Volpe et al v. VMSB, LLC
| Eric Volpe, Enzo Ferrer and Vincenzo Matino |
| VMSB, LLC doing business as Giannis at the former Versace Mansion doing business as Giannis at Casa Casuarina doing business as The Villa Casa Casuarina and VMSB, LLC a Florida limited liability company doing business as Gianni's at the former Versace Mansion doing business as Gianni's at Casa Casuarina doing business as The Villa Casa Casuarina |
| 1:2023cv23888 |
| October 11, 2023 |
| U.S. 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 March 28, 2025. A more recent docket listing may be available from PACER.
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Filing 25
PAPERLESS ORDER CANCELING SETTLEMENT CONFERENCE. The settlement conference set for Tuesday, December 12, 2023 at 12:00 p.m. by ECF No. 13 is hereby CANCELLED and shall be reset by separate order. Signed by Magistrate Judge Jacqueline Becerra on 12/8/2023. (ymr)
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Filing 24
Defendant's REPLY to Response to Motion re #12 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by VMSB, LLC. (Zelmanowitz, Andrew)
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Filing 23
Defendant's RESPONSE to #14 Statement, Statement of Claim by VMSB, LLC. (Zelmanowitz, Andrew)
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Filing 22
ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 7/29/2024 in Miami Division before Judge Rodolfo A. Ruiz II., Calendar Call set for 7/23/2024 11:00 AM in Miami Division before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 1/11/2024., Discovery due by 5/17/2024., Expert Discovery due by 5/17/2024., Joinder of Parties due by 1/11/2024., Mediation Deadline 5/24/2024., In Limine Motions due by 6/28/2024., Dispositive Motions due by 5/31/2024., Motions due by 5/31/2024., Pretrial Stipulation due by 6/28/2024.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 5/24/2024.), ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for Discovery Matters. Signed by Judge Rodolfo A. Ruiz, II on 11/30/2023. See attached document for full details. (nwn) #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 21
Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Eric Volpe, Enzo Ferrer, Vincenzo Matino identifying Other Affiliate Robert Spiegelman, Other Affiliate Salem Mounayyer for Eric Volpe (Sanchez, Anthony) Modified Filers on 11/30/2023 (cds).
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Filing 20
Clerk's Notice to Filer re #19 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. Mounayyer, Salem, Spiegelman, Robert. (cds)
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Filing 19
Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Eric Volpe (Sanchez, Anthony)
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Filing 18
RESPONSE in Opposition re #12 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Eric Volpe. Replies due by 12/5/2023. (Sanchez, Anthony)
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Filing 17
Joint SCHEDULING REPORT - Rule 16.1 by Eric Volpe (Sanchez, Anthony)
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Filing 16
Certificate of Other Affiliates/Corporate Disclosure Statement by VMSB, LLC identifying Other Affiliate Anthony F. Sanchez, P.A., Other Affiliate Berger Singerman LLP, Other Affiliate Versace SB Realty, LLC, Other Affiliate The Joseph Nakash 2005 Trust, Other Affiliate The Avi Nakash 2005 Trust, Other Affiliate The Ralph Nakash 2005 Trust, Other Affiliate THE VILLA CASA AT THE FORMER VERSACE MANSION, Other Affiliate Nakash Properties, LLC, Other Affiliate Enzo Ferrer, Other Affiliate Vincenzo Matino, Other Affiliate Jack Braha, Other Affiliate Nikki Branch, Other Affiliate Ely Cohen, Other Affiliate Eli Gindi, Other Affiliate Jeffrey Gindi, Other Affiliate Andrew Bryan Zelmanowitz, Other Affiliate Anthony F. Sanchez for VMSB, LLC (Zelmanowitz, Andrew)
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Filing 15
NOTICE of Attorney Appearance by Nikki Frances Branch on behalf of VMSB, LLC. Attorney Nikki Frances Branch added to party VMSB, LLC(pty:dft). (Branch, Nikki)
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Filing 14
Statement of: of Claim by Eric Volpe re #9 Order Referring Case to Magistrate Judge,, Set/Reset Deadlines, (Attachments: #1 Exhibit Plaintiff Eric Volpe Calculations, #2 Exhibit Plaintiff Enzo Ferrer Calculations, #3 Exhibit Plaintiff Vincenzo Matino Calculations)(Sanchez, Anthony)
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Filing 13
