Gonzalez v. H&M Market & Smoke Shop #4 Inc et al
| Melanie M. Gonzalez |
| H&M Market & Smoke Shop #4 Inc, H&M Market & Smoke Shop #3 Inc, H&M Grocery & Smoke Shop. Inc., A Arab Market Inc, Emil Abdo, A Arab Market Inc individually doing business as H&M Smokeshop & Market Wynwood also known as H&M Smoke Shop #2, H&M Smoke Shop & Vapes and H&M Smoke Shop |
| 1:2022cv24273 |
| December 31, 2022 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Rodolfo A Ruiz |
| Labor: Fair Standards |
| 15 U.S.C. § 0002 Fair Labor Standards Act |
| Defendant |
Docket Report
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This docket was last retrieved on February 22, 2023. A more recent docket listing may be available from PACER.
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Filing 25
ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: SCHEDULING ORDER: ( Jury Trial set for 12/4/2023 in Miami Division before Judge Rodolfo A. Ruiz II., Calendar Call set for 11/28/2023 11:00 AM in Miami Division before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 4/5/2023., Discovery due by 8/8/2023., Expert Discovery due by 8/8/2023., Joinder of Parties due by 4/5/2023., Mediation Deadline 8/15/2023., In Limine Motions due by 9/19/2023., Dispositive Motions due by 8/22/2023., Motions due by 8/22/2023., Pretrial Stipulation due by 9/19/2023.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 8/15/2023.), ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra on Discovery Matters. Signed by Judge Rodolfo A. Ruiz, II on 2/22/2023. See attached document for full details. (nan) #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
PAPERLESS ORDER granting ECF No. #23 Unopposed Motion to Continue Settlement Conference. The Settlement Conference in this action previously set for March 3, 2023 is hereby RESCHEDULED to 12:00 P.M. on Tuesday March 7, 2023 before the undersigned in Courtroom 1006, 99 N.E. 4th Street, Miami, Florida, 33132. All requirements set forth in the Paperless Order Setting Settlement Conference, ECF No. 21 , remain in effect. Signed by Magistrate Judge Jacqueline Becerra on 2/22/2023. (nsy)
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| Filing 23 Unopposed MOTION to Continue Settlement Conference by A Arab Market Inc, Emil Abdo, H&M Grocery & Smoke Shop. Inc., H&M Market & Smoke Shop #3 Inc, H&M Market & Smoke Shop #4 Inc. Responses due by 3/8/2023 (Ostrow, Gary) |
| Filing 22 Joint SCHEDULING REPORT - Rule 26(f) by Melanie M. Gonzalez (Palma, Zandro) |
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Filing 21
PAPERLESS ORDER SETTING SETTLEMENT CONFERENCE. The in-person Settlement Conference in this matter is scheduled for 12:00 P.M. on Friday, March 3, 2023, 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). Signed by Magistrate Judge Jacqueline Becerra on 2/15/2023. (nsy)
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| Filing 20 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by A Arab Market Inc, Emil Abdo, H&M Grocery & Smoke Shop. Inc., H&M Market & Smoke Shop #3 Inc, H&M Market & Smoke Shop #4 Inc (Ostrow, Gary) |
| Filing 19 Ninth Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Melanie M. Gonzalez (Palma, Zandro) |
| Filing 18 Clerk's Notice to Filer re #16 Claim. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#17]. It is not necessary to refile this document. (ls) |
| Filing 17 RESPONSE to #13 Statement by A Arab Market Inc, Emil Abdo, H&M Grocery & Smoke Shop. Inc., H&M Market & Smoke Shop #3 Inc, H&M Market & Smoke Shop #4 Inc. (ls)(See Image at DE #16 ) |
| Filing 16 CLAIM Response to Statement of Claim by A Arab Market Inc, Emil Abdo, H&M Grocery & Smoke Shop. Inc., H&M Market & Smoke Shop #3 Inc, H&M Market & Smoke Shop #4 Inc. (Ostrow, Gary) |
