Edwards et al v. Juggernaut Rod Busters, LLC et al
| Raymond Anthony Edwards, Marvin Gustavo Trejo Ortiz, Chris Manual Padilla, Richardo Damain Rose, Elvis Antonio Castro, Jose Rigoberto Serpas, Miguel David Serpas, Elie Victor, Ryan Garfield Lobban, Maximino Montero, Rafael Montero and Audelin Pierre |
| Juggernaut Rod Busters, LLC, Dean Kostelecky and Robert Morales |
| 1:2023cv22396 |
| June 27, 2023 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Labor: Fair Standards |
| 29 U.S.C. ยง 0201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 8 Statement of: Claim by Elvis Antonio Castro, Raymond Anthony Edwards, Ryan Garfield Lobban, Maximino Montero, Rafael Montero, Chris Manual Padilla, Audelin Pierre, Richardo Damain Rose, Jose Rigoberto Serpas, Miguel David Serpas, Marvin Gustavo Trejo Ortiz, Elie Victor re 6 Amended Order,,,,,,,,,,,,,,,,,,,,,,,,,,, (Attachments: #1 Exhibit A - Plaintiff Raymond Anthony Edwards' Statement of Claim, #2 Exhibit B - Plaintiff Marvin Gustavo Trejo Ortiz's Statement of Claim, #3 Exhibit C - Plaintiff Chris Manual Padilla's Statement of Claim, #4 Exhibit D - Plaintiff Richardo Damain Rose's Statement of Claim, #5 Exhibit E - Plaintiff Elvis Antonio Castro's Statement of Claim, #6 Exhibit F - Plaintiff Jose Rigoberto Serpas's Statement of Claim, #7 Exhibit G - Plaintiff Miguel David Serpas's Statement of Claim, #8 Exhibit H - Plaintiff Elie Victor's Statement of Claim, #9 Exhibit I - Plaintiff Ryan Garfield Lobban's Statement of Claim, #10 Exhibit J - Plaintiff Maximino Montero's Statement of Claim, #11 Exhibit K - Plaintiff Rafael Montero's Statement of Claim, #12 Exhibit L - Plaintiff Audelin Pierre's Statement of Claim)(Kozolchyk, Elliot) |
Filing 7
PAPERLESS ORDER upon referral for Settlement Conference. This case has been referred to the undersigned for a settlement conference. Counsel for the Parties are hereby ORDERED to meet and confer to determine possible dates on which to conduct the settlement conference in accordance with the District Court's order of referral. Within fourteen days of the appearance of Defendants, Plaintiffs' counsel shall file a Notice, identifying three (3) mutually agreed upon dates for a settlement conference in accordance with the District Court's Order, (ECF No. 6). Following the submission of proposed dates, I will enter an order setting the settlement conference. It is incumbent upon Plaintiffs to timely seek any extension of the time to conduct a settlement conference, in the event no appearance has been entered by Defendants prior to the deadline to conduct a settlement conference. Signed by Magistrate Judge Lauren Fleischer Louis on 7/5/2023. (as06)
|
| Referral to Magistrate Judge Lauren Fleischer Louis for Settlement Conference per DE 6. (vjk) |
|
Filing 6
This Order SUPERSEDES and VACATES ECF No. 4. PAPERLESS NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. This is a Fair Labor Standards Act case in which Plaintiff seeks unpaid wages. In order to assist the Court in the management of the case, and in an effort to foster its early and cost effective resolution, the Parties are hereby ordered that: 1. Plaintiff shall file a Statement of Claim (the Statement) setting forth the amount of alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g., overtime or regular) within twenty (20) days from the date of this Notice. Plaintiff shall promptly serve a copy of this Notice, the Statement, and copies of all documents supporting Plaintiff's claims (e.g., time sheets, pay stubs, etc.), on Defendant's counsel when counsel for Defendant first appears in the case or at the time of filing if Defendant's counsel has already appeared. The Statement shall include all attorney's fees and costs incurred to date. With respect to attorney's fees, provide the hourly rate sought and the number of hours expended by each person billing time. 2. Defendant shall file a Response within fifteen (15) days of receiving service of Plaintiff's statement. This Response shall set forth in detail Defendant's defenses to Plaintiff's claims. Defendant shall serve copies of all documents in support thereof on Plaintiff. 