FLORES v. MOTORO CARS INC et al
| ALVARO FLORES |
| MOTORO CARS INC, MOTORO CARS I, LLC, MOTORO CARS II LLC, MOTORO CARS III, LLC, MOTORO CARS IV, LLC and FELIX DIAZ |
| 1:2024cv20130 |
| January 12, 2024 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Jacqueline Becerra |
| Eduardo I Sanchez |
| Labor: Fair Standards |
| 15 U.S.C. § 0002 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 11, 2024. A more recent docket listing may be available from PACER.
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Filing 31
PAPERLESS ORDER RE-OPENING the case now that the Defendants Motoro Cars I, LLC, and Motoro Cars II, LLC, have retained new counsel. See #27 Notice of Attorney Appearances. Accordingly, we deny without prejudice the Defendants' #18 Motion to Dismiss and deny as moot the Plaintiff's #25 Motion for Extension of Time. The Defendants may file a renewed motion to dismiss by March 18, 2024, and the Plaintiff will have two weeks from the filing of that motion to respond. Signed by Judge Roy K. Altman on 3/11/2024. (tbr)
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| Filing 30 Certificate of Other Affiliates/Corporate Disclosure Statement by FELIX DIAZ, MOTORO CARS III, LLC, MOTORO CARS INC, MOTORO CARS IV, LLC (Recalde, Rafael) |
| Filing 29 Joint SCHEDULING REPORT - Rule 26(f) by ALVARO FLORES (Palma, Zandro) |
| Filing 28 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by MOTORO CARS I, LLC, MOTORO CARS II LLC (Eiss, Charles) |
| Set/Reset Deadlines/Hearings per DE 26 Order. Deadline to obtain new counsel 4/8/2024. (amb) |
| Civil Case Terminated per DE 26 Order. Closing Case. (amb) |
| Filing 27 NOTICE of Attorney Appearance by Charles Merrill Eiss on behalf of MOTORO CARS I, LLC, MOTORO CARS II LLC. Attorney Charles Merrill Eiss added to party MOTORO CARS I, LLC(pty:dft), Attorney Charles Merrill Eiss added to party MOTORO CARS II LLC(pty:dft). (Eiss, Charles) |
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Filing 26
PAPERLESS ORDER granting the #24 Motion to Withdraw as Counsel. We therefore direct the CLERK OF COURT to do two things: (1) terminate Rafael Recalde as counsel of record for the Defendants Motoro Cars I, LLC, and Motoro Cars II, LLC; and (2) CLOSE and STAY this case until the Defendants Motoro Cars I, LLC, and Motoro Cars II, LLC, retain new counsel. Because Motoro Cars I, LLC, and Motoro Cars, II, LLC, cannot proceed pro se, we ORDER them to retain new counsel by April 8, 2024. Signed by Judge Roy K. Altman on 3/8/2024. (tbr)
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| Filing 25 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #18 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by ALVARO FLORES. (Palma, Zandro) |
| Filing 24 MOTION to Withdraw as Attorney by Rafael Recalde and Geremy Klein for / by MOTORO CARS I, LLC, MOTORO CARS II LLC. Responses due by 3/22/2024. (Attachments: #1 Text of Proposed Order)(Recalde, Rafael) |
| Filing 23 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by ALVARO FLORES (Palma, Zandro) |
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Filing 22
ORDER Referring Certain Matters to Magistrate Judge Eduardo I. Sanchez for Pretrial Non-Dispositive Matters. Signed by Judge Roy K. Altman on 3/4/2024. See attached document for full details. (pc)
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| Filing 21 Joint NOTICE by ALVARO FLORES re 17 Order, (Palma, Zandro) |
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Filing 20
Order Requiring Joint Scheduling Report and Certificates of Interested Parties Joint Scheduling Report due by 3/11/2024 Signed by Judge Roy K. Altman on 2/26/2024. See attached document for full details. (pc)
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| Filing 19 Defendant's RESPONSE to #7 Statement of Claim by FELIX DIAZ, MOTORO CARS I, LLC, MOTORO CARS II LLC, MOTORO CARS III, LLC, MOTORO CARS INC, MOTORO CARS IV, LLC. (Recalde, Rafael) |
| Filing 18 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by FELIX DIAZ, MOTORO CARS I, LLC, MOTORO CARS II LLC, MOTORO CARS III, LLC, MOTORO CARS INC, MOTORO CARS IV, LLC. Responses due by 3/11/2024. (Recalde, Rafael) |
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Filing 17
PAPERLESS ORDER. As discussed at the February 23, 2024, status conference, see 16 Paperless Minute Entry, we ORDER the parties to do two things by March 1, 2024: (1) participate in an informal settlement conference; and (2) file a joint notice on the docket indicating whether they have settled the case. Signed by Judge Roy K. Altman on 2/23/2024. (tbr)
