Telleria v. Espinosa et al
Plaintiff: Jose Telleria
Defendant: Mario L Espinosa, Aztlan Foods, Corp., Okan EBI Citrus & Produce Corp and EVI, Inc.
Case Number: 1:2022cv21130
Filed: April 13, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: Beth Bloom
Nature of Suit: Labor: Fair Standards
Cause of Action: 15 U.S.C. § 0002 Fair Labor Standards Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 10, 2022 Filing 31 MOTION to Dismiss #22 Amended Complaint/Amended Notice of Removal by Aztlan Foods, Corp., EVI, Inc.. Responses due by 6/24/2022 (Eiss, Charles)
June 10, 2022 Opinion or Order Filing 30 ORDER on Default Procedures. Aztlan Foods, Corp. response/answer due 6/17/2022. If Defendant Fails to Respond to Amended Complaint, Plaintiff's Motion for Entry of Clerk's Default due 6/24/2022. Signed by Judge Beth Bloom on 6/10/2022. See attached document for full details. (ls)
June 6, 2022 Filing 29 RESPONSE to #23 Statement by Aztlan Foods, Corp., EVI, Inc.. (Eiss, Charles)
June 2, 2022 Filing 28 SUMMONS (Affidavit) Returned Executed on #1 Complaint, #22 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jose Telleria. EVI, Inc. served on 5/31/2022, response/answer due 6/21/2022. (Attachments: #1 Affidavit EVI INC.)(Pollock, Brian)
May 27, 2022 Filing 27 Summons Issued as to EVI, Inc.. (ls)
May 27, 2022 Opinion or Order Filing 26 Order of Dismissal Approving #19 Notice of Voluntary Dismissal; Dismissing Plaintiff's Claims against Defendants Mario L. Espinosa and Okan EBI Citrus & Produce Corp without prejudice. Signed by Judge Beth Bloom on 5/26/2022. See attached document for full details. (ls)
May 26, 2022 Filing 25 CASE REFERRED to Mediation.per DE #14 (mr1)
May 26, 2022 Filing 24 NOTICE of Filing Proposed Summons(es) by Jose Telleria re #22 Amended Complaint/Amended Notice of Removal filed by Jose Telleria (Attachments: #1 Summon(s) EVI INC.) (Cummings, Toussaint)
May 26, 2022 Filing 23 Statement of: Claim Amended by Jose Telleria re #4 Order Requiring Joint Scheduling Report,, Order Referring Case to Magistrate Judge, (Cummings, Toussaint)
May 26, 2022 Filing 22 Corrected AMENDED COMPLAINT against Aztlan Foods, Corp., EVI, Inc., filed by Jose Telleria.(Cummings, Toussaint) Modified Text on 5/27/2022 (ls).
May 26, 2022 Filing 21 NOTICE of Striking #20 Amended Complaint/Amended Notice of Removal filed by Jose Telleria by Jose Telleria (Cummings, Toussaint)
May 26, 2022 Filing 20 "STRICKEN" AMENDED COMPLAINT against Aztlan Foods, Corp., EVI, INC, filed by Jose Telleria.(Cummings, Toussaint) Modified on 5/27/2022 (ls). (per DE #21 )
May 26, 2022 Filing 19 NOTICE of Voluntary Dismissal THE ACTION AGAINST DEFENDANTS OKAN EBI CITRUS & PRODUCE CORP. AND MARIO L. ESPINOSA by Jose Telleria (Cummings, Toussaint)
May 26, 2022 Filing 18 NOTICE of Striking #17 Amended Complaint/Amended Notice of Removal filed by Jose Telleria by Jose Telleria (Cummings, Toussaint)
May 26, 2022 Filing 17 "STRICKEN" AMENDED COMPLAINT against Jose Telleria, filed by Jose Telleria.(Cummings, Toussaint) Modified on 5/27/2022 (ls). (per DE #18 )
May 25, 2022 Opinion or Order Filing 16 AMENDED ORDER TO SHOW CAUSE re #4 Order Requiring Joint Scheduling Report, Order Referring Case to Magistrate Judge. Show Cause Response due by 6/6/2022. Signed by Judge Beth Bloom on 5/25/2022. See attached document for full details. (pc)
May 25, 2022 Opinion or Order Filing 15 ORDER: that on or before June 6, 2022, the Plaintiff shall comply with the requirements of the April 14, 2022 Order. re #4 Order Requiring Joint Scheduling Report, Order Referring Case to Magistrate Judge, Signed by Judge Beth Bloom on 5/25/2022. See attached document for full details. (pc) Modified text on 5/25/2022 (mr1).
