Williams v. Sitel Group et al
| Shrine Williams |
| Sitel Group and Sykes Enterprises Incorporated |
| 1:2022cv21023 |
| April 5, 2022 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 31, 2022. A more recent docket listing may be available from PACER.
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| Filing 40 RESPONSE to #27 Statement Defendants' Response to Plaintiff's Statement of Claim by Sitel Group, Sykes Enterprises Incorporated. (Hammon, Christopher) |
| Filing 39 AMENDED COMPLAINT against Sitel Group, Sykes Enterprises Incorporated, filed by Shrine Williams.(Frisch, Andrew) |
| Filing 38 Corporate Disclosure Statement by Sykes Enterprises Incorporated identifying Corporate Parent Sitel Group S.A. for Sykes Enterprises Incorporated (Hammon, Christopher) |
| Filing 37 Corporate Disclosure Statement by Sitel Group identifying Corporate Parent Sitel Group S.A. for Sitel Group (Hammon, Christopher) |
| Filing 36 Defendants' ANSWER and Affirmative Defenses to Complaint by Sitel Group, Sykes Enterprises Incorporated. (Hammon, Christopher) |
| Filing 35 NOTICE of Striking #31 Certificate of Other Affiliates/Corporate Disclosure Statement filed by Sykes Enterprises Incorporated by Sykes Enterprises Incorporated (Hammon, Christopher) |
| Filing 34 NOTICE of Striking #30 Certificate of Other Affiliates/Corporate Disclosure Statement filed by Sitel Group by Sitel Group (Hammon, Christopher) |
| Filing 33 NOTICE of Striking #29 Answer to Complaint filed by Sykes Enterprises Incorporated, Sitel Group by Sitel Group, Sykes Enterprises Incorporated (Hammon, Christopher) |
| Filing 32 Clerks Notice to Filer re #29 Answer to Complaint. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jas) |
| Filing 31 Corporate Disclosure Statement by Sykes Enterprises Incorporated identifying Corporate Parent Sitel Group S.A. for Sykes Enterprises Incorporated (Hammon, Christopher) |
| Filing 30 Corporate Disclosure Statement by Sitel Group identifying Corporate Parent Sitel Group S.A. for Sitel Group (Hammon, Christopher) |
| Filing 29 Defendants' ANSWER and Affirmative Defenses to Complaint by Sitel Group, Sykes Enterprises Incorporated. (Hammon, Christopher) |
| Filing 28 NOTICE OF CONSENT TO JOIN as party plaintiff. Party(s) Ashley Davis, Caley Combs, Kimberly Wright added to plaintiffs group of record, represented by Andrew Ross Frisch. (Attachments: #1 Exhibit 1- Consent to Join of Caley Combs, #2 Exhibit 2- Consent to Join of Ashley Davis, #3 Exhibit 3 - Consent to Join of Kimbetly Wright) (Frisch, Andrew) |
| Filing 27 Statement of: of Claim by Shrine Williams (Frisch, Andrew) |
Filing 26
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Second Motion for Extension of Time to Submit Plaintiff's Statement of Claim. #25 . Therein, Plaintiff requests that the Court extend the May 10 deadline to submit her statement of claim by one month. Id. at 1-2. "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). A court may, for good cause, extend the time to file a required document or pleading. Fed. R. Civ. P. 6(b)(1). "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, Plaintiff requests a second extension of the deadline to submit her statement of claim. In granting Plaintiff's first request, this Court stated that "[n]o further extensions will be granted absent a showing of good cause." (ECF No. 13). Plaintiff's instant Motion does not state why Plaintiff could not comply with the Court's May 10 deadline. And Plaintiff evidently cannot inform the Court whether Defendants oppose the Motion. #25 at 2 ("Plaintiff's counsel certifies that he has conferred with counsel for Defendants, pursuant to Local Rule 7.10, but counsel for Defendants has not indicated whether Defendants oppose the relief sought or not."). Moreover, Plaintiff filed her request for an extension on the afternoon of the last day to submit her statement of claim. The Court does not condone this practice. See (ECF No. 4) ("The parties shall seek extensions of time in a timely fashion."). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Second Motion for Extension of Time to Submit Plaintiff's Statement of Claim #25 is GRANTED IN PART and DENIED IN PART. Plaintiff shall submit her statement of claim on or before May 16, 2022. No further extensions will be granted absent a showing of good cause. Signed by Judge K. Michael Moore on 5/11/2022. (soy)
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| Filing 25 Second MOTION for Extension of Time PLAINTIFFS STATEMENT OF CLAIM by Shrine Williams. Responses due by 5/24/2022 (Attachments: #1 Text of Proposed Order Proposed Order on Plaintiff's Second Unopposed Motion for Extension of Time to Submit Plaintiff's Statement of Claim)(Frisch, Andrew) |
| Filing 24 NOTICE of Striking #23 Unopposed MOTION for Extension of Time Plaintiffs Statement of Claim (Second) filed by Shrine Williams by Shrine Williams (Frisch, Andrew) |
| Filing 23 Unopposed MOTION for Extension of Time Plaintiffs Statement of Claim (Second) by Shrine Williams. Responses due by 5/24/2022 (Attachments: #1 Text of Proposed Order Proposed Order on Plaintiff's Second Unopposed Motion for Extension of Time to Submit Plaintiff's Statement of Claim)(Frisch, Andrew) |
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Filing 22
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #21 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #21 is GRANTED. Matthew S. Parmet may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to matt@parmet.law. Signed by Judge K. Michael Moore on 5/10/2022. (soy)