| Filing 15 Defendants ANSWER and Affirmative Defenses to Complaint with Jury Demand by A Arab Market Inc, Emil Abdo, H&M Grocery & Smoke Shop. Inc., H&M Market & Smoke Shop #3 Inc, H&M Market & Smoke Shop #4 Inc. (Ostrow, Gary) |
| Filing 14 NOTICE by Melanie M. Gonzalez re 11 Order,,,,,,,,, of settlement conference available dates (Palma, Zandro) |
| Filing 13 Statement of: Claim by Melanie M. Gonzalez re #8 Order of Requirements,, Order Referring Case to Magistrate Judge, (Palma, Zandro) |
| Filing 12 NOTICE of Attorney Appearance by Gary Stephen Ostrow on behalf of A Arab Market Inc, Emil Abdo, H&M Grocery & Smoke Shop. Inc., H&M Market & Smoke Shop #3 Inc, H&M Market & Smoke Shop #4 Inc (Ostrow, Gary) |
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Filing 11
PAPERLESS ORDER REGARDING PROCEDURES TO SET SETTLEMENT CONFERENCE. To set the Settlement Conference mandated by the District Court, ECF No. #8 , 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 result 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 in-person. 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 2/1/2023. (nsy)
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Filing 10
ORDER REQUIRING COMBINED RESPONSES AND PROOFS OF SERVICE: Signed by Judge Rodolfo A. Ruiz, II on 1/26/2023. See attached document for full details. (nan)
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Filing 9
ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES: Joint Scheduling Report due by 2/21/2023 Signed by Judge Rodolfo A. Ruiz, II on 1/26/2023. See attached document for full details. (nan)
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Filing 8
ORDER IN ACTIONS BROUGHT UNDER THE FAIR LABOR STANDARDS ACT: Order of Court-Mandated Requirements in FLSA case ( Statement of Claim due by 2/2/2023.), ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for a settlement conference . Signed by Judge Rodolfo A. Ruiz, II on 1/26/2023. See attached document for full details. (nan) Modified text on 1/30/2023 (nan).
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| 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 Melanie M. Gonzalez. H&M Grocery & Smoke Shop. Inc. served on 1/20/2023, response/answer due 2/10/2023. (Palma, Zandro) |
| 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 Melanie M. Gonzalez. H&M Market & Smoke Shop #3 Inc served on 1/20/2023, response/answer due 2/10/2023. (Palma, Zandro) |
| 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 Melanie M. Gonzalez. H&M Market & Smoke Shop #4 Inc served on 1/20/2023, response/answer due 2/10/2023. (Palma, Zandro) |
| Filing 4 NOTICE of Attorney Appearance by Gary Stephen Ostrow on behalf of A Arab Market Inc, Emil Abdo, H&M Grocery & Smoke Shop. Inc., H&M Market & Smoke Shop #3 Inc, H&M Market & Smoke Shop #4 Inc. Attorney Gary Stephen Ostrow added to party A Arab Market Inc(pty:dft), Attorney Gary Stephen Ostrow added to party Emil Abdo(pty:dft), Attorney Gary Stephen Ostrow added to party H&M Grocery & Smoke Shop. Inc.(pty:dft), Attorney Gary Stephen Ostrow added to party H&M Market & Smoke Shop #3 Inc(pty:dft), Attorney Gary Stephen Ostrow added to party H&M Market & Smoke Shop #4 Inc(pty:dft). (Ostrow, Gary) |
| Filing 3 Summons Issued as to A Arab Market Inc, Emil Abdo, H&M Grocery & Smoke Shop. Inc., H&M Market & Smoke Shop #3 Inc, H&M Market & Smoke Shop #4 Inc. (aao) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. 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. (aao) |
| Filing 1 COMPLAINT against A Arab Market Inc, Emil Abdo, H&M Grocery & Smoke Shop. Inc., H&M Market & Smoke Shop #3 Inc, H&M Market & Smoke Shop #4 Inc. Filing fees $ 402.00 receipt number AFLSDC-16207894, filed by Melanie M. Gonzalez. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s))(Palma, Zandro) |
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