Huelches Duarte v. R.D.H.H., Inc. et al
| Wilfredo Armando Huelches Duarte |
| R.D.H.H., Inc. doing business as Saveland Supermarket, Jose Dario Hernandez, Ramon O. Hernandez and R.D.H.H., Inc. a Florida Profit Corporation doing business as Saveland Supermarket |
| 1:2023cv21185 |
| March 24, 2023 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Rodolfo A Ruiz |
| 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 May 15, 2023. A more recent docket listing may be available from PACER.
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Filing 20
ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: JURY TRIAL set for 1/16/2024 in Miami Division before Judge Rodolfo A. Ruiz II. CALENDAR CALL set for 1/9/2024 at 11:00 AM in Miami Division before Judge Rodolfo A. Ruiz II. Amended Pleadings due by 6/26/2023. Discovery due by 9/19/2023. Expert Discovery due by 9/19/2023. Fact Discovery due by 9/19/2023. Joinder of Parties due by 6/26/2023. Mediation Deadline 9/26/2023. In Limine Motions due by 10/31/2023. Dispositive Motions due by 10/3/2023. Motions due by 10/3/2023. Pretrial Stipulation due by 10/31/2023. ORDER REFERRING CASE to Mediation. Mediation Deadline 9/26/2023. ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for all Discovery matters. Signed by Judge Rodolfo A. Ruiz, II on 5/15/2023. 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 19 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Wilfredo Armando Huelches Duarte (Saavedra, Nathaly) |
| Filing 18 Joint SCHEDULING REPORT - Rule 26(f) by Wilfredo Armando Huelches Duarte (Attachments: #1 Text of Proposed Order)(Saavedra, Nathaly) |
| Filing 17 NOTICE of Compliance of Order in Actions Brought under FLSA by Jose Dario Hernandez, Ramon O. Hernandez, R.D.H.H., Inc. (Ferretjans, Pamela) |
| Filing 16 Defendant's RESPONSE to Plaintiff's Statement of Claim by Jose Dario Hernandez, Ramon O. Hernandez, R.D.H.H., Inc.. (Ferretjans, Pamela) |
| Filing 15 ANSWER and Affirmative Defenses to Complaint by Jose Dario Hernandez, Ramon O. Hernandez, R.D.H.H., Inc.. (Ferretjans, Pamela) |
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Filing 14
PAPERLESS ORDER SETTING SETTLEMENT CONFERENCE. The in-person Settlement Conference in this matter is scheduled for 2:00 P.M. on Tuesday, May 30, 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 4/27/2023. (nsy)
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| Filing 13 Statement of: Claim by Wilfredo Armando Huelches Duarte re #10 Notice of Court Practice/to Appear/Other,, Order Referring Case to Magistrate Judge, (Saavedra, Nathaly) |
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Filing 12
PAPERLESS ORDER REGARDING PROCEDURES TO SET SETTLEMENT CONFERENCE. To set the Settlement Conference mandated by the District Court, ECF No. #10 , 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. (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 4/19/2023. (nsy)
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Filing 11
ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 5/12/2023. Signed by Judge Rodolfo A. Ruiz, II, on 4/18/2023. See attached document for full details. (caw)
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Filing 10
ORDER IN ACTIONS BROUGHT UNDER THE FAIR LABOR STANDARDS ACT, AND REFERRING CASE to Magistrate Judge Jacqueline Becerra for Settlement. Signed by Judge Rodolfo A. Ruiz, II, on 4/18/2023. See attached document for full details. (caw)
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Filing 9
PAPERLESS ORDER granting #8 Defendants' Motion for Extension of Time to Respond to Plaintiff's Complaint. To better manage the orderly progress of this case with multiple defendants, Defendants are instructed to file a single combined response or separate answers to Plaintiff's Complaint on or before May 4, 2023. Signed by Judge Rodolfo A. Ruiz, II on 4/18/2023. (pwn)
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| Filing 8 First MOTION for Extension of Time to File Response/Reply/Answer by Jose Dario Hernandez, Ramon O. Hernandez, R.D.H.H., Inc.. (Ferretjans, Pamela) |
| Filing 7 NOTICE of Attorney Appearance by Pamela M Ferretjans on behalf of Jose Dario Hernandez, Ramon O. Hernandez, R.D.H.H., Inc.. Attorney Pamela M Ferretjans added to party Jose Dario Hernandez(pty:dft), Attorney Pamela M Ferretjans added to party Ramon O. Hernandez(pty:dft), Attorney Pamela M Ferretjans added to party R.D.H.H., Inc.(pty:dft). (Ferretjans, Pamela) |
| 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 Wilfredo Armando Huelches Duarte. Ramon O. Hernandez served on 4/3/2023, response/answer due 4/24/2023. (Saavedra, Nathaly) |
| 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 Wilfredo Armando Huelches Duarte. Jose Dario Hernandez served on 3/29/2023, response/answer due 4/19/2023. (Saavedra, Nathaly) |
| Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Wilfredo Armando Huelches Duarte. R.D.H.H., Inc. served on 3/29/2023, response/answer due 4/19/2023. (Saavedra, Nathaly) |
| Filing 3 Summons Issued as to Jose Dario Hernandez, Ramon O. Hernandez, R.D.H.H., 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 All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16467301, filed by Wilfredo Armando Huelches Duarte. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Saavedra, Nathaly) |
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