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| Filing 16 PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on February 23, 2024. Total time in court: 0 hours : 5 minutes. Attorney Appearances: Rafael Recalde and Zandro E. Palma. Court Reporter: Francine Salopek, 305-301-3276 / mjsfcs@aol.com. (tbr) |
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Filing 15
ORDER SCHEDULING STATUS CONFERENCES: Status Conference set for 2/23/2024 04:00 PM in Miami Division before Judge Roy K. Altman. Signed by Judge Roy K. Altman on 2/12/2024. See attached document for full details. (pc)
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Filing 14
PAPERLESS ORDER granting the Defendants' #13 Motion for Extension of Time. All Defendants will have until February 26, 2024, to respond to the #1 Complaint and the #7 Statement of Claim in accordance with our #5 Order in Cases with Multiple Defendants and our #4 Order in Actions Brought under the Fair Labor Standards Act, respectively. Signed by Judge Roy K. Altman on 2/8/2024. (tbr)
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by FELIX DIAZ, MOTORO CARS I, LLC, MOTORO CARS II LLC, MOTORO CARS III, LLC, MOTORO CARS INC, MOTORO CARS IV, LLC. Attorney Rafael Recalde added to party FELIX DIAZ(pty:dft), Attorney Rafael Recalde added to party MOTORO CARS I, LLC(pty:dft), Attorney Rafael Recalde added to party MOTORO CARS II LLC(pty:dft), Attorney Rafael Recalde added to party MOTORO CARS III, LLC(pty:dft), Attorney Rafael Recalde added to party MOTORO CARS INC(pty:dft), Attorney Rafael Recalde added to party MOTORO CARS IV, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Recalde, Rafael) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ALVARO FLORES. MOTORO CARS IV, LLC served on 1/19/2024, response/answer due 2/9/2024. (Palma, Zandro) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ALVARO FLORES. MOTORO CARS INC served on 1/19/2024, response/answer due 2/9/2024. (Palma, Zandro) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ALVARO FLORES. MOTORO CARS III, LLC served on 1/19/2024, response/answer due 2/9/2024. (Palma, Zandro) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ALVARO FLORES. MOTORO CARS II LLC served on 1/19/2024, response/answer due 2/9/2024. (Palma, Zandro) |
| 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 ALVARO FLORES. MOTORO CARS I, LLC served on 1/19/2024, response/answer due 2/9/2024. (Palma, Zandro) |
| Filing 7 Statement of: Claim by ALVARO FLORES re #4 Order,, Order Referring Case to Magistrate Judge,, Set/Reset Deadlines, (Palma, Zandro) |
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Filing 6
PAPERLESS ORDER REGARDING PROCEDURES TO SET SETTLEMENT CONFERENCE. To set the Settlement Conference mandated by the District Court, ECF No. #4 , counsel for Plaintiff shall send an e-mail to chambers_becerra@flsd.uscourts.gov, 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 the deadline set forth in the District Courts Order in Actions Brought Under the Fair Labor Standards Act, ECF No. #4 . 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 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 1/17/2024. (ymr)
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Filing 5
ORDER IN CASES WITH MULTIPLE DEFENDANTS Signed by Judge Roy K. Altman on 1/12/2024. See attached document for full details. (pc)
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Filing 4
ORDER IN ACTIONS BROUGHT UNDER THE FAIR LABOR STANDARDS ACT: REFERRING CASE to Magistrate Judge for Settlement Conference. (Statement of Claim due by 1/26/2024.) Signed by Judge Roy K. Altman on 1/12/2024. See attached document for full details. (pc)
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| Filing 3 Summons Issued as to FELIX DIAZ, MOTORO CARS I, LLC, MOTORO CARS II LLC, MOTORO CARS III, LLC, MOTORO CARS INC, MOTORO CARS IV, LLC. (pc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Jacqueline Becerra. 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. (pc) |
| Filing 1 COMPLAINT against FELIX DIAZ, MOTORO CARS I, LLC, MOTORO CARS II LLC, MOTORO CARS III, LLC, MOTORO CARS INC, MOTORO CARS IV, LLC. Filing fees $ 405.00 receipt number AFLSDC-17208915, filed by ALVARO FLORES. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s), #7 Summon(s))(Palma, Zandro) |
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