Attorney Marcy S. Resnik added. Attorney Ricardo Enrique Pines, Jr representing SPECIAL FRUIT ARRANGEMENTS, LLC (Defendant) terminated. Signed by Judge Jose E. Martinez on 3/22/2022. See attached document for full details. (cds)
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Filing 28
PAPERLESS ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for a Settlement Conference. Except as provided in Local Rule 16.2(e), the appearance of counsel and each party, or a representative with full settlement authority, is mandatory. The Court normally mandates that appearance be in person; however, given the restrictions caused by COVID-19, Judge Becerra will dictate how participation will occur. Signed by Judge Jose E. Martinez on 3/22/2022. (cvl)
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Filing 27
PAPERLESS ORDER denying as moot #17 Motion for Substitution of Counsel in light of #20 Amended Motion for Substitution of Counsel. Signed by Judge Jose E. Martinez on 3/22/2022. (cvl)
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| Filing 26 ANSWER and Affirmative Defenses to Complaint by MARIA ROSA ALAIMO STRAZZERI. (Peterson, Madelyn) |
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Filing 25
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: ( Jury Trial set for 3/27/2023 09:30 AM in Miami Division before Judge Jose E. Martinez., Calendar Call set for 3/23/2023 01:30 PM in Miami Division before Judge Jose E. Martinez.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for Discovery Matters. Signed by Judge Jose E. Martinez on 3/22/2022. See attached document for full details. (cds) #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 24 RESPONSE in Opposition re #14 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM filed by ANGELO MATOS. Replies due by 3/28/2022. (Smukler, Aron) |
| Filing 23 Special Fruit Arrangements, LLC ANSWER and Affirmative Defenses to Complaint by SPECIAL FRUIT ARRANGEMENTS, LLC. (Resnik, Marcy) |
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Filing 22
PAPERLESS ORDER granting in part #18 #19 Defendant Special Fruit Arrangements LLC's Motion for Extension of Time to Respond to Plaintiff's Complaint. The response is due no later than March 21, 2022. No further extensions will be granted absent exigent circumstances. Signed by Judge Jose E. Martinez on 3/10/2022. (cvl)
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| Filing 21 NOTICE of Change of Address, Email or Law Firm Name by Marcy Stone Resnik (Resnik, Marcy) |
| Filing 20 STIPULATED MOTION for Substitution of Counsel. Substituting Marcy S. Resnik, Esq. for Ricardo E. Pines, Esq. by SPECIAL FRUIT ARRANGEMENTS, LLC. Responses due by 3/22/2022 (Attachments: #1 Exhibit Consent, #2 Text of Proposed Order Proposed Order)(Resnik, Marcy) |
| Filing 19 MOTION for Extension of Time to File Response/Reply/Answer by SPECIAL FRUIT ARRANGEMENTS, LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Resnik, Marcy) |
| Filing 18 MOTION for Extension of Time to File Response/Reply/Answer by SPECIAL FRUIT ARRANGEMENTS, LLC. (Resnik, Marcy) |
| Filing 17 UNSTIPULATED MOTION for Substitution of Counsel. Substituting Marcy S. Resnik, Esq. for Ricardo E. Pines by SPECIAL FRUIT ARRANGEMENTS, LLC. Attorney Marcy Stone Resnik added to party SPECIAL FRUIT ARRANGEMENTS, LLC(pty:dft). Responses due by 3/21/2022 (Resnik, Marcy) |
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Filing 16
PAPERLESS ORDER granting in part #15 Motion for Extension of Time to Respond to Complaint. Defendant Maria Rosa Alaimo Strazzeri shall respond to the complaint no later than March 22, 2022. Signed by Judge Jose E. Martinez on 3/7/2022. (cvl)
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| Filing 15 Defendant's MOTION for Extension of Time to Respond to The Complaint re #1 Complaint by MARIA ROSA ALAIMO STRAZZERI. Attorney Madelyn Patricia Peterson added to party MARIA ROSA ALAIMO STRAZZERI(pty:dft). Responses due by 3/21/2022 (Peterson, Madelyn) |
| Filing 14 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by ANGEL CASANOVA. Responses due by 3/21/2022 (Pines, Ricardo) |
| Filing 13 Statement of: Claim by ANGELO MATOS (Smukler, Aron) |
| Reset Response/Answer Due Deadline: MARIA ROSA ALAIMO STRAZZERI response/answer due 3/22/2022. PER DE# 16 (cds) |
| Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by ANGELO MATOS (Smukler, Aron) |
| Filing 11 Clerks Notice to Filer re #10 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. Tanesha W. Blye, Esq. (cds) |
| Filing 10 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by ANGELO MATOS (Smukler, Aron) |
| Filing 9 Notice of NO Pending, Refiled, Related or Similar Actions by ANGELO MATOS (Smukler, Aron) |
| Filing 8 NOTICE of Attorney Appearance by Ricardo Enrique Pines, Jr on behalf of ANGEL CASANOVA, SPECIAL FRUIT ARRANGEMENTS, LLC. Attorney Ricardo Enrique Pines, Jr added to party ANGEL CASANOVA(pty:dft), Attorney Ricardo Enrique Pines, Jr added to party SPECIAL FRUIT ARRANGEMENTS, LLC(pty:dft). (Pines, Ricardo) |
| Filing 7 NOTICE OF COURT PRACTICES IN FLSA CASES. Signed by Judge Jose E. Martinez on 2/15/2022. See attached document for full details. (cds) |
| 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 ANGELO MATOS. MARIA ROSA ALAIMO STRAZZERI served on 2/15/2022, response/answer due 3/8/2022. (Smukler, Aron) |
| 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 ANGELO MATOS. SPECIAL FRUIT ARRANGEMENTS, LLC served on 2/15/2022, response/answer due 3/8/2022. (Smukler, Aron) |
| 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 ANGELO MATOS. ANGEL CASANOVA served on 2/15/2022, response/answer due 3/8/2022. (Smukler, Aron) |
| Filing 3 Summons Issued as to MARIA ROSA ALAIMO STRAZZERI, ANGEL CASANOVA, SPECIAL FRUIT ARRANGEMENTS, LLC. (cds) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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 All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15396560, filed by ANGELO MATOS. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Smukler, Aron) |
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