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| Filing 21 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew S. Parmet. Filing Fee $ 200.00 Receipt # AFLSDC-15622977 by Shrine Williams. Responses due by 5/23/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Frisch, Andrew) |
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Filing 20
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #18 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #18 is GRANTED. Darin Shreves may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to darin.shreves@ogletree.com. Signed by Judge K. Michael Moore on 5/9/2022. (soy)
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Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #17 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #17 is GRANTED. Patrick F. Hulla may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to patrick.hulla@ogletree.com. Signed by Judge K. Michael Moore on 5/9/2022. (soy)
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| Filing 18 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Darin Shreves. Filing Fee $ 200.00 Receipt # AFLSDC-15618834 by Sitel Group, Sykes Enterprises Incorporated. Responses due by 5/20/2022 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Hammon, Christopher) |
| Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Patrick F. Hulla. Filing Fee $ 200.00 Receipt # BFLSDC-15618712 by Sitel Group, Sykes Enterprises Incorporated. Responses due by 5/20/2022 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Hammon, Christopher) |
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Filing 16
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Sitel Group and Skyes Enterprises, Inc.'s Unopposed Motion for Enlargement of Time to Respond to Plaintiff's Complaint #14 . Defendants request a three-week extension of time to respond to Plaintiff's Complaint. Id. at 1-2. Plaintiff does not oppose Defendants' request. Id. at 2. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendants' Motion #14 is GRANTED. Defendants shall respond to Plaintiff's Complaint on or before May 18, 2022. No further extensions will be granted absent a showing of good cause. Signed by Judge K. Michael Moore on 4/29/2022. (soy)
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| Filing 15 NOTICE OF CONSENT TO JOIN as party plaintiff. Party(s) Javian Phillips added to plaintiffs group of record, represented by Andrew Ross Frisch. (Attachments: #1 Exhibit 1 - Consent of Javian Phillips) (Frisch, Andrew) |
| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Sitel Group, Sykes Enterprises Incorporated. Attorney Christopher Patrick Hammon added to party Sitel Group(pty:dft), Attorney Christopher Patrick Hammon added to party Sykes Enterprises Incorporated(pty:dft). (Hammon, Christopher) |
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Filing 13
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Unopposed Motion for Extension of Time to Submit Plaintiff's Statement of Claim. #11 . Plaintiff requests a two-week extension of the deadline to submit a statement of claim. Id. at 1. Defendants do not oppose Plaintiff's request. Id. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion #11 is GRANTED. The Parties shall submit her statement of claim on or before May 10, 2022. No further extensions will be granted absent a showing of good cause. Signed by Judge K. Michael Moore on 4/27/2022. (soy)
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| Filing 12 NOTICE OF CONSENT TO JOIN as party plaintiff. Party(s) Shamia Adams, Shamecka Bester, Stephanie James, Kenjerica Jones, Deborah Traylor, Allison Whitehead added to plaintiffs group of record, represented by Andrew Ross Frisch. (Attachments: #1 Exhibit 1 - Consent of Shamia Adams, #2 Exhibit 2 - Consent of Shamecka Bester, #3 Exhibit 3 - Consent of Stephanie James, #4 Exhibit 4 - Consent of Kenjerica Jones, #5 Exhibit 5 - Consent of Deborah Traylor, #6 Exhibit 6 - Consent of Allison Whitehead) (Frisch, Andrew) |
| Filing 11 Unopposed MOTION for Extension of Time to Submit Plaintiff's Statement of Claim re 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,,,,,,, by Shrine Williams. Responses due by 5/10/2022 (Frisch, Andrew) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Shrine Williams. Sitel Group served on 4/11/2022, response/answer due 5/2/2022. (Frisch, Andrew) |
| Filing 9 Clerks Notice to Filer re #7 Summons Returned Executed,. Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see DE# 8 . It is not necessary to refile this document. (jas) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Shrine Williams. Sykes Enterprises Incorporated served on 4/6/2022, response/answer due 4/27/2022. (See DE#7 for document image). (jas) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Shrine Williams. Sykes Enterprises Incorporated served on 4/5/2022, response/answer due 4/26/2022. (Frisch, Andrew) |
| Filing 6 NOTICE OF CONSENT TO JOIN as party plaintiff. Party(s) Tierra Hunt, Mercedes Pherigo, Shaniqua Rucker, Katlyn Collins added to plaintiffs group of record, represented by Andrew Ross Frisch. (Attachments: #1 Exhibit 1 - Tierra Hunt Consent to Join, #2 Exhibit 2 - Mercedes Pherigo Consent to Join, #3 Exhibit 3 - Shaniqua Rucker Consent to Join, #4 Exhibit 4 - Katlyn M. Collins Consent to Join) (Frisch, Andrew) |
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge 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 4/6/2022. (soy)
