Dominguez v. Delices De France Inc et al
| Ernesto Dominguez |
| Delices De France Inc doing business as French Bakery, Patrick Baboun and Olga Baboun |
| 1:2026cv20916 |
| February 11, 2026 |
| U.S. District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| K Michael Moore |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 Fed. Question: Fair Labor Standards |
| Plaintiff |
Docket Report
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| Filing 25 PAPERLESS NOTICE OF COURT PRACTICE. THIS CAUSE came before the Court upon the Parties' Joint Notice of Settlement. #22 . Therein, the Parties indicate that they have reached a settlement in this matter. Id. The Parties are hereby directed to file a stipulation of dismissal of all claims signed by all parties pursuant to Rule 41(a) of the Federal Rules of Civil Procedure within thirty (30) days from the date of this Notice. If such papers are not filed within the time specified, this matter will be dismissed, and the Court will be divested of jurisdiction to enforce the settlement agreement. The Clerk of Court is INSTRUCTED to ADMINISTRATIVELY CLOSE this case. All pending motions, if any, are DENIED AS MOOT, and all hearings, if any, are CANCELLED. Signed by Judge K. Michael Moore on 4/1/2026. (ss02) |
Filing 24
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Notice of Dissociation of Samuel G. Gonzalez, Esq. as Counsel for Plaintiff filed by Samuel G. Gonzalez. #21 . Therein, Attorney Gonzalez seeks to withdraw as counsel for Plaintiff because "he is no longer affiliated with FairLaw Firm." Id. Plaintiff will continue to be represented by Brian H. Pollock, Esq. and FairLaw Firm. Id. It is within a district court's discretion to permit or deny a motion to withdraw as counsel. See Patnaude v. Sears Pest Control, Inc., No. 08-61980-CIV, 2009 WL 10667065, at *2 (S.D. Fla. May 13, 2009); Reagan v. TitleMax of Ala., Inc., No. 5:09-cv-91/RS-MD, 2010 WL 11530503, at *1 (N.D. Fla. Apr. 15, 2010) (citing Baker v. Coto, 154 F. App'x 854, 858 (11th Cir. 2005)). Here, the Court finds good cause to permit Attorney Gonzalez to withdraw. 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 #21 is GRANTED. Samuel G. Gonzalez is relieved of all further responsibilities related to this action. The Clerk of Court is INSTRUCTED to REMOVE Samuel G. Gonzalez as counsel of record for Plaintiff. Signed by Judge K. Michael Moore on 4/1/2026. (ss02)
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| Filing 23 Clerk's Notice to Filer re #21 Notice. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (cqs) |
| Filing 22 NOTICE of Settlement Joint Notice of Settlement by Olga Baboun, Patrick Baboun, Delices De France Inc (Morel, Miguel) |
| Filing 21 Motion to Withdraw, NOTICE OF DISSOCIATION OF SAMUEL G. GONZALEZ, ESQ. AS COUNSEL FOR PLAINTIFF by Ernesto Dominguez (Gonzalez, Samuel)Event Modified on 4/1/2026 (cqs). |
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Filing 20
PAPERLESS ORDER. The undersigned Magistrate Judge has been notified that she must report to jury duty in state court on March 31, 2026. As a result, the Court must cancel the Settlement Conference in this matter, which is also set on March 31, 2026. No later than April 1, 2026, the Parties shall file a Notice of Availability in which they propose three new alternