Goldstein v. Town of Surfside, Florida
| DINA GOLDSTEIN |
| TOWN OF SURFSIDE, FLORIDA |
| 1:2025cv24805 |
| October 17, 2025 |
| U.S. District Court for the Southern District of Florida |
| K Michael Moore |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 37
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Motion for Extension of Time to File Motion for Attorney's Fees. #36 . Therein, the Parties request an additional thirty (30) days for Plaintiff to file her motion for attorneys' fees. Id. at 2. The Parties explain that "Plaintiff's counsel must serve but not file a draft motion to allow the parties a reasonable amount of time within which to engage in good faith negotiations regarding the motion." Id. Further, "Any and all decisions regarding resolution and settlement are made by the Town of Surfside Commission. The Town of Surfside is set to hold runoff elections on April 7, 2026. The next scheduled Commission meeting is April 14, 2026, once the new Commission has been sworn in." Id. Accordingly, UPON CONSIDERATION of the Joint Motion, the pertinent portions of the record, and being otherwise advised of the premises, it is hereby ORDERED AND ADJUDGED that the Motion #36 is GRANTED. Plaintiff shall file any motion for attorneys' fees on or before May 6, 2026. Signed by Judge K. Michael Moore on 4/7/2026. (hyn)
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| Filing 36 Joint MOTION for Extension of Time To File Motion for Attorney's Fees re #35 Order on Motion for Miscellaneous Relief,, Order on Motion to Dismiss, by Town of Surfside, Florida. Responses due by 4/20/2026. (Attachments: #1 Text of Proposed Order)(Quintana, Marlene) |
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Filing 35
ORDER granting Joint Motion to Approve Settlement and for Dismissal with Prejudice (ECF No. 33). The Settlement Agreement (ECF No. 33-1) is APPROVED. Signed by Judge K. Michael Moore on 3/20/2026. See attached document for full details. (hyn)
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| Filing 34 Clerk's Notice to Filer re #33 MOTION for Miscellaneous Relief. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (jas) |
| Filing 33 Joint MOTION to Approve Settlement and, MOTION for Dismissal with Prejudice re 32 Notice of Court Practice/to Appear/Other, by Town of Surfside, Florida. Responses due by 3/25/2026. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Quintana, Marlene). Added MOTION to Dismiss on 3/12/2026 (jas). |
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Filing 32
PAPERLESS NOTICE OF COURT PRACTICE UPON NOTICE OF SETTLEMENT. THIS CAUSE came before the Court upon the Paperless Minute Order for the Settlement Conference held before Magistrate Judge Marty Fulgueira Elfenbein. (ECF No. 29). Therein, the Parties reached a settlement. Id. The Parties are hereby directed to file a copy of the settlement agreement with the Court no later than fourteen (14) days from the date of this order. Pursuant to Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), claims for back wages arising under the FLSA may be settled only with approval of the Court or the Secretary of Labor. The Parties are reminded that the FLSA requires judicial review of the reasonableness of counsel's legal fees to assure both that counsel is compensated adequately and that no conflict of interest taints the amount the wronged employee recovers under a settlement agreement. Silva v. Miller, 307 F. App'x 349, 351 (11th Cir. 2009). Thus, if the settlement agreement itself does not disclose the amount paid to the Plaintiff and counsel's attorney fees, they should be separately indicated. The Parties should also include in their filing any information that they believe is relevant to determining the fairness of the fee, including an itemized breakdown of attorney's fees and costs. If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. The Clerk of Court is instructed to CLOSE this case for administrative purposes. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 2/25/2026. (hyn)
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Filing 31
PAPERLESS ORDER VACATING the Court's Order at (ECF No. 30). Signed by Judge K. Michael Moore on 2/25/2026. (hyn)
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Filing 30
VACATED per Order DE 31 . PAPERLESS NOTICE OF COURT PRACTICE UPON NOTICE OF SETTLEMENT. THIS CAUSE came before the Court upon Defendant Kevin Tyler Martin's ("Defendant") Unopposed Motion to Seal Defendant's Motion to Continue Self-Surrender Date and Exhibit A. 78 . Therein, Defendant requests to file his forthcoming Motion to Continue Self-Surrender Date and its attached Exhibit A under seal, as they "contain sensitive personal medical information." Id. at 1. This information includes Defendant's diagnosis, "prescribed treatment regimen, treatment timeline, and other identifying health information." Id. The forthcoming motion "necessarily references portions of that medical information to establish the basis for the requested relief. Public filing of these materials would disclose private medical details that are not otherwise part of the public record." Id. UPON CONSIDERATION of the Unopposed Motion, the pertinent portions of the record, and being otherwise advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant's Motion 78 is GRANTED. Defendant shall file its forthcoming Motion to Continue Self-Surrender Date and its attached Exhibit A under seal, and they shall remain sealed until further order of this Court. Signed by Judge K. Michael Moore on 2/25/2026. (hyn) Modified on 2/25/2026 (pcs).