PAPERLESS ORDER SETTING SETTLEMENT CONFERENCE. The in-person Settlement Conference in this matter is scheduled for 12:00 P.M. on Tuesday, December 12, 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 11/15/2023. (ymr)
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Filing 12
MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by VMSB, LLC. Responses due by 11/28/2023 (Zelmanowitz, Andrew)
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Filing 11
ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 11/28/2023. Signed by Judge Rodolfo A. Ruiz, II on 11/7/2023. See attached document for full details. (nwn)
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Filing 10
PAPERLESS ORDER REGARDING PROCEDURES TO SET SETTLEMENT CONFERENCE. To set the settlement conference mandated by the District Court (the "Settlement Conference"), ECF No. #9 , counsel for Plaintiff shall send an e-mail to [email protected], 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 45 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 Settlement 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 11/7/2023. (ymr)
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Filing 9
ORDER IN ACTIONS BROUGHT UNDER THE FAIR LABOR STANDARDS ACT. REFERRING CASE to Magistrate Judge Jacqueline Becerra for Settlement conference. (Plaintiff Statement of Claim due by 11/20/2023.) Signed by Judge Rodolfo A. Ruiz, II on 11/6/2023. See attached document for full details. (nwn)
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Filing 8
SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Eric Volpe. VMSB, LLC served on 10/17/2023, response/answer due 11/7/2023. (Attachments: #1 Affidavit Return of Service of Complaint on Defendant VMSB, LLC)(Sanchez, Anthony)
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Filing 7
PAPERLESS ORDER requiring Plaintiffs to file Proof of Service on the public docket. Although attorney for Defendant has appeared, ECF No. #5 , Plaintiffs are instructed to file Proof of Service, for clarity of record, on or before November 9, 2023. Signed by Judge Rodolfo A. Ruiz, II on 11/6/2023. (agh)
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Filing 6
PAPERLESS ORDER granting #5 Unopposed Motion for Extension of Time. Defendant shall file a response to the Complaint on or before November 14, 2023. Signed by Judge Rodolfo A. Ruiz, II on 11/6/2023. (agh)
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Reset Response/Answer Due Deadline: VMSB, LLC response/answer due 11/14/2023. PER DE#6 (cds)
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Filing 5
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by VMSB, LLC. Attorney Andrew Bryan Zelmanowitz added to party VMSB, LLC(pty:dft). (Attachments: #1 Text of Proposed Order Proposed Order Granting Unopposed Motion for Extension of Time)(Zelmanowitz, Andrew)
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Filing 4
NOTICE by Enzo Ferrer, Vincenzo Matino, Eric Volpe of Filing Consents to Join (Attachments: #1 Exhibit Consent to Join of Eric Volpe, #2 Exhibit Consent to Join of Enzo Ferrer, #3 Exhibit Consent to Join of Vincenzo Matino) (Sanchez, Anthony)
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Filing 3
Summons Issued as to VMSB, LLC. (nwn)
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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. (nwn)
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Filing 1
COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16986770, filed by Eric Volpe, Vincenzo Matino, Enzo Ferrer. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Proposed Summons - VMSB, LLC)(Sanchez, Anthony)
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| Plaintiff: Eric Volpe | |
| Represented By: | Anthony Sanchez |
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| Plaintiff: Enzo Ferrer | |
| Represented By: | Anthony Sanchez |
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| Plaintiff: Vincenzo Matino | |
| Represented By: | Anthony Sanchez |
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| Defendant: VMSB, LLC doing business as Giannis at the former Versace Mansion doing business as Giannis at Casa Casuarina doing business as The Villa Casa Casuarina | |
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| Defendant: VMSB, LLC a Florida limited liability company doing business as Gianni's at the former Versace Mansion doing business as Gianni's at Casa Casuarina doing business as The Villa Casa Casuarina | |
| Represented By: | Andrew Bryan Zelmanowitz |
| Represented By: | Nikki Frances Branch |
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