Vera v. Market Wood LLC et al
| Jose Luis Vera |
| Market Wood LLC, Adriana Piccoli and Ricardo Rubin |
| 1:2023cv20285 |
| January 25, 2023 |
| 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 February 22, 2023. A more recent docket listing may be available from PACER.
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Filing 20
PAPERLESS ORDER. For the reasons discussed at today's status conference, this case is STAYED and administratively CLOSED pending a resolution of the appeal in related case number 1:21-cv-23837-FAM. The parties shall promptly notify this Court when the Eleventh Circuit issues an opinion. Signed by Judge Darrin P. Gayles on 2/22/2023. (mja)
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| Filing 19 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 2/22/2023. All parties were present. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (mja) |
| Filing 18 NOTICE of Mediation Hearing. Mediation Hearing set for 4/12/2023 at 10:00am. (Attachments: #1 Text of Proposed Order)(Remer, Jason) |
| Filing 17 NOTICE of Mediator Selection. Selected/Added Neil Flaxman as Mediator. (Remer, Jason) |
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Filing 16
SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: JURY TRIAL set for 4/8/2024 in Miami Division before Judge Darrin P. Gayles. TELEPHONIC CALENDAR CALL set for 4/3/2024 at 09:30 AM in Miami Division before Judge Darrin P. Gayles. TELEPHONIC STATUS CONFERENCE set for 1/10/2024 at 10:00 AM in Miami Division before Judge Darrin P. Gayles. ORDER REFERRING CASE to Mediation. Mediation Deadline 12/1/2023. ORDER REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Darrin P. Gayles on 2/13/2023. See attached document for full details. (caw) #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 15 RESPONSE to #7 Statement of Claim by Market Wood LLC, Adriana Piccoli, Ricardo Rubin. (Amit, Adi) |
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Filing 14
PAPERLESS ORDER granting #8 Defendants' Unopposed Motion for Status Conference. The parties shall attend a Telephonic Status Conference on Wednesday, February 22, 2023. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 2/10/2023. (mja)
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Filing 13
PAPERLESS ORDER denying as moot #5 Defendants' Motion to Dismiss in light of the #11 Amended Complaint. Signed by Judge Darrin P. Gayles on 2/10/2023. (mja)
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| Filing 12 Joint SCHEDULING REPORT - Rule 16.1 by Market Wood LLC, Adriana Piccoli, Ricardo Rubin (Attachments: #1 Text of Proposed Order Joint Proposed Scheduling Order)(Smukler, Aron) |
| Filing 11 AMENDED COMPLAINT against Market Wood LLC, Adriana Piccoli, Ricardo Rubin, filed by Jose Luis Vera.(LaRou, Patrick) |
| Filing 10 NOTICE of Attorney Appearance by Patrick Brooks LaRou on behalf of Jose Luis Vera. Attorney Patrick Brooks LaRou added to party Jose Luis Vera(pty:pla). (LaRou, Patrick) |
| Filing 9 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Market Wood LLC, Adriana Piccoli, Ricardo Rubin (Smukler, Aron) |
| Filing 8 Unopposed MOTION for Hearing Status Conference by Market Wood LLC, Adriana Piccoli, Ricardo Rubin. Attorney Aron Smukler added to party Market Wood LLC(pty:dft), Attorney Aron Smukler added to party Adriana Piccoli(pty:dft), Attorney Aron Smukler added to party Ricardo Rubin(pty:dft). (Smukler, Aron) |
| Filing 7 Statement of: Claim by Jose Luis Vera (Remer, Jason) |
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Filing 6
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before February 9, 2023, 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 1/26/2023. (mja)
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| Filing 5 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM as to Counts V, VI, and VII by Market Wood LLC, Adriana Piccoli, Ricardo Rubin. Responses due by 2/9/2023 (Attachments: #1 Exhibit A - Order on Motion to Dismiss in Case No. 1:21-cv-23837-FAM, #2 Exhibit B - Complaint in Case No. 1:21-cv-23837-FAM)(Amit, Adi) |
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Filing 4
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 February 8, 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 on 1/25/2023. (mja)
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| Filing 3 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 1/25/2023. (mja) |
| 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. (rbe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 402.00 receipt number AFLSDC-16266655, filed by Ricardo Rubin, Adriana Piccoli, Market Wood LLC. No Answer/ Motion to Dismiss Filed. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Summonses and Complaint)(Amit, Adi) Modified text & attachment description on 1/25/2023 (rbe). Modified on 1/25/2023 (rbe). |
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