3. Referral to Magistrate for Settlement Conference. Pursuant to Rule 1 of the Magistrate Judge Rules of the Southern District of Florida, the Parties shall conduct a Settlement Conference before Magistrate Judge Lauren F. Louis within twenty (20) days after the date that Defendant's Response is due. Plaintiff's counsel must confer with defense counsel and contact the Chambers of Magistrate Judge Lauren F. Louis on, or before, the date that Defendant's Response is due to schedule a date for the Settlement Conference. The Settlement Conference date may not be extended without prior approval from Magistrate Judge Louis. Absent an extension from Magistrate Judge Louis, the Parties shall complete their Settlement Conference within fifty-five (55) days of this Notice. If the Parties reach an agreement during the Settlement Conference the Parties shall file the agreement with the undersigned within five (5) days of the Settlement Conference. If the Parties wish to file the settlement agreement as a sealed document, they must file a Motion to Seal that provides compelling reasons for the Court to allow them to do so. See Brown v. Advantage Eng'g, Inc., 960 F.2d 1013, 1016 (11th Cir. 1992) ("If a settlement agreement is filed with the court for approval or interpretation, then the parties must demonstrate extraordinary circumstances in order to deny the public access to the agreement."); see also Hanson v. Wells Fargo Bank, N.A., No. 08-80182-CIV, 2009 WL 1490582, at *1 (S.D. Fla. May 26, 2009) ("'[A] business's general interest in keeping its legal proceedings private does not overcome the presumption of openness' in FLSA cases.") (citing Stalnaker v. Novar Corp., 293 F. Supp. 2d 1260, 1264 (M.D. Ala. 2003)). The undersigned will review the agreement and determine whether it is a fair and reasonable resolution of a bona fide dispute over FLSA issues. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982). If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. If no settlement is reached, the Parties shall file a Joint Scheduling Report within fourteen (14) days after the Settlement Conference. 4. Except as provided under Local Rule 16.2.E for public-sector entities, the appearance of counsel and each party, or representatives of each party with full authority to enter into a full and complete compromise and settlement, is mandatory. Appearance shall be in person; telephonic appearance is prohibited. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the settlement conference shall be confidential and privileged. Nothing disclosed in the settlement conference can be used for any purpose except settlement. 6. Settlement. If this case is settled, counsel must inform the Court within three (3) days by calling Chambers. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. 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. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Non-compliance with any provision of this Order, the Federal Rules of Civil Procedure, and/or the Local Rules of Court, may subject the offending party to sanctions or dismissal. It is the duty of all counsel to take all actions necessary to comply with this Order to ensure an expeditious resolution of this matter. Signed by Judge K. Michael Moore on 6/30/2023. (rhr)
|
|
Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 6/30/2023. (rhr)
|
|
Filing 4
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. 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. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore (rhr)
|
| Filing 3 Summons Issued as to Juggernaut Rod Busters, LLC, Dean Kostelecky, Robert Morales. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (nan) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16724670, filed by Jose Rigoberto Serpas, Rafael Montero, Chris Manual Padilla, Miguel David Serpas, Ryan Garfield Lobban, Marvin Gustavo Trejo Ortiz, Audelin Pierre, Elie Victor, Raymond Anthony Edwards, Richardo Damain Rose, Maximino Montero, Elvis Antonio Castro. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit A - Plaintiff Raymond Anthony Edwards' Statement of Claim, #4 Exhibit B - Plaintiff Marvin Gustavo Trejo Ortiz's Statement of Claim, #5 Exhibit C - Plaintiff Chris Manual Padilla's Statement of Claim, #6 Exhibit D - Plaintiff Richardo Damain Rose's Statement of Claim, #7 Exhibit E - Plaintiff Elvis Antonio Castro's Statement of Claim, #8 Exhibit F - Plaintiff Jose Rigoberto Serpas's Statement of Claim, #9 Exhibit G - Plaintiff Miguel David Serpas's Statement of Claim, #10 Exhibit H - Plaintiff Elie Victor's Statement of Claim, #11 Exhibit I - Plaintiff Ryan Garfield Lobban's Statement of Claim, #12 Exhibit J - Plaintiff Maximino Montero's Statement of Claim, #13 Exhibit K - Plaintiff Rafael Montero's Statement of Claim, #14 Exhibit L - Plaintiff Audelin Pierre's Statement of Claim)(Kozolchyk, Elliot) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
