Rivera v. Mastec Services Company, Inc. et al
| Fernando Rivera |
| DECISIVE COMMUNICATIONS, INC., MASTEC SERVICES COMPANY, INC., and MasTec Services Company, Inc. |
| 1:2022cv20726 |
| March 10, 2022 |
| U.S. District Court for the Southern District of Florida |
| Darrin P Gayles |
| Labor: Other |
| 15 U.S.C. § 0002 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 21, 2023. A more recent docket listing may be available from PACER.
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Filing 20
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before May 25, 2022, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. ( Joint Scheduling Report due by 5/25/2022). Signed by Judge Darrin P. Gayles on 5/3/2022. (ed00)
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| Filing 19 Defendant's RESPONSE to #10 Statement of Claim filed by Plaintiff by Decisive Communications, Inc., MasTec Services Company, Inc.. (Morel, Miguel) |
| Filing 18 Defendant's MOTION to Dismiss #15 Amended Complaint/Amended Notice of Removal OR, ALTERNATIVELY, TO STAY ACTION AND COMPEL ARBITRATION by MasTec Services Company, Inc.. Responses due by 5/16/2022 (Attachments: #1 Exhibit A - MasTec U.S. SEC Filings, #2 Exhibit B - Florida Division of Corporations -Annual Reports, #3 Exhibit C - Mediation & Arbitration Policy, #4 Exhibit D - Plaintiff's Signed Acknowledgment Form, #5 Exhibit E - Conferral E-Mail)(Morel, Miguel) |
| Reset Response/Answer Due Deadline: Decisive Communications, Inc. response/answer due 5/2/2022; MasTec Services Company, Inc. response/answer due 5/2/2022. (ls)(per DE # 17 ) |
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Filing 17
PAPERLESS ORDER granting #16 Defendants' Motion for Extension of Time to Respond to Plaintiff's Complaint and to Plaintiff's Statement of Claim. Defendant shall file an answer or motion to dismiss in response to Plaintiff's #15 Amended Complaint, as well as a response to #10 Plaintiff's Statement of Claim on or before May 2, 2022. Signed by Judge Darrin P. Gayles on 4/27/2022. (jsi)
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| Filing 16 Unopposed MOTION for Extension of Time to file Defendants' response or other pleading to the Amended Complaint re #15 Amended Complaint/Amended Notice of Removal by Decisive Communications, Inc., MasTec Services Company, Inc.. Responses due by 5/4/2022 (Attachments: #1 Text of Proposed Order Proposed Order)(Morel, Miguel) |
| Filing 15 AMENDED COMPLAINT against MasTec Services Company, Inc., filed by Fernando Rivera.(Perera, Jorge) |
| Filing 14 NOTICE of Attorney Appearance by Alexander Thomas Harne on behalf of Fernando Rivera. Attorney Alexander Thomas Harne added to party Fernando Rivera(pty:pla). (Harne, Alexander) |
| Filing 13 NOTICE of Attorney Appearance by Jessica Theresa Travers on behalf of Decisive Communications, Inc., MasTec Services Company, Inc.. Attorney Jessica Theresa Travers added to party Decisive Communications, Inc.(pty:dft), Attorney Jessica Theresa Travers added to party MasTec Services Company, Inc.(pty:dft). (Travers, Jessica) |
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Filing 12
PAPERLESS ORDER granting #11 Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendants shall file an answer or motion to dismiss in response to Plaintiff's #1 Complaint on or before April 18, 2022. Signed by Judge Darrin P. Gayles on 4/2/2022. (jsi)
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| Filing 11 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Complaint re #1 Complaint by Decisive Communications, Inc., MasTec Services Company, Inc.. Attorney Miguel Angel Morel added to party Decisive Communications, Inc.(pty:dft), Attorney Miguel Angel Morel added to party MasTec Services Company, Inc.(pty:dft). Responses due by 4/13/2022 (Attachments: #1 Text of Proposed Order Ex. A)(Morel, Miguel) |
| Filing 10 Statement of: OF CLAIM by Fernando Rivera (Shulman, Brody) |
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Filing 9
NOTICE OF COURT PRACTICE. The Complaint in this action is filed under the Fair Labor Standards Act, 29 U.S.C. 201 et seq. ("FLSA"). In order to assist the Court in the management of this case, and in an effort to foster early and cost-effective resolution, the parties are ORDERED to comply with the following procedures: Under Rule 8 of the Federal Rules of Civil Procedure, a plaintiff is required to state a "short and plain statement of the claim." While this Rule places only a light burden on a plaintiff, the Court requires complaints filed under the FLSA to include, at a minimum, a statement setting forth the following with respect to each Plaintiff: (a) An initial estimate of the total amount of alleged unpaid wages; (b) A preliminary calculation of such wages; (c) The approximate period during which the alleged FLSA violations occurred; and (d) The nature of the wages (e.g., overtime or straight time). Plaintiff is directed to file a "Statement of Claim" by March 25, 2022. Plaintiff(s) shall promptly serve a copy of this Order, the Statement of Claim, and copies of all supporting documents (including time sheets, pay stubs, etc.) upon counsel for Defendant(s) once an appearance has been made or at the time the Statement of Claim is filed (if defense counsel has already appeared). Defendant(s) shall then file a "Response to Plaintiff's Statement of Claim" setting forth in detail any defenses to Plaintiff's claim(s) and serve copies of all supporting documents within twenty (20) days of being served with Plaintiff's Statement of Claim. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the dismissal of this action or entry of default. Signed by Judge Darrin P. Gayles on 3/13/2022. (jsi)
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| Filing 8 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 3/13/2022. (jsi) |
| Filing 7 Summons Issued as to MasTec Services Company, Inc.. (ls) |
| Filing 6 Summons Issued as to Decisive Communications, Inc.. (ls) |
| Filing 5 NOTICE of Filing Proposed Summons(es) by Fernando Rivera (Attachments: #1 Summon(s), #2 Summon(s)) (Perera, Jorge) |
| Filing 4 NOTICE by Fernando Rivera (Civil cover sheet) (Perera, Jorge) |
| Filing 3 Clerks Notice to Filer re: No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (mab) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (mab) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15464473, filed by Fernando Rivera.(Perera, Jorge) |
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