Martinez v. BT'S ON THE RIVER, LLC et al
| Pablo Miguel Perez Martinez |
| BT'S ON THE RIVER, LLC and Gregg Berger |
| 1:2023cv21052 |
| March 17, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Labor: Fair Standards |
| 28 U.S.C. ยง 1442 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on May 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by BT'S ON THE RIVER, LLC, Gregg Berger. (Amit, Adi) |
Filing 13
PAPERLESS ORDER denying as moot #3 Defendants' Motion to Dismiss ("Motion"). Subsequent to Defendants' Motion, Plaintiff filed a Second Amended Complaint, [ECF No. 12], superseding the Amended Complaint, [ECF No. 1-1 at 310]. Accordingly, Defendants' Motion to Dismiss is DENIED as moot. Signed by Judge Darrin P. Gayles on 5/1/2023. (nce)
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| Filing 12 Second AMENDED COMPLAINT against BT'S ON THE RIVER, LLC, Gregg Berger, filed by Pablo Miguel Perez Martinez.(Hernandez, Henry) |
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Filing 11
PAPERLESS ORDER granting Plaintiff's #10 Unopposed Motion for Leave to Amend Complaint. Pursuant to Local Rule 15.1, Plaintiff shall separately file the second amended complaint on or before May 1, 2023. Signed by Judge Darrin P. Gayles on 4/25/2023. (nce)
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| Filing 10 Unopposed MOTION to Amend/Correct Complaint by Pablo Miguel Perez Martinez. Responses due by 5/8/2023 (Attachments: #1 Exhibit Second Amended Complaint, #2 Exhibit Order Granting Unopposed Motion for Leave to Amend Complaint)(Hernandez, Henry) |
| Filing 9 Defendant's RESPONSE to #7 Statement by BT'S ON THE RIVER, LLC, Gregg Berger. (Smukler, Aron) |
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Filing 8
PAPERLESS ORDER granting #6 Plaintiff's Unopposed Motion for Extension for Time to Respond to Defendants' Motion to Dismiss. Plaintiff shall respond to the Motion to Dismiss on or before April 25, 2023. Signed by Judge Darrin P. Gayles on 4/7/2023. (nce)
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| Filing 7 Statement of: Claim by Pablo Miguel Perez Martinez (Hernandez, Henry) |
| Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply/Answer To Motion to Dismiss by Pablo Miguel Perez Martinez. (Hernandez, Henry) |
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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 April 3, 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 3/20/2023. (nce)
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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 3/20/2023. (nce) |
| Filing 3 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM as to Count III by BT'S ON THE RIVER, LLC, Gregg Berger. Responses due by 4/3/2023 (Amit, Adi) |
| 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-16441874, filed by Gregg Berger, BT'S ON THE RIVER, LLC. No Answer / Motion to Dismiss Filed. (Attachments: #1 Exhibit A - Initial Complaint, Amended Complaint and Summon in 11th Cir. Case No. 2023-002598-CA-01, #2 Civil Cover Sheet)(Amit, Adi) Modified text & attachment description on 3/17/2023 (rbe). |
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