Tanav v. NCS Pearson, Inc.
| Henry Tanav |
| NCS Pearson, Inc doing business as d/b/a Pearson Vue Testing Center and NCS Pearson, Inc. doing business as Pearson Vue Testing Center |
| 1:2023cv21596 |
| April 28, 2023 |
| US District Court for the Southern District of Florida |
| Lisette M Reid |
| Kathleen M Williams |
| Labor: Fair Standards |
| 15 U.S.C. § 0002 Fair Labor Standards Act |
| Defendant |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Marlene Quintana as Mediator. Mediation Hearing set for 11/14/2023 @ 10:00 a.m.. (Attachments: #1 Text of Proposed Order)(Allen, Scott) |
| Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #27 Response/Reply (Other) by NCS Pearson, Inc.. (Attachments: #1 Text of Proposed Order)(Rubio, Stepanka) |
| Filing 27 Plaintiff's RESPONSE to #12 MOTION to Dismiss #1 Complaint (Counts III and IV) by Henry Tanav. (Palma, Zandro) |
Filing 26
SCHEDULING ORDER: Jury Trial set for 7/29/2024 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 7/23/2024 11:00 AM before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 6/20/2023. See attached document for full details. (pcs) #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 25 CLERK'S NOTICE - Attorney Admissions has updated the email information for attorney Stepanka Rubio. (cw) |
| Filing 24 NOTICE of Change of Address, Email or Law Firm Name by Stepanka Rubio (Rubio, Stepanka) |
| Filing 23 Amended SCHEDULING REPORT - Rule 16.1 by NCS Pearson, Inc. (Attachments: #1 Text of Proposed Order)(Allen, Scott) |
| Filing 22 Joint SCHEDULING REPORT - Rule 16.1 by NCS Pearson, Inc. (Attachments: #1 Text of Proposed Order)(Allen, Scott) |
| Filing 21 Defendant's RESPONSE to #7 Statement of Claim by NCS Pearson, Inc.. (Rubio, Stepanka) |
| Filing 20 RESPONSE TO ORDER TO SHOW CAUSE re 19 Order to Show Cause,,,,, by NCS Pearson, Inc.. (Attachments: #1 Exhibit 1)(Rubio, Stepanka) |
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Filing 19
PAPERLESS ORDER TO SHOW CAUSE AND FILE A RESPONSE TO PLAINTIFF'S STATEMENT OF CLAIM. THIS MATTER is before the Court sua sponte. On May 8, 2023, the Court entered the Order of Referral (DE #4 ) requiring that "WITHIN FIFTEEN (15) DAYS of receiving service of Plaintiff's Statement of Claim, Defendant shall file a response to Plaintiff's Statement of Claim ('the Response' )." The Order of Referral also sets forth certain information the Response must include, and states that "[n]oncompliance with any provision of this Order, the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, or this Court's Practices and Procedures... may subject the offending party to sanctions...." Plaintiff filed his Statement of Claim on May 19, 2023 and alleged that he served it on Defendant on that day, making Defendant's Response due June 5, 2023.To date, Defendant has failed to file a compliant Response or request an extension of time to do so. Accordingly, it is ORDERED AND ADJUDGED that Defendant FILE a compliant Response and SHOW CAUSE why sanctions should not be imposed for failure to comply with a Court order on or before June 9, 2023. Signed by Judge Kathleen M. Williams on 6/6/2023. (rm04)
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Filing 18
PAPERLESS ORDER granting ECF No. #17 Plaintiff's Unopposed Motion for Extension of Time to File Response to Defendant's Motion to Dismiss. Plaintiff shall respond to Defendant's Motion to Dismiss by June 20, 2023. Signed by Magistrate Judge Lisette M. Reid on 6/6/2023. (jwn)
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| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #12 MOTION to Dismiss #1 Complaint (Counts III and IV) by Henry Tanav. (Palma, Zandro) |
| Filing 16 NOTICE of Striking #15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #12 MOTION to Dismiss #1 Complaint (Counts III and IV) filed by Henry Tanav by Henry Tanav (Palma, Zandro) |
| Filing 15 (STRICKEN PER DE#16) Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #12 MOTION to Dismiss #1 Complaint (Counts III and IV) by Henry Tanav. (Palma, Zandro) Text Modified on 6/5/2023 (scn). |
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Filing 14
PAPERLESS ORDER REFERRING Defendant's Motion to Dismiss (DE #12 ). THIS MATTER is before the Court sua sponte. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Defendant's Motion to Dismiss (DE #12 ) is REFERRED to United States Magistrate Judge Lisette M. Reid for a report and recommendation. Signed by Judge Kathleen M. Williams on 5/23/2023. (rm04)
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| Filing 13 Corporate Disclosure Statement by NCS Pearson, Inc. identifying Corporate Parent Pearson PLC, Corporate Parent PN Holdings, Inc. for NCS Pearson, Inc. (Allen, Scott) |
| Filing 12 MOTION to Dismiss #1 Complaint (Counts III and IV) by NCS Pearson, Inc.. Responses due by 6/6/2023 (Allen, Scott) |
| Filing 11 ANSWER and Affirmative Defenses to Complaint with Jury Demand by NCS Pearson, Inc.. (Allen, Scott) |
| Filing 10 NOTICE of Attorney Appearance by Stepanka Rubio on behalf of NCS Pearson, Inc.. Attorney Stepanka Rubio added to party NCS Pearson, Inc.(pty:dft). (Rubio, Stepanka) |
| Filing 9 NOTICE of Attorney Appearance by Scott Stephan Allen on behalf of NCS Pearson, Inc.. Attorney Scott Stephan Allen added to party NCS Pearson, Inc.(pty:dft). (Allen, Scott) |
| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE re 6 Order,,,,, Order to Show Cause,,,, by Henry Tanav. (Palma, Zandro) |
| Filing 7 Statement of: Claim by Henry Tanav re 6 Order,,,,, Order to Show Cause,,,, #4 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, (Palma, Zandro) |
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Filing 6
PAPERLESS ORDER TO SHOW CAUSE AND FILE STATEMENT OF CLAIM. THIS MATTER is before the Court sua sponte. On May 8, 2023, the Court entered the Order of Referral (DE #4 ) requiring that Plaintiff "file a short Statement of Claim... with the Court WITHIN TEN (10) DAYS from the date of this Order... set forth in the form of an easily readable chart." The Order of Referral also sets forth certain information the Statement of Claim must include, and states that "[n]oncompliance with any provision of this Order, the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, or this Court's Practices and Procedures... may subject the offending party to sanctions, including dismissal of this case." To date, Plaintiff has failed to file a compliant Statement of Claim or request an extension of time to do so. Accordingly, it is ORDERED AND ADJUDGED that Plaintiff FILE a compliant Statement of Claim and SHOW CAUSE why sanctions should not be imposed for failure to comply with a Court order on or before May 23, 2023. Signed by Judge Kathleen M. Williams on 5/19/2023. (rm04)
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| 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 Henry Tanav. NCS Pearson, Inc. served on 5/2/2023, response/answer due 5/23/2023. (Palma, Zandro) |
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Filing 4
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN FLSA CASES: REFERRING CASE to Magistrate Judge Lisette M. Reid for all Discovery disputes and Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 5/8/2023. See attached document for full details. (caw)
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| Filing 3 Summons Issued as to NCS Pearson, Inc. (rbe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid 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 COMPLAINT against NCS Pearson, Inc. Filing fees $ 402.00 receipt number AFLSDC-16579347, filed by Henry Tanav. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Palma, Zandro) |
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