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Filing 4
PAPERLESS NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. This is a Fair Labor Standards Act case in which Plaintiff seeks unpaid wages. In order to assist the Court in the management of the case, and in an effort to foster its early and cost effective resolution, the Parties are hereby ordered that: 1. Plaintiff shall file a Statement of Claim (the Statement) setting forth the amount of alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g., overtime or regular) within twenty (20) days from the date of this Notice. Plaintiff shall promptly serve a copy of this Notice, the Statement, and copies of all documents supporting Plaintiff's claims (e.g., time sheets, pay stubs, etc.), on Defendant's counsel when counsel for Defendant first appears in the case or at the time of filing if Defendant's counsel has already appeared. The Statement shall include all attorney's fees and costs incurred to date. With respect to attorney's fees, provide the hourly rate sought and the number of hours expended by each person billing time. 2. Defendant shall file a Response within fifteen (15) days of receiving service of Plaintiff's statement. This Response shall set forth in detail Defendant's defenses to Plaintiff's claims. Defendant shall serve copies of all documents in support thereof on Plaintiff. 3. Referral to Magistrate for Settlement Conference. Pursuant to Rule 1 of the Magistrate Judge Rules of the Southern District of Florida, the Parties shall conduct a Settlement Conference before Magistrate Judge Lauren F. Louis within twenty (20) days after the date that Defendant's Response is due. Plaintiff's counsel must confer with defense counsel and contact the Chambers of Magistrate Judge Lauren F. Louis on, or before, the date that Defendant's Response is due to schedule a date for the Settlement Conference. The Settlement Conference date may not be extended without prior approval from Magistrate Judge Louis. Absent an extension from Magistrate Judge Louis, the Parties shall complete their Settlement Conference within fifty-five (55) days of this Notice. If the Parties reach an agreement during the Settlement Conference the Parties shall file the agreement with the undersigned within five (5) days of the Settlement Conference. If the Parties wish to file the settlement agreement as a sealed document, they must file a Motion to Seal that provides compelling reasons for the Court to allow them to do so. See Brown v. Advantage Eng'g, Inc., 960 F.2d 1013, 1016 (11th Cir. 1992) ("If a settlement agreement is filed with the court for approval or interpretation, then the parties must demonstrate extraordinary circumstances in order to deny the public access to the agreement."); see also Hanson v. Wells Fargo Bank, N.A., No. 08-80182-CIV, 2009 WL 1490582, at *1 (S.D. Fla. May 26, 2009) ("'[A] business's general interest in keeping its legal proceedings private does not overcome the presumption of openness' in FLSA cases.") (citing Stalnaker v. Novar Corp., 293 F. Supp. 2d 1260, 1264 (M.D. Ala. 2003)). The undersigned will review the agreement and determine whether it is a fair and reasonable resolution of a bona fide dispute over FLSA issues. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982). If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. If no settlement is reached, the Parties shall file a Joint Scheduling Report within fourteen (14) days after the Settlement Conference. 4. Except as provided under Local Rule 16.2.E for public-sector entities, the appearance of counsel and each party, or representatives of each party with full authority to enter into a full and complete compromise and settlement, is mandatory. Appearance shall be in person; telephonic appearance is prohibited. 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 settlement conference shall be confidential and privileged. Nothing disclosed in the settlement conference can be used for any purpose except settlement. 6. Settlement. If this case is settled, counsel must inform the Court within three (3) days by calling Chambers. The parties are hereby on notice that this Court requires all filings to be formatted in 12-point Times New Roman font and double spaced, including any footnotes, with one-inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. 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. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). 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 (3) 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. Non-compliance with any provision of this Order, the Federal Rules of Civil Procedure, and/or the Local Rules of Court, may subject the offending party to sanctions or dismissal. It is the duty of all counsel to take all actions necessary to comply with this Order to ensure an expeditious resolution of this matter. Signed by Judge K. Michael Moore on 4/6/2022. (soy)
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| Filing 3 Summons Issued as to Sitel Group, Sykes Enterprises Incorporated. (jas) |
| 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. (jas) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15531631, filed by Shrine Williams. (Attachments: #1 Exhibit 1 - Consent of Shrine Williams, #2 Civil Cover Sheet, #3 Summon(s) as to Sitel Group, #4 Summon(s) as to Sykes Enterprises Incorporated)(Frisch, Andrew) |
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