Garcia Salinas v. PVO Trucking, Inc. et al
| Jose Luis Garcia Salinas |
| PVO Trucking, Inc. and Pastor V. Ortez |
| 1:2024cv20702 |
| February 22, 2024 |
| US District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| K Michael Moore |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 Fair Labor Standards Act |
| None |
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This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.
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Filing 20
PAPERLESS ORDER granting the Parties' Joint Motion for Extension of Time to Hold the Settlement Conference ("Motion"), ECF No. #18 . Pursuant to the authority granted to me by the Honorable K. Michael Moore's Paperless Notice of Court Practice in Fair Labor Standards Act Cases and 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 May 22, 2024. The Court will enter a separate Order Scheduling Settlement Conference containing the precise date and time of the Settlement Conference. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/19/2024. (MFE)
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| Filing 19 ANSWER and Affirmative Defenses to Complaint by Pastor V. Ortez, PVO Trucking, Inc.. (Hernandez, Henry) |
| Filing 18 Joint MOTION for Extension of Time to Hold the Settlement Conference re 11 Order,,,, by Jose Luis Garcia Salinas. Responses due by 4/30/2024. (Attachments: #1 Text of Proposed Order)(Klein, Nolan) |
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Filing 17
PAPERLESS ORDER regarding the Parties' Notice Identifying Dates for a Settlement Conference, ECF No. #16 . As stated in the Court's April 12, 2024 Order to Comply, ECF No. 15 , "the settlement conference in this case must occur by April 22, 2024." Id. (citing ECF No. 4 ). Of the three dates provided in the Parties' Notice Identifying Dates for a Settlement Conference, only one was before Judge Moore's April 22, 2024 deadline to conduct the settlement conference. See ECF No. 4 . If the Parties are requesting permission to hold the settlement conference after the April 22, 2024 deadline, they shall file a motion for an extension of time no later than April 18, 2024 and provide the Court with three agreed-upon proposed dates to conduct the settlement conference. See ECF No. 4 ("Absent an extension from Magistrate Judge [Elfenbein], the Parties shall complete their Settlement Conference within fifty-five (55) days of this Notice."). Failure to comply with this Order may result in the Court unilaterally scheduling the mandatory settlement conference. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/15/2024. (MFE)
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| Filing 16 NOTICE Identifying Dates for a Settlement Conference by Jose Luis Garcia Salinas re 15 Order,,, 11 Order,,,, (Klein, Nolan) |
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Filing 15
PAPERLESS ORDER. On March 19, 2024, I ordered the Parties to file a "Notice, identifying three (3) mutually agreed-upon dates for a settlement conference[.]" ECF No. 11 . The deadline for the Notice was yesterday, April 11, 2024; yet no notice was filed. The Parties are hereby ORDERED to comply with the March 19, 2024 Order, ECF No. 11 , no later than April 16, 2024. I remind the parties that, pursuant to the Court's February 26, 2024 Notice, the settlement conference in this case must occur by April 22, 2024. See ECF No. 4 ("Absent an extension from Magistrate Judge [Elfenbein], the Parties shall complete their Settlement Conference within fifty-five (55) days of this Notice."). Failure to comply with this Order may result in the recommendation of sanctions or other appropriate measures. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/12/2024. (MFE)
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Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for Extension of Time to File Response to Complaint. #13 . Therein, Defendants request a brief extension of time to respond to the Complaint because Defendants' counsel was recently retained and "need additional time to file their response to the Complaint." Id. at 1. Plaintiff does not oppose the relief requested. Id. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #13 is GRANTED. Defendants shall respond to the Complaint on or before April 18, 2024. Signed by Judge K. Michael Moore on 4/1/2024. (mh02)
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| Set/Reset Response/Answer Due Deadline: Pastor V. Ortez response/answer due 4/18/2024; PVO Trucking, Inc. response/answer due 4/18/2024. Per DE 14 Order. (ebz) |
| Filing 13 MOTION for Extension of Time to File Response/Reply/Answer by Pastor V. Ortez, PVO Trucking, Inc.. Attorney Henry Hernandez added to party Pastor V. Ortez(pty:dft), Attorney Henry Hernandez added to party PVO Trucking, Inc.(pty:dft). (Hernandez, Henry) |
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Filing 12
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/27/2024. See attached document for full details. (nan)
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Filing 11
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 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. 4 . Following the submission of proposed dates, I will enter an order setting the settlement conference. It is incumbent upon Plaintiff to timely seek any extension of time to conduct a settlement conference, in the event the Defendants have not entered an appearance prior to the deadline to conduct a settlement conference. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/19/2024. (MFE)
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Filing 10
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. 4) remain in effect. Signed by Judge K. Michael Moore on 3/19/2024. (mh02)
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Filing 9
PAPERLESS ORDER SUPERSEDING ECF NO. 5 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 8 Statement of: Claim by Jose Luis Garcia Salinas re 4 Order,,,,,,,,,,,,,,,,,,,,,,,,,, (Klein, Nolan) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jose Luis Garcia Salinas. Pastor V. Ortez served on 3/8/2024, response/answer due 3/29/2024. (Klein, Nolan) |
| 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 Jose Luis Garcia Salinas. PVO Trucking, Inc. served on 3/8/2024, response/answer due 3/29/2024. (Klein, Nolan) |
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Filing 5
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 2/26/2024. (mh02)
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Filing 4
PAPERLESS NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. 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 Defendant's 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 Melissa 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 2/26/2024. (mh02)
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| Filing 3 Summons Issued as to Pastor V. Ortez, PVO Trucking, Inc.. (pc) |
| 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. (pc) |
| Filing 1 COMPLAINT against Pastor V. Ortez, PVO Trucking, Inc.. Filing fees $ 405.00 receipt number AFLSDC-17313889, filed by Jose Luis Garcia Salinas. (Attachments: #1 Summon(s), #2 Summon(s), #3 Civil Cover Sheet)(Klein, Nolan) |
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