Martin v. Bis-Nik II Enterprises, Inc., et al
| Dominique Martin |
| Mark Carrie and Bis-Nik II Enterprises, Inc. doing business as Tipsee Spirits & Wine |
| 1:2025cv22267 |
| May 16, 2025 |
| U.S. District Court for the Southern District of Florida |
| Jacqueline Becerra |
| 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 November 11, 2025. A more recent docket listing may be available from PACER.
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Filing 33
PAPERLESS ORDER. THIS CAUSE comes before the Court upon Plaintiff's Motion for Extension of Time to File Joint Scheduling Report (the "Motion"), ECF No. #31 . Upon due consideration of the Motion, and the pertinent portions of the record, it is hereby ORDERED AND ADJUDGED that the Motion is DENIED. The parties shall file their Joint Scheduling Report no later than Thursday, November 21, 2025. If Defendant is non-responsive, then Plaintiff can submit the Joint Scheduling Report unilaterally. Signed by Judge Jacqueline Becerra on 11/11/2025. (drn)
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| Filing 32 RESPONSE in Opposition re #28 MOTION to Dismiss #23 Amended Complaint/Amended Notice of Removal filed by Dominique Martin. Replies due by 11/6/2025. (LaRou, Patrick) |
| Filing 31 Plaintiff's MOTION for Extension of Time to File Joint Scheduling Report re 30 Order,,,,,,,,,,,,,,,,,,,,,,, by Dominique Martin. Responses due by 11/13/2025. (Attachments: #1 Text of Proposed Order)(LaRou, Patrick) |
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Filing 30
PAPERLESS ORDER REGARDING CERTIFICATE OF INTERESTED PARTIES AND JOINT SCHEDULING REPORT. The parties shall comply with the following procedures: 1. CERTIFICATE OF INTERESTED PARTIES: Within fifteen days from the date the last Defendant enters an appearance in this action, the parties, including governmental parties, must file Certificates of Interested Parties and Corporate Disclosure Statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties must not include the undersigned or the assigned Magistrate Judge as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the Certificates. 2. JOINT SCHEDULING REPORTS: Within ten days from this Order, the parties are directed to prepare and file a Joint Scheduling Report as required by Local Rule 16.1. Disclosures required under Fed. R. Civ. P. 26(a)(l) must be made at or before the time the parties confer to develop their case management and discovery plan. The parties must certify in the Joint Scheduling Report that such disclosures have been made unless a party files an objection to a required disclosure. Such filed objection must include a full explanation of the basis for the objection. The scheduling conference may be held via video conference or in person. It may not be held by telephone. The Joint Scheduling Report should include a section entitled "Plaintiff's Statement of Claim" that includes: (1) an initial estimate of the total amount of alleged unpaid wages; (2) a preliminary calculation of such wages; (3) the approximate period during which the alleged FLSA violations occurred; (4) the nature of the wages (e.g., overtime or straight time); (5) the amount of attorney's fees (hours and rate) incurred to date; and, for each Defendant, a section entitled "Response to Plaintiff's Statement of Claim," setting forth in detail any defenses the Defendant(s) may raise to Plaintiff(s)' claim(s). All documents supporting Plaintiff(s)' Statement of Claim and Defendant(s)' Response (including time sheets, pay stubs, etc.) must be exchanged at least forty-eight hours before counsel meets to prepare the Joint Scheduling Report. In drafting their Joint Proposed Scheduling Order, the parties shall utilize the Court's Template Scheduling Order, found at https://www.flsd.uscourts.gov/sites/flsd/files/JB_RevisedTemplateSchedulingOrder.pdf. Any deviation from the guidelines set forth in the Court's Template Scheduling Order or those proposed by the Local Rules must be noted in the Joint Scheduling Report along with an explanation for why any deviation is being proposed. Failure to articulate the reason(s) for any deviation from the guidelines set forth in the Court's Template Scheduling Order may result in the Court setting pre-trial deadlines and/or a trial date without regard to those proposed by the parties. Order may result in the Court setting pre-trial deadlines and/or a trial date without regard to those proposed by the parties. Additionally, if the parties agree that an early mediation date with a United States Magistrate Judge would be helpful to a resolution of the matter, counsel shall note that request in their Joint Scheduling Report. Counsel are advised that the Court will not set an early mediation with the Magistrate Judge unless the parties are in agreement that one would be helpful. 