Herrera v. 2Fast Logistic Corp et al
| Ernesto Herrera |
| 2Fast Logistic Corp and Rogger Gabor |
| 1:2024cv20506 |
| February 8, 2024 |
| US District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| K Michael Moore |
| Labor: Fair Standards |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.
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Filing 20
PAPERLESS ORDER ON MOTION FOR EXTENSION OF TIME. THIS CAUSE is before the Court on the Parties' Joint Motion for Extension of Time to Conduct Settlement Conference and Response to Court's Request to Show Good Cause (the "Motion"), ECF No. #18 . Upon consideration of the Motion, the pertinent portions of the record, and for good cause shown, it is hereby ORDERED and ADJUDGED that the Motion, ECF No. #18 , is GRANTED. Accordingly, the Parties shall conduct the Settlement Conference no later than April 17, 2024. The Court will enter a separate Order Scheduling Settlement Conference containing the precise date and time of the Settlement Conference. In addition, for the Parties' future reference and to prevent any further delays, the Court notes that, as the Southern District of Florida's website reflects, the chambers email address for Magistrate Judge Marty Fulgueira Elfenbein is Elfenbein@flsd.uscourts.gov. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/5/2024. (MFE)
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| Filing 19 Joint NOTICE OF AVAILABLE DATES FOR SETTLEMENT CONFERENCE by Ernesto Herrera (Jimenez, Julisse) |
| Filing 18 Joint MOTION for Extension of Time to conduct the Settlement Conference and Response To Courts Request To Show Good Cause by Ernesto Herrera. Responses due by 4/18/2024. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Jimenez, Julisse) |
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Filing 17
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/28/2024. See attached document for full details. (pcs)
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| Filing 16 CASE REFERRED to Magistrate Judge Marty Fulgueira Elfenbein. (Per Chambers) (sk) |
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Filing 15
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 Paperless Notice of Court Practice in Fair Labor Standards Act Cases and Referral to Magistrate Judge for Settlement Conference ("Notice of Court Practice"). Within fourteen (14) days of the entry of this Order, 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. 3 . Following the submission of proposed dates, I will enter an order setting the settlement conference. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/19/2024. (MFE)
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Filing 14
PAPERLESS ORDER SUPERSEDING ECF NO. 4 REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. 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 Marty Fulgueira Elfenbein 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 Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 3/19/2024. (mh02)
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Filing 13
PAPERLESS ORDER REFERRING CASE TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN 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 Marty Fulgueira Elfenbein. All deadlines set forth in the Court's Paperless Notice of Court Practice in Fair Labor Standards Act Cases and Referral to Magistrate Judge for Settlement Conference (ECF No. 3) remain in effect. Signed by Judge K. Michael Moore on 3/19/2024. (mh02)
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| Filing 12 RESPONSE to #11 Statement of Claim (Amended) by 2Fast Logistic Corp, Rogger Gabor. (Leon, Jose) |
| Filing 11 Statement of: CLAIM AMENDED by Ernesto Herrera (Jimenez, Julisse) |
| Filing 10 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Ernesto Herrera (Jimenez, Julisse) |
| Filing 9 Notice of Pending, Refiled, Related or Similar Actions by Ernesto Herrera (Jimenez, Julisse) |
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Filing 8
ORDER Setting Discovery Procedures. Signed by Magistrate Judge Melissa Damian on 2/20/2024. See attached document for full details. (cos)
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| Filing 7 Statement of: CLAIM by Ernesto Herrera (Jimenez, Julisse) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Notice of Removal (State Court Complaint),, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ernesto Herrera. Rogger Gabor served on 1/19/2024, response/answer due 2/9/2024. (Jimenez, Julisse) |
| Filing 5 Defendants' ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by 2Fast Logistic Corp, Rogger Gabor. (Leon, Jose) |
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Filing 4
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MELISSA DAMIAN. 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 Melissa Damian 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 Damian's discovery procedures. Signed by Judge K. Michael Moore on 2/12/2024. (mh02)
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Filing 3
PAPERLESS NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. 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 Defendants 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 Melissa Damian 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 Damian 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 Damian. Absent an extension from Magistrate Judge Damian, 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 2/12/2024. (mh02)
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| 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 Melissa Damian 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. (rbe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number AFLSDC-17280416, filed by Rogger Gabor, 2Fast Logistic Corp. No Answer Filed. No Motion To Dismiss Filed. (Attachments: #1 Exhibit- State Court Complaint, #2 Civil Cover Sheet, #3 Civil Cover Sheet, #4 Docket Sheet, #5 Summon(s), #6 Summon(s), #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Leon, Jose) Modified Text & Attachment Description on 2/9/2024 (rbe). |
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