Khawan Mardemi v. Pronto Pizza Express, Corp. et al
| George Khawan Mardemi |
| Pronto Pizza Express, Corp. and Ramon J. Ferreiro |
| 1:2023cv22801 |
| July 27, 2023 |
| US District Court for the Southern District of Florida |
| Rodney Smith |
| 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 September 29, 2023. A more recent docket listing may be available from PACER.
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| Filing 18 REPORT AND RECOMMENDATIONS re #16 Notice (Other), filed by George Khawan Mardemi Recommending that the Parties' settlement be APPROVED and that Plaintiffs counsel be awarded a total amount of $4,525.00 in attorneys fees and costs. Objections to R&R due by 9/28/2023 Signed by Magistrate Judge Lauren Fleischer Louis on 9/14/2023. See attached document for full details. (drz) |
| Filing 17 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Fairness Hearing held on 9/6/2023. Settlement approved. Report and Recommendation to follow. Total time in court: 54 minutes. Attorney Appearance(s): Patrick Brooks LaRou, Marlene Brito. (Digital 13:27:27) (aw) |
| Filing 16 NOTICE by George Khawan Mardemi re 15 Order,,,, of Filing Settlement Agreement (Attachments: #1 Exhibit Exhibit A - Settlement Agreement, #2 Exhibit Exhibit B - Time and Expense Report of Plaintiff's Counsel) (LaRou, Patrick) |
| Filing 15 PAPERLESS NOTICE OF COURT PRACTICE. In anticipation of the fairness hearing scheduled for September 6, 2023, Plaintiff is directed to file a copy of any written settlement agreement with Defendants by no later than 10:00 A.M. on September 6, 2023.Pursuant to Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), claims for back wages arising under the FLSA may be settled only with approval of the Court or the Secretary of Labor. The Parties are reminded that FLSA requires judicial review of the reasonableness of counsel's legal fees to assure both that counsel is compensated adequately and that no conflict of interest taints the amount the wronged employee recovers under a settlement agreement. Silva v. Miller, 307 F. App'x 349, 351 (11th Cir. 2009). Thus, if the settlement agreement itself does not disclose the amount being paid to the Plaintiff, as well as attorneys fees, those amounts should be separately indicated. Plaintiff should also include in his filing any information that he or counsel believes is relevant to determining the fairness of the fee. Signed by Magistrate Judge Lauren Fleischer Louis on 9/5/2023. (elm) |
Filing 14
PAPERLESS ORDER Setting Fairness Hearing. THIS CAUSE has been referred to the undersigned United States Magistrate Judge for purposes of conducting a fairness hearing regarding the Parties' settlement, pursuant to Lynn's Food Stores, Inc. v. United States Department of Labor, 679 F.2d 1350 (11th Cir. 1982). Accordingly, it is ORDERED that a Fairness Hearing regarding the Parties' settlement is now set before the undersigned United States Magistrate Judge for Wednesday, September 6, 2023, at 1:30 P.M. in Miami Division at the C. Clyde Atkins United States Courthouse, 11th floor, 301 North Miami Avenue, Miami, Florida 33128. It is further ORDERED that counsel for Plaintiff SHALL immediately provide a copy of this Order to counsel for Defendants. Signed by Magistrate Judge Lauren Fleischer Louis on 8/31/2023. See attached document for full details. (elm)
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| Filing 13 NOTICE by George Khawan Mardemi re 12 Order,,, of Availability for Fairness Hearing (LaRou, Patrick) |
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Filing 12
PAPERLESS ORDER Upon Referral for Fairness Hearing. THIS CAUSE has been referred to the undersigned United States Magistrate Judge for purposes of conducting a fairness hearing pursuant to Lynn's Food Stores, Inc. v. United States Department of Labor, 679 F.2d 1350, 1353 (11th Cir. 1982), upon Plaintiff's notification that the Parties have settled this case. Review of the record reveals that no counsel has entered an appearance on behalf of any defendant. Accordingly, and so that the Court may schedule a fairness hearing attended by all Parties, within three (3) days of the entry of this Order Plaintiff's counsel SHALL file a Notice identifying three (3) mutually agreed-upon dates for a fairness hearing, to occur on or before September 15, 2023. Following the submission of proposed dates, I will enter an order setting the fairness hearing. Signed by Magistrate Judge Lauren Fleischer Louis on 8/29/2023. (elm)
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Filing 11
Notice of Court Practice on Notice of Settlement: Upon consideration, it is hereby ORDERED that: This matter is REFERRED to Magistrate Judge Louis for purposes of conducting a fairness hearing pursuant to Lynns Food Stores, Inc. v. United States Department of Labor, 679 F.2d 1350, 1353 (11th Cir. 1982). All pending motions not otherwise ruled upon are DENIED AS MOOT. This case is administratively CLOSED. Signed by Judge Rodney Smith on 8/28/2023. See attached document for full details. (pc)
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| Filing 10 NOTICE of Settlement by George Khawan Mardemi (LaRou, Patrick) |
| Filing 9 Statement of: Claim by George Khawan Mardemi (LaRou, Patrick) |
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Filing 8
PAPERLESS ORDER upon referral for Settlement Conference. This case has been referred to me 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 Notice of Court Practice. Within fourteen days of the appearance of Defendants, Plaintiff's counsel shall file a Notice, identifying three (3) mutually agreed upon dates for a settlement conference in accordance with the District Court's Notice of Court Practice, ECF No. #7 . Following the submission of proposed dates, I will enter an order setting the settlement conference. It is incumbent upon the Plaintiff 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 8/9/2023. (elm)
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Filing 7
NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE AND FAIRNESS HEARING: ORDER REFERRING CASE to Magistrate Judge Lauren Fleischer Louis for Settlement Conference. Signed by Judge Rodney Smith on 8/9/2023. See attached document for full details. (pc)
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Filing 6
Order Requiring Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statements. Joint Scheduling Report due by 9/6/2023 Signed by Judge Rodney Smith on 8/9/2023. See attached document for full details. (pc)
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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 George Khawan Mardemi. Ramon J. Ferreiro served on 8/3/2023, response/answer due 8/24/2023. (LaRou, Patrick) |
| 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 George Khawan Mardemi. Pronto Pizza Express, Corp. served on 8/3/2023, response/answer due 8/24/2023. (LaRou, Patrick) |
| Filing 3 Summons Issued as to Ramon J. Ferreiro, Pronto Pizza Express, Corp.. (pc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. 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. (pc) |
| Filing 1 COMPLAINT against Ramon J. Ferreiro, Pronto Pizza Express, Corp.. Filing fees $ 402.00 receipt number AFLSDC-16797139, filed by George Khawan Mardemi. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Pronto Pizza Express, Corp., #3 Summon(s) Ramon J. Ferreiro)(LaRou, Patrick) |
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