Francois v. Affordable Irrigation Inc. et al
| Jean Mario Francois |
| Affordable Irrigation Inc. and Marco Rosas |
| 1:2022cv22794 |
| September 1, 2022 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Edwin G Torres |
| 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 October 19, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 Defendant's RESPONSE to #8 Statement of Claim by Affordable Irrigation Inc., Marco Rosas. (Diaz, Ena) |
| Filing 17 NOTICE of Attorney Appearance by Lisbetty Rozon on behalf of Jean Mario Francois. Attorney Lisbetty Rozon added to party Jean Mario Francois(pty:pla). (Rozon, Lisbetty) |
Filing 16
SCHEDULING ORDER SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: (Jury Trial set for 6/19/2023 before Judge Darrin P. Gayles, Calendar Call set for 6/14/2023 09:30 AM before Judge Darrin P. Gayles, Status Conference set for 2/15/2023 10:00 AM before Judge Darrin P. Gayles.), ORDER REFERRING CASE to Mediation, REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Darrin P. Gayles on 10/12/2022. See attached document for full details. (jas)
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| Filing 15 Joint Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge . Filed by Jean Mario Francois (Saavedra, Nathaly) |
| Filing 14 Joint SCHEDULING REPORT - Rule 26(f) by Jean Mario Francois (Attachments: #1 Text of Proposed Order)(Saavedra, Nathaly) |
| Filing 13 NOTICE of Compliance with the Court's Order by Jean Mario Francois re 5 Notice of Court Practice/to Appear/Other,,,,,,, (Saavedra, Nathaly) |
| Filing 12 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Ena Teresa Diaz re #11 Notice of Change of Address, Email or Law Firm Name. Attorney Ena Teresa Diaz has not completed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 11 NOTICE of Change of Address, Email or Law Firm Name by Ena Teresa Diaz (Diaz, Ena) |
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Filing 10
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before October 14, 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. Signed by Judge Darrin P. Gayles on 9/29/2022. (mja)
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| Filing 9 Defendants' ANSWER and Affirmative Defenses to Complaint by Affordable Irrigation Inc., Marco Rosas. Attorney Ena Teresa Diaz added to party Affordable Irrigation Inc. (pty:dft), Attorney Ena Teresa Diaz added to party Marco Rosas(pty:dft). (Diaz, Ena) |
| Filing 8 Statement of: Of Claim by Jean Mario Francois re 5 Notice of Court Practice/to Appear/Other,,,,,,, (Saavedra, Nathaly) |
| 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 Jean Mario Francois. Affordable Irrigation Inc. served on 9/8/2022, response/answer due 9/29/2022. (Saavedra, Nathaly) |
| 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 Jean Mario Francois. Marcos Rosas served on 9/8/2022, response/answer due 9/29/2022. (Saavedra, Nathaly) |
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Filing 5
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 September 16, 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 9/2/2022. (mja)
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| Filing 4 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 9/2/2022. (mja) |
| Filing 3 Summons Issued as to Affordable Irrigation Inc., Marco Rosas. (bb) |
| 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. (bb) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15920072, filed by Jean Mario Francois. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Saavedra, Nathaly) |
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