Salazar v. W Restaurant Supplies Corp
| NHAIKELLY A. SALAZAR |
| W RESTAURANT SUPPLIES CORP |
| 1:2023cv24334 |
| November 13, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Labor: Fair Standards |
| 15 U.S.C. ยง 0002 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 5, 2024. A more recent docket listing may be available from PACER.
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Filing 15
PAPERLESS ORDER granting #14 Plaintiff's Motion for Extension of Time to File Motion for Final Default Judgment Against Defendant. Plaintiff shall file its motion on or before January 25, 2024. Signed by Judge Darrin P. Gayles on 1/5/2024. (bs00)
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| Filing 14 MOTION for Extension of Time to file motion for final default re 7 Notice of Court Practice/to Appear/Other,,, by Nhaikelly A. Salazar. Responses due by 1/19/2024 (Palma, Zandro) |
| Filing 13 Clerk's Entry of Default as to W Restaurant Supplies Corp. Signed by DEPUTY CLERK on 12/27/2023. (kpe) |
| Filing 12 MOTION for Clerk's Entry of Default as to W Restaurant Supplies Corp by Nhaikelly A. Salazar. (Palma, Zandro) |
| Filing 11 Statement of: Claim by Nhaikelly A. Salazar re 8 Order, (Palma, Zandro) |
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Filing 10
PAPERLESS ORDER striking, sua sponte, Plaintiff's #9 Statement of Claim. Upon the Court's review, it is clear that Plaintiff's Statement of Claim was filed in error as it states that it was submitted pursuant to the Honorable Judge Beth Bloom's Order, dated August 1, 2023. Additionally, the Statement of Claim states that the action was brought against Defendants Spark Electric, Inc. and Raul Delgado and filed on July 31, 2023. The instant case was filed on November 13, 2023 and brought against Defendant W Restaurant Supplies Corp. Thus, the Court can only assume that the information contained in the Statement of Claim is inapplicable and irrelevant to the case at hand. Plaintiff is directed to file a corrected Statement of Claim in compliance with the Court's 8 December 20, 2023 Paperless Order. Signed by Judge Darrin P. Gayles on 12/22/2023. (bs00)
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| Filing 9 (STRICKEN PER DE#10) Statement of: Claim by Nhaikelly A. Salazar re 8 Order, (Palma, Zandro) Modified text on 12/27/2023 (scn). |
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Filing 8
PAPERLESS ORDER. Pursuant to this Court's 5 Notice of Court Practice, Plaintiff Nhaikelly A. Salazar was required to file a Statement of Claim on or before November 28, 2023 and failed to do so. Plaintiff MUST file her Statement of Claim on or before December 27, 2023. Failure to comply may result in the dismissal of this action. Signed by Judge Darrin P. Gayles on 12/20/2023. (bs00)
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Filing 7
ORDER ON DEFAULT PROCEDURE. Plaintiff effectuated service of the summons and complaint on Defendant on November 27, 2023 [ECF No. 6]. Defendant, however, has failed to plead or otherwise defend this action after being served with process. Accordingly, within five (5) days of the date of this Order, Plaintiff shall file for entry of default by the Clerk as to the defendant. Within ten (10) days of entry of default by the Clerk, Plaintiff shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiff's failure to file a Motion for Final Default Judgment on or before the date set forth above may result in dismissal of the instant action. Signed by Judge Darrin P. Gayles on 12/20/2023. (bs00)
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| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Nhaikelly A. Salazar. W Restaurant Supplies Corp served on 11/27/2023, response/answer due 12/18/2023. (Palma, Zandro) |
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Filing 5
NOTICE OF COURT PRACTICE. The Complaint in this action is filed under the Fair Labor Standards Act, 29 U.S.C. 201 et seq. ("FLSA"). In order to assist the Court in the management of this case, and in an effort to foster early and cost-effective resolution, the parties are ORDERED to comply with the following procedures: Under Rule 8 of the Federal Rules of Civil Procedure, a plaintiff is required to state a "short and plain statement of the claim." While this Rule places only a light burden on a plaintiff, the Court requires complaints filed under the FLSA to include, at a minimum, a statement setting forth the following with respect to each Plaintiff: (a) An initial estimate of the total amount of alleged unpaid wages; (b) A preliminary calculation of such wages; (c) The approximate period during which the alleged FLSA violations occurred; and (d) The nature of the wages (e.g., overtime or straight time). Plaintiff is directed to file a "Statement of Claim" by November 28, 2023. Plaintiff(s) shall promptly serve a copy of this Order, the Statement of Claim, and copies of all supporting documents (including time sheets, pay stubs, etc.) upon counsel for Defendant(s) once an appearance has been made or at the time the Statement of Claim is filed (if defense counsel has already appeared). Defendant(s) shall then file a "Response to Plaintiff's Statement of Claim" setting forth in detail any defenses to Plaintiff's claim(s) and serve copies of all supporting documents within twenty (20) days of being served with Plaintiff's Statement of Claim. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the dismissal of this action or entry of default. Signed by Judge Darrin P. Gayles on 11/14/2023. (bs00)
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| Filing 4 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. 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. Signed by Judge Darrin P. Gayles on 11/14/2023. (bs00) |
| Filing 3 Summons Issued as to W RESTAURANT SUPPLIES CORP. (caw) |
| Filing 2 Clerk's Notice of Judge Assignment to Judge Darrin P. Gayles. 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (caw) |
| Filing 1 COMPLAINT against W RESTAURANT SUPPLIES CORP. Filing fees $ 402.00 receipt number BFLSDC-17066825, filed by NHAIKELLY A. SALAZAR. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Palma, Zandro) |
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| Plaintiff: NHAIKELLY A. SALAZAR | |
| Represented By: | Zandro E. Palma |
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| Defendant: W RESTAURANT SUPPLIES CORP | |
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