May 24, 2022 Opinion or Order Filing 14 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Amended Pleadings due by 7/25/2022., Discovery due by 12/27/2022., Expert Discovery due by 12/27/2022., Joinder of Parties due by 7/25/2022., Mediation Deadline 1/10/2023., In Limine Motions due by 1/18/2023., Dispositive Motions due by 1/18/2023., Motions due by 1/18/2023., Pretrial Stipulation due by 4/10/2023., Jury Trial set for 4/24/2023 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 4/18/2023 01:45 PM in Miami Division before Judge Beth Bloom.), ORDER REFERRING CASE to Magistrate Judge for Discovery Matters. Signed by Judge Beth Bloom on 5/24/2022. See attached document for full details. (pc) #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.
May 24, 2022 Filing 13 Joint SCHEDULING REPORT - Rule 16.1 by Jose Telleria (Attachments: #1 Proposed Schedule)(Cummings, Toussaint)
May 17, 2022 Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Jose Telleria (Cummings, Toussaint)
May 16, 2022 Filing 11 NOTICE of Compliance with ECF No 4. by Jose Telleria (Cummings, Toussaint)
May 16, 2022 Opinion or Order Filing 9 ORDER to File Proof of Service: re #3 Summons Issued Signed by Judge Beth Bloom on 5/16/2022. See attached document for full details. (pc)
May 15, 2022 Opinion or Order Filing 10 ORDER TO SHOW CAUSE: Show Cause Response due by 5/20/2022. Signed by Judge Beth Bloom on 5/13/2022. See attached document for full details. (pc)
May 10, 2022 Filing 8 ANSWER and Affirmative Defenses to Complaint by Aztlan Foods, Corp.. (Eiss, Charles)
May 5, 2022 Filing 7 NOTICE of Attorney Appearance by Charles Merrill Eiss on behalf of Aztlan Foods, Corp.. Attorney Charles Merrill Eiss added to party Aztlan Foods, Corp.(pty:dft). (Eiss, Charles)
May 3, 2022 Filing 6 Statement of: Claim by Jose Telleria re #4 Order Requiring Joint Scheduling Report,, Order Referring Case to Magistrate Judge, (Cummings, Toussaint)
April 25, 2022 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 Jose Telleria. Aztlan Foods, Corp. served on 4/19/2022, response/answer due 5/10/2022. (Attachments: #1 Affidavit Aztlan Foods, Corp.)(Pollock, Brian)
April 14, 2022 Opinion or Order Filing 4 ORDER REQUIRING SCHEDULING REPORT, CERTIFICATE OF INTERESTED PARTIES, STATEMENT OF CLAIM AND RESPONSE IN FLSA CASE. ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Settlement. Signed by Judge Beth Bloom on 4/13/2022. See attached document for full details. (pc)
April 13, 2022 Filing 3 Summons Issued as to Aztlan Foods, Corp., Mario L Espinosa, Okan EBI Citrus & Produce Corp. (jc)
April 13, 2022 Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (jc)
April 13, 2022 Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15557410, filed by Jose Telleria. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Aztlan, #3 Summon(s) Okan, #4 Summon(s) Espinosa)(Pollock, Brian)

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Plaintiff: Jose Telleria
Represented By: Brian Howard Pollock
Represented By: Toussaint Marcus Cummings
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Defendant: Mario L Espinosa
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Defendant: Aztlan Foods, Corp.
Represented By: Charles Merrill Eiss
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Defendant: Okan EBI Citrus & Produce Corp
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Defendant: EVI, Inc.
Represented By: Charles Merrill Eiss
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