3. FILING OF MOTIONS: All filings must be in a 12-point font and double spaced. Single spacing is only permitted for footnotes. The required conferral under Local Rule 7.1 must be by telephone or in person. An e-mail conferral will only be permitted if counsel are in agreement as to the relief sought in the motion. 4. EXTENSIONS OF TIME: Requests for extensions of time, including unopposed motions, will only be granted by the Court upon an appropriate motion showing good cause why the deadline cannot be met. Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought. All requests for extensions of time must include: (1) the conferral statement required under Local Rule 7.1; (2) a list of any prior motions for extension of time; (3) a specific statement regarding the circumstances necessitating the requested relief; and (4) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. 5. SETTLEMENT APPROVAL OR REQUEST FOR SETTLEMENT HEARING: Any motion for settlement approval filed in this case must do the following: (a) attach a copy of the settlement agreement; (b) state whether the settlement agreement would result in a complete recovery of all wages that Plaintiff(s) claimed to be owed; (c) explain, with specificity, the nature of the parties' bona fide dispute and why the settlement agreement represents a fair and reasonable resolution of that dispute; (d) as to recovery of attorney's fees, explain how the fees were calculated and why the amount of the fees is reasonable. If the parties wish to have the terms of the settlement approved without the need for a written settlement agreement being filed with the Court, the parties may file a Motion for Settlement Hearing whereby all material terms of the agreement are presented to the Court at a Zoom hearing. Counsel are advised that the parties must also be present for the Settlement Hearing. Signed by Judge Jacqueline Becerra on 10/22/2025. (drn)
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| Filing 29 NOTICE of Attorney Appearance by Patrick Brooks LaRou on behalf of Dominique Martin. Attorney Patrick Brooks LaRou added to party Dominique Martin(pty:pla). (LaRou, Patrick) |
| Filing 28 Response Motion Opposing #23 Amended Complaint/Amended Notice of Removal by Mark Carrie. Responses due by 10/30/2025. (ls) |
| Filing 27 Pluries Summons Issued as to Mark Carrie. (ls) |
| Filing 26 Pluries Summons Issued as to Bis-Nik II Enterprises, Inc.. (ls) |
| Filing 25 Plaintiff's NOTICE of Filing Pluries Summonses by Dominique Martin (Attachments: #1 Summon(s) Summons-pluries m carrie, #2 Summon(s) Summons-pluries BIS-NIK) (Pollock, Brian) |
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Filing 24
PAPERLESS ORDER. THIS CAUSE comes before the Court on Plaintiff's Motion for Leave to File an Amended Complaint (the "Motion"), ECF No. #19 . In light of the Motion, it is hereby ORDERED AND ADJUDGED that the Clerk's Entries of Default as to Defendants Mark Carrie and Bis-Nik II Enterprises, Inc., ECF Nos. #8 and #12 , are VACATED. Signed by Judge Jacqueline Becerra on 9/29/2025. (rs01)
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| Filing 23 AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Dominique Martin.(Schickman, Katelyn) |
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Filing 22
PAPERLESS ORDER granting #21 Plaintiff's Motion for Leave to File Amended Complaint. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Jacqueline Becerra on 9/25/2025. (rs01)
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| Filing 21 First MOTION for Leave to File Amended Complaint by Dominique Martin. (Attachments: #1 Exhibit A - Proposed Amended Complaint)(Schickman, Katelyn) |
| Filing 20 NOTICE of Striking #19 First MOTION for Leave to File Amended Complaint filed by Dominique Martin to be refiled by Dominique Martin (Schickman, Katelyn) |
| Filing 19 STRICKEN First MOTION for Leave to File Amended Complaint by Dominique Martin. (Attachments: #1 Exhibit A - Proposed Amended Complaint)(Schickman, Katelyn) Modified on 9/25/2025 per DE #20 Notice (kpe). |
| Filing 18 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Dominique Martin (Pollock, Brian) |
| Filing 17 RESPONSE TO ORDER TO SHOW CAUSE re 13 Order to Show Cause,,,,, by Dominique Martin. (Pollock, Brian) |
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Filing 16
PAPERLESS ORDER STRIKING AMENDED COMPLAINT. THIS CAUSE comes before the Court upon Plaintiff's Amended Complaint, ECF No. #15 . "A party may amend its pleading once as a matter of course no later than... 21 days after serving it... [or] with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a). Plaintiff did not request leave from the Court to file the Amended Complaint. Accordingly, the Amended Complaint, ECF No. #15 , is hereby STRICKEN from the record. Signed by Judge Jacqueline Becerra on 9/23/2025. (rs01)
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| Filing 15 "STRICKEN" AMENDED COMPLAINT against All Defendants, filed by Dominique Martin.(Schickman, Katelyn) Modified on 9/23/2025 (ls). (per DE #16) |
| Filing 14 NOTICE of Attorney Appearance by Katelyn Schickman on behalf of Dominique Martin. Attorney Katelyn Schickman added to party Dominique Martin(pty:pla). (Schickman, Katelyn) |
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Filing 13
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE is before the Court upon sua sponte review of the record. On July 14, 2025, the Clerk entered a Default against Defendant Mark Carrie. ECF No. #8 . On September 11, 2025, the Clerk entered a Default against Defendant Bis-Nik II Enterprises, Inc. ECF No. #12 . The Court's Order Regarding Procedures requires that a motion for default judgment "shall be filed within seven days of the entry of a Clerk's Default. Any motions for final default judgment must comply with the Court's Standing Procedures Regarding Motions for Default Final Judgment found at: https://www.flsd.uscourts.gov/sites/flsd/files/JudgeBecerraStandingOrderMotionsforDefaultJudgment.pdf." ECF No. #5 . To date, Plaintiff has not filed a motion for default judgment, nor requested an extension of time to do so. Accordingly, Plaintiff is hereby ORDERED to file a motion for default judgment by September 24, 2025, at 5:00 P.M., or show cause in writing by such date why the Court should not dismiss this action without prejudice and without further notice. Failure to comply will result in dismissal of this case without prejudice and without further notice. Signed by Judge Jacqueline Becerra on 9/19/2025. (rs01)
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| Filing 12 "VACATED" Clerk's Entry of Default as to Bis-Nik II Enterprises, Inc. - Motions Terminated: #10 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 9/11/2025. (ls) Modified on 9/29/2025 (ls). (per DE #24) |
| Filing 11 Plaintiff's NOTICE of Joint Liability by Dominique Martin (Pollock, Brian) |
| Filing 10 Plaintiff's MOTION for Clerk's Entry of Default as to Bis-Nik II Enterprises, Inc. by Dominique Martin. (Attachments: #1 Text of Proposed Order Clerk's Default on BIS-NIK II ENTERPRISES, INC.)(Pollock, Brian) |
| 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 Dominique Martin. Bis-Nik II Enterprises, Inc. served on 8/14/2025, response/answer due 9/4/2025. (Attachments: #1 Exhibit ROS on Bis-Nik II Enterprises, Inc.)(Pollock, Brian) |
| Filing 8 "VACATED" Clerk's Entry of Default as to Mark Carrie - Motions Terminated: #7 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 7/14/2025. (ls) Modified on 9/29/2025 (ls). (per DE #24) |
| Filing 7 Plaintiff's MOTION for Clerk's Entry of Default as to Mark Carrie by Dominique Martin. (Pollock, Brian) |
| 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 Dominique Martin. Mark Carrie served on 6/17/2025, response/answer due 7/8/2025. (Attachments: #1 Exhibit ROS on Mark Carrie)(Pollock, Brian) |
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Filing 5
ORDER Regarding Procedures. Signed by Judge Jacqueline Becerra on 5/19/2025. See attached document for full details. (ls)
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| Filing 4 Summons Issued as to Bis-Nik II Enterprises, Inc., Mark Carrie. (blc) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. Venue on the Civil Cover Sheet does not match the initiating document. The Clerks Office confirmed Miami-Dade (Office - Miami) as the county with the filer. It is not necessary to re-file this document. (blc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (blc) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-18457903, filed by Dominique Martin. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Summons BIS-NIK, #3 Summon(s) Summons M Carrie)(Pollock, Brian) |
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