Hernandez v. Neo Pet Spa, Inc. et al
Plaintiff: Leslie Hernandez
Defendant: Neo Pet Spa, Inc. and Oren Ben Harosh
Case Number: 1:2023cv21067
Filed: March 20, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Beth Bloom
Referring Judge: Alicia M Otazo-Reyes
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 0201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 25, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 12, 2023 Opinion or Order Filing 27 ORDER SCHEDULING MEDIATION. Mediation Hearing set for 10/10/2023 at 10:00 AM before Neil Flaxman, Esq. Signed by Judge Beth Bloom on 5/12/2023. See attached document for full details. (mee)
May 12, 2023 Filing 26 RESPONSE in Support re #7 MOTION to Remand to State Court filed by Leslie Hernandez. (Behren, Scott)
May 11, 2023 Opinion or Order Filing 25 PAPERLESS ORDER granting #23 Motion for Extension of Time to File. Plaintiff must file a Reply in Support of her Motion for Remand by May 18, 2023. Signed by Judge Beth Bloom (jg01)
May 11, 2023 Filing 24 NOTICE of Compliance by Leslie Hernandez re 22 Order,,,,,, (Attachments: #1 Text of Proposed Order Proposed Mediation Order) (Behren, Scott)
May 11, 2023 Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #7 MOTION to Remand to State Court by Leslie Hernandez. (Behren, Scott)
May 10, 2023 Opinion or Order Filing 22 PAPERLESS ORDER THIS CAUSE is before the Court upon a sua sponte review of the record. On April 11, 2023, the Court ordered the parties to jointly file a proposed order scheduling mediation, setting forth their selected mediator pursuant to Local Rule 16.2, and a time, date, and place for mediation. ECF No. #12 ("Scheduling Order "). On May 2, 2023, the parties filed a joint Motion of Extension of Time to Schedule Mediation ("Motion"), explaining that the parties have tentatively agreed upon a mediator but are still in the process of scheduling the mediation, and requesting a seven-day extension to schedule the mediation in this matter. ECF No. #18 . The Court granted the Motion and required the parties to schedule mediation by May 9, 2023. To date, the parties have not done so. Accordingly, it is ORDERED AND ADJUDGED that no later than May 17, 2023, the parties shall file a proposed order scheduling mediation, as required by the Scheduling Order. Failure to comply will result in sanctions, including, but not limited to, dismissal without prejudice without further notice. The parties are reminded that pursuant to the procedures outlined in the CM/ECF Administrative Procedures, the proposed order is also to be emailed to bloom@flsd.uscourts.gov in Word format. The CM/ECF Administrative Procedures may be viewed at http://www.flsd.uscourts.gov. All other deadlines set forth in the Scheduling Order shall remain strictly in place. Signed by Judge Beth Bloom (jg01)
May 4, 2023 Filing 21 RESPONSE in Opposition re #7 MOTION to Remand to State Court filed by Oren Ben Harosh, Neo Pet Spa, Inc.. Replies due by 5/11/2023. (Smukler, Aron)
May 4, 2023 Filing 20 REPLY to Response to Motion re #4 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Oren Ben Harosh, Neo Pet Spa, Inc.. (Amit, Adi)
May 3, 2023 Opinion or Order Filing 19 PAPERLESS ORDER granting #18 Motion for Extension of Time. The parties shall schedule mediation by May 9, 2023. Signed by Judge Beth Bloom (jg01)
May 2, 2023 Filing 18 MOTION for Extension of Time to Schedule Mediation re #12 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, by Leslie Hernandez. Responses due by 5/16/2023 (Behren, Scott)
April 28, 2023 Filing 17 Defendant's RESPONSE to #6 Notice of Compliance by Oren Ben Harosh, Neo Pet Spa, Inc.. (Smukler, Aron)
April 19, 2023 Opinion or Order Filing 16 PAPERLESS ORDER granting #15 Motion for Extension of Time to File. Defendants may file a reply to Plaintiffs Response to Motion to Dismiss and a response to Plaintiffs Motion for Remand by on or before May 4, 2023. Signed by Judge Beth Bloom (jg01)
April 19, 2023 Filing 15 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #13 Response in Opposition to Motion, #7 MOTION to Remand to State Court by Oren Ben Harosh, Neo Pet Spa, Inc.. (Smukler, Aron)
April 19, 2023 Reset Deadlines Per DE#16. Responses due by 5/4/2023 Replies due by 5/4/2023. (cqs)
April 14, 2023 Filing 14 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Leslie Hernandez (Behren, Scott)
April 12, 2023 Filing 13 RESPONSE in Opposition re #4 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Leslie Hernandez. Replies due by 4/19/2023. (Behren, Scott)
April 11, 2023 Opinion or Order Filing 12 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Amended Pleadings due by 6/10/2023., Discovery due by 12/26/2023., Fact Discovery due by 12/26/2023., Expert Discovery due by 12/26/2023., Joinder of Parties due by 6/10/2023., Mediation Deadline 1/9/2024., In Limine Motions due by 4/8/2024., Dispositive Motions due by 1/17/2024., Motions due by 1/17/2024., Pretrial Stipulation due by 4/8/2024., Jury Trial set for 4/22/2024 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 4/16/2024 01:45 PM in Miami Division before Judge Beth Bloom.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 1/9/2024.), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for all discovery matters. Signed by Judge Beth Bloom on 4/11/2023. See attached document for full details. (mee) #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.
April 11, 2023 Filing 11 Joint SCHEDULING REPORT - Rule 26(f) by Leslie Hernandez (Behren, Scott)
April 11, 2023 Filing 10 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Oren Ben Harosh, Neo Pet Spa, Inc. (Smukler, Aron)
April 11, 2023 Opinion or Order Filing 9 PAPERLESS ORDER granting #8 Motion for Extension of Time to File. Plaintiff shall file her response by April 17, 2023. Signed by Judge Beth Bloom (jg01)
April 11, 2023 Reset Deadlines as to #4 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM . Responses due by 4/17/2023 per d.e. 9 Order. (mee)
April 10, 2023 Filing 8 MOTION for Extension of Time to File Response/Reply/Answer as to #4 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Leslie Hernandez. (Behren, Scott)
April 9, 2023 Filing 7 MOTION to Remand to State Court by Leslie Hernandez. (Attachments: #1 Exhibit Moore v. KIK International, #2 Exhibit Schuman v. St Lukes, #3 Exhibit Session v HD Gator, #4 Exhibit Smith v. WalMart)(Behren, Scott)
April 7, 2023 Filing 6 NOTICE of Compliance FLSA Statement by Leslie Hernandez re #3 Order Requiring Joint Scheduling Report,, Order Referring Case to Magistrate Judge, (Behren, Scott)
April 3, 2023 Filing 5 NOTICE by Oren Ben Harosh, Neo Pet Spa, Inc. re #3 Order Requiring Joint Scheduling Report,, Order Referring Case to Magistrate Judge, Regarding Circuit Court Action (Attachments: #1 Exhibit A - Docket Sheet in 11th Circuit (Miami-Dade) Case No. 2023-002352-CA-01) (Amit, Adi)
March 27, 2023 Filing 4 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Oren Ben Harosh, Neo Pet Spa, Inc.. Responses due by 4/10/2023 (Amit, Adi)
March 21, 2023 Opinion or Order Filing 3 ORDER ON POST-REMOVAL PROCEDURES, REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES, AND STATEMENT OF CLAIM AND RESPONSE IN FLSA CASE. Joint Scheduling Report,certificates of interested parties and corporate disclosure statements due by 4/11/2023. ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for purposes of a settlement conference. Signed by Judge Beth Bloom on 3/21/2023. See attached document for full details. (mee)
March 20, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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)
March 20, 2023 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 402.00 receipt number AFLSDC-16444873, filed by Oren Ben Harosh, Neo Pet Spa, Inc.. (Attachments: #1 Exhibit A - Initial Complaint and Summons in 11th Cir. Case No. 2023-002352-CA-01, #2 Civil Cover Sheet)No Answer/Motion to Dismiss. (Amit, Adi) Modified on 3/21/2023 (aao).

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Plaintiff: Leslie Hernandez
Represented By: Scott M. Behren
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Defendant: Neo Pet Spa, Inc.
Represented By: Adi Amit
Represented By: Aron Smukler
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Defendant: Oren Ben Harosh
Represented By: Adi Amit
Represented By: Aron Smukler
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