Rojas v. Miami Master Towing & Recovery Inc. et al
| Dayron Rojas |
| Miami Master Towing & Recovery Inc. and Andy Feliz |
| 1:2023cv20091 |
| January 10, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Labor: Fair Standards |
| 29 U.S.C. ยง 0201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 10, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 Plaintiff's MOTION for Default Judgment against all Defendants by Dayron Rojas. (Attachments: #1 Exhibit A - Plaintiff's Declaration, #2 Text of Proposed Order, #3 Text of Proposed Order)(Saavedra, Nathaly) |
Filing 12
NOTICE OF COURT PRACTICE ON DEFAULT PROCEDURE. On February 15, 2023, a Clerk's Default was entered against Defendants for failure to timely respond to the Complaint #10 . Accordingly, within ten (10) days of the date of this Order, Plaintiff shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiff's failure to file a Motion for Final Default Judgment on or before the date set forth above may result in dismissal of the instant action. This case is CLOSED for administrative purposes. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 11 NOTICE of Attorney Appearance by Jocelyn Rebecca Rocha on behalf of Dayron Rojas (Rocha, Jocelyn) |
| Filing 10 Clerk's Entry of Default as to Miami Master Towing & Recovery Inc, And Feliz - Motions Terminated: #9 Motion for Clerk's Entry of Default Signed by DEPUTY CLERK on 2/16/2023. (drz) |
| Filing 9 Plaintiff's MOTION for Clerk's Entry of Default as to Andy Feliz, Miami Master Towing & Recovery Inc. by Dayron Rojas. (Attachments: #1 Exhibit Clerk's Default)(Saavedra, Nathaly) |
| Filing 8 Statement of: Claim by Dayron Rojas 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 Dayron Rojas. Andy Feliz served on 1/24/2023, response/answer due 2/14/2023. (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 Dayron Rojas. Miami Master Towing & Recovery Inc. served on 1/24/2023, response/answer due 2/14/2023. (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 January 25, 2023. 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 (hs01)
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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 (hs01) |
| Filing 3 Summons Issued as to Andy Feliz, Miami Master Towing & Recovery Inc.. (nan) |
| 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. (nan) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16228624, filed by Dayron Rojas. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Saavedra, Nathaly) |
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