Phillips v. Benihana, Inc. et al
Plaintiff: Danielle M. Phillips
Defendant: Benihana, Inc., Benihana National Corp. and Robert Half International, Inc.
Case Number: 1:2023cv22146
Filed: June 9, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Cecilia M Altonaga
Referring Judge: Melissa Damian
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 28 U.S.C. § 1441 Notice of Removal - Labor
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2023 Filing 21 NOTICE by Danielle M. Phillips re #19 Notice of Entry of Parties Listed into CM/ECF, #20 Order on Motion for Leave to File, #17 Amended Complaint/Amended Notice of Removal Summons to Robert Half International, Inc. to be issued by the clerk (Leach, Martin)
August 7, 2023 Opinion or Order Filing 20 ORDER granting #16 Motion for Leave to File Amended Complaint. Plaintiff shall proof of service by 9/7/23; Defendants shall file a combined response within the time permitted by the rules . Signed by Chief Judge Cecilia M. Altonaga on 8/7/2023. See attached document for full details. (ps1)
August 7, 2023 Filing 19 Notice of Entry of Parties Listed on #16 Unopposed MOTION for Leave to File Amended Complaint by written consent of the Defendants and for leave to file Amended Complaint into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Robert Half International, Inc.. (Leach, Martin)
August 7, 2023 Filing 18 Clerk's Notice to Filer re #17 Amended Complaint/Amended Notice of Removal. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (pcs)
August 7, 2023 Filing 17 AMENDED COMPLAINT against All Defendants, filed by Danielle M. Phillips.(Leach, Martin)
August 7, 2023 Filing 16 Unopposed MOTION for Leave to File Amended Complaint by written consent of the Defendants and for leave to file Amended Complaint by Danielle M. Phillips. (Leach, Martin)
July 28, 2023 Opinion or Order Filing 15 ORDER Scheduling Mediation before Marlene Quintana, Esquire; Mediation Hearing set for 11/8/2023 10:00 AM. The parties are reminded that a report of their mediation must be filed within seven (7) days thereafter. Signed by Chief Judge Cecilia M. Altonaga on 7/27/2023. See attached document for full details. (ps1)
July 27, 2023 Filing 14 NOTICE of Mediator Selection and Hearing. Selected/Added Benihana National Corp., Benihana, Inc., Marlene Quintana as Mediator. Mediation Hearing set for November 8, 2023 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order)(Ponce, Ingrid)
July 6, 2023 Opinion or Order Filing 13 ORDER Setting Trial and Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge: Trial set for two-week period beginning 5/20/2024 in Miami Division before Chief Judge Cecilia M. Altonaga. Calendar Call set for 5/14/2024 09:00 AM in Miami Division before Chief Judge Cecilia M. Altonaga. Motions to amend pleadings or join parties due by 8/17/2023. All Discovery, including Expert Discovery, due by 1/22/2024. Mediation Deadline 1/29/2024. In Limine Motions due by 3/5/2024. Motions due by 2/6/2024. Pretrial Stipulation due by 3/5/2024. REFERRING CASE to Magistrate Judge Melissa Damian for Discovery Matters. Signed by Chief Judge Cecilia M. Altonaga on 7/6/2023. See attached document for full details. (ps1)
July 5, 2023 Filing 12 Joint SCHEDULING REPORT - Rule 26(f) by Benihana National Corp., Benihana, Inc. (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Scheduling Order)(Ponce, Ingrid)
June 30, 2023 Filing 11 Defendants' ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Benihana National Corp., Benihana, Inc.. (Ponce, Ingrid)
June 20, 2023 Filing 10 STATUS REPORT - Removal by Benihana National Corp., Benihana, Inc. (Ponce, Ingrid)
June 20, 2023 Filing 9 NOTICE of Attorney Appearance by Pablo Luis Crucet, Jr on behalf of Benihana National Corp., Benihana, Inc.. Attorney Pablo Luis Crucet, Jr added to party Benihana National Corp.(pty:dft), Attorney Pablo Luis Crucet, Jr added to party Benihana, Inc.(pty:dft). (Crucet, Pablo)
June 16, 2023 Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed Certificate of Interested Persons filed by Danielle M. Phillips (Leach, Martin)
June 16, 2023 Filing 7 Certificate of Other Affiliates/Corporate Disclosure Statement by Benihana National Corp., Benihana, Inc. identifying Corporate Parent Safflower Holdings LLC for Benihana, Inc.; Corporate Parent BENIHANA, INC. for Benihana National Corp. (Ponce, Ingrid)
June 13, 2023 Opinion or Order Filing 6 ORDER granting #5 Motion for Extension of Time. Defendants have until June 30, 2023 to file their joint response or separate answers to Plaintiff's Complaint. Joint Scheduling Report due by 7/5/2023. Signed by Chief Judge Cecilia M. Altonaga on 6/13/2023. See attached document for full details. (ps1)
June 13, 2023 Filing 5 Joint MOTION for Extension of Time To Respond to Plaintiff's Complaint and to File Joint Scheduling Report by Benihana National Corp., Benihana, Inc.. Responses due by 6/27/2023 (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order)(Ponce, Ingrid)
June 13, 2023 Set/Reset Response/Answer Due Deadline: Defendants have until June 30, 2023 to file their joint response or separate answers to Plaintiff's Complaint. (ps1)
June 9, 2023 Opinion or Order Filing 4 Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 6/20/2023. Signed by Chief Judge Cecilia M. Altonaga on 6/9/2023. See attached document for full details. (ps1)
June 9, 2023 Opinion or Order Filing 3 ORDER requiring Defendant to file a Removal Status Report by 6/20/2023. Signed by Chief Judge Cecilia M. Altonaga on 6/9/2023. See attached document for full details. (ps1)
June 9, 2023 Filing 2 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian 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. (mee)
June 9, 2023 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $402.00. Pay.gov Agency Tracking ID FLSDC-5706103, payment transferred from : 23-cv-22142,(no answer/motion to dismiss filled filed by Benihana National Corp., Benihana, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Composite Exhibit A)(Ponce, Ingrid) Modified on 6/9/2023 (mee).

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Plaintiff: Danielle M. Phillips
Represented By: Martin Eric Leach
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Defendant: Benihana, Inc.
Represented By: Ingrid Hamann Ponce
Represented By: Pablo Luis Crucet, Jr.
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Defendant: Benihana National Corp.
Represented By: Ingrid Hamann Ponce
Represented By: Pablo Luis Crucet, Jr.
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Defendant: Robert Half International, Inc.
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