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| Filing 29 PAPERLESS Minute Order for proceedings held before Magistrate Judge Marty Fulgueira Elfenbein: Settlement Conference continued on 2/24/2026 via Zoom. Settlement reached. The material terms of the agreement were read into the record. Defendant agreed to pay Plaintiff $13,557.12 ($6,778.56 for past due overtime wages and $6,778.56 in liquidated damages) within 15 days of the Town of Surfside's approval at the next Commission meeting. The Parties stipulated that Plaintiff is the prevailing party under the Fair Labor Standards Act and is entitled to an award of reasonable attorney's fees and costs to be determined by the District Court following briefing on the issue. Total time in court: 55 minutes. Attorney Appearance(s): Brian Howard Pollock (counsel for the Plaintiff along with his client, Dina Goldstein); Marlene Quintana (counsel for the Defendant along with her clients, Mario Diaz, (Acting Manager of Town of Surfside) and Thais Hernandez (City Attorney for Town of Surfside)) (Digital 15:41:59;MFE_01_02-24-2026 (Zoom) (ogn1) |
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Filing 28
PAPERLESS ORDER setting the continuation of the Settlement Conference. The continuation of the Settlement Conference is hereby scheduled to take place on February 24, 2026, at 3:30 p.m. via Zoom before United States Magistrate Judge Marty Fulgueira Elfenbein. A Zoom appearance can be made using either of the following methods: (1) copying and pasting the following Zoom Link into a web browser: https://www.zoomgov.com/j/16109660856?pwd=UW5LVWEvcm1xdHR3ZlpnM2VFQVBRQT09; or (2) going to https://www.zoomgov.com and entering Meeting ID 16109660856 and Passcode 309878. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 2/23/2026. (ogn1)
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| Filing 27 PAPERLESS Minute Order for proceedings held before Magistrate Judge Marty Fulgueira Elfenbein: Settlement Conference held on 2/18/2026. Settlement Conference adjourned for the day. A continuation of the settlement conference will take place by telephone on Monday, February 23, 2026 at 1 p.m. Counsel for the respective parties are expected to be on standby via telephone with their clients to continue settlement discussions. Total time in court: 3 hour(s) : 30 minutes. Attorney Appearance(s): Brian Howard Pollock (counsel for the Plaintiff along with his client, Dina Goldstein, accompanied by her husband, William Blumenkranz); Marlene Quintana (counsel for the Defendant along with her clients, Mario Diaz, (Acting manager of Town Surfside, Florida) and Thais Hernandez, (City Attorney for Town of Surfside, Florida). (ogn1) |
| Filing 26 Notice of Pending, Refiled, Related or Similar Actions by Dina Goldstein (Pollock, Brian) |
| Filing 25 Defendant's ANSWER and Affirmative Defenses to Amended Complaint by Town of Surfside, Florida. (Garcia, Andres) |
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Filing 24
PAPERLESS ORDER. THIS CAUSE came before the Court upon the filing of Plaintiff's Amended Complaint. #23 . The Amended Complaint moots Defendant's Motion to Dismiss. #16 . Accordingly, UPON CONSIDERATION of the Amended Complaint #23 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Defendant's Motion #16 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 1/13/2026. (hyn)
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| Filing 23 AMENDED COMPLAINT against Town of Surfside, Florida, filed by Dina Goldstein.(Pollock, Brian) |
| Filing 22 Notice of Pending, Refiled, Related or Similar Actions by Dina Goldstein (Pollock, Brian) |
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Filing 21
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Unopposed Motion for Extension of Time to File Response to Defendant's Partial Motion to Dismiss Count II of Plaintiff's Complaint and Motion to Strike Request for Attorney's Fees. #20 . Therein, Plaintiff requests "an extension of time through January 21, 2026," to respond to Defendant's Partial Motion Dismiss and Motion to Strike #16 , as "[d]ue to the press of business and commitments in other matters, the undersigned will be unable to analyze the Motion, conduct the appropriate research, and draft the necessary response by the deadline." Id. at 1-2. UPON CONSIDERATION of the Unopposed Motion, the pertinent portions of the record, and being otherwise advised in the premises, it is ORDERED AND ADJUDGED that the Motion #20 is GRANTED IN PART. Plaintiff shall respond to Defendant's Partial Motion to Dismiss and Motion to Strike #16 on or before January 12, 2026. Signed by Judge K. Michael Moore on 1/6/2026. (hyn)
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| Filing 20 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #16 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by Dina Goldstein. (Attachments: #1 Text of Proposed Order Proposed Order)(Pollock, Brian) |
| Filing 19 Defendant's RESPONSE to #7 Statement of Claim by Town of Surfside, Florida. (Garcia, Andres) |
| Filing 18 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Town of Surfside, Florida (Garcia, Andres) |
| Filing 17 Defendant's ANSWER and Affirmative Defenses to Complaint by Town of Surfside, Florida. (Garcia, Andres) |
| Filing 16 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by Town of Surfside, Florida. Attorney Andres Jesus Garcia added to party Town of Surfside, Florida(pty:dft). Responses due by 1/6/2026. (Attachments: #1 Exhibit Exhibit A)(Garcia, Andres) |
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Filing 15
ORDER SCHEDULING SETTLEMENT CONFERENCE. Settlement Conference set for 2/18/2026 01:30 PM in Miami Division, C. Clyde Atkins United States Courthouse, 5th Floor, 301 North Miami Avenue, Miami, Florida 33128, before Magistrate Judge Marty Fulgueira Elfenbein. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 12/12/2025. See attached document for full details. (blc)
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Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Unopposed Motion for Extension of Time to Conduct Settlement Conference. #12 . Therein, Plaintiff requests the Court "extend the deadline to complete the parties' Settlement Conference" to March 10, 2026, because the Parties have conferred and identified three mutually agreeable dates for the settlement conference, with the latest one being March 10, 2026. Id. at 2. Plaintiff also notes the Parties identified February 17, 2026 and February 18, 2026 as mutually agreeable dates for the settlement conference. Id. Accordingly, 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 #12 is GRANTED IN PART. The Parties' deadline to conduct a settlement conference is hereby extended to February 18, 2026. Signed by Judge K. Michael Moore on 12/12/2025. (hyn)
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| Filing 13 NOTICE OF AVAILABILITY FOR SETTLEMENT CONFERENCE by Dina Goldstein re 5 Order,,,, (LaRou, Patrick) |
| Filing 12 Unopposed MOTION for Extension of Time TO CONDUCT SETTLEMENT CONFERENCE by Dina Goldstein. Responses due by 12/29/2025. (Attachments: #1 Text of Proposed Order)(LaRou, Patrick) |
| Filing 11 NOTICE of Compliance WITH ECF NO. 4 by Dina Goldstein re 4 Order Referring Case to Magistrate Judge,,,,,,,,,,,,,,,,,,,,,,,,,,,, Pretrial Order,,,,,,,,,,,,,,,,,,,,,,,,,,, (LaRou, Patrick) |
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for an Extension of Time to File a Response to Plaintiff's Complaint. #9 . Therein, Defendant requests an extension until December 23, 2025, to respond to Plaintiff's Complaint because "Counsel for the Defendant is in the process of being retained on this matter and seeks an extension of time to review Plaintiff's Complaint, evaluate Plaintiff's claims, and adequately prepare Defendant's response." Id. at 1. Further, Defendant requests the extension "to avoid unnecessary fees and costs" as "[t]he parties are also exploring settlement options." Id. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant's Motion #9 is GRANTED. Defendant shall file a response to Plaintiff's Complaint on or before December 23, 2025. Signed by Judge K. Michael Moore on 12/1/2025. (hyn)
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| Set/Reset Response/Answer Due Deadline per DE 10 : Town of Surfside, Florida response/answer due 12/23/2025. (pcs) |
| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Town of Surfside, Florida. Attorney Marlene Quintana added to party Town of Surfside, Florida(pty:dft). (Attachments: #1 Text of Proposed Order)(Quintana, Marlene) |
| 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 Dina Goldstein. All Defendants. (Attachments: #1 Exhibit Return of Service)(Pollock, Brian) |
| Filing 7 Statement of: Claim by Dina Goldstein re 4 Order Referring Case to Magistrate Judge,,,,,,,,,,,,,,,,,,,,,,,,,,,, Pretrial Order,,,,,,,,,,,,,,,,,,,,,,,,,,, (LaRou, Patrick) |
| Filing 6 NOTICE of Attorney Appearance by Patrick Brooks LaRou on behalf of DINA GOLDSTEIN. Attorney Patrick Brooks LaRou added to party DINA GOLDSTEIN(pty:pla). (LaRou, Patrick) |
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Filing 5
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"), ECF No. 4 . Within fifteen (15) days of the appearance of Defendant, 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 Defendant has not entered an appearance prior to the deadline to conduct a settlement conference identified in the District Court's Notice of Court Practice, ECF No. 4 . Signed by Magistrate Judge Marty Fulgueira Elfenbein on 10/21/2025. (MFE)
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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 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 Marty Fulgueira Elfenbein 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 Elfenbein 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 Elfenbein. Absent an extension from Magistrate Judge Elfenbein, 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 10/21/2025. (hyn)
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| Filing 3 Summons Issued as to TOWN OF SURFSIDE, FLORIDA. (amb) |
| 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 Marty Fulgueira Elfenbein 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. (amb) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-18882401, filed by DINA GOLDSTEIN. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Summons)(Pollock, Brian) |
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| Plaintiff: DINA GOLDSTEIN | |
| Represented By: | Brian Howard Pollock |
| Represented By: | Patrick Brooks LaRou |
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| Defendant: TOWN OF SURFSIDE, FLORIDA | |
| Represented By: | Marlene Quintana |
| Represented By: | Andres Jesus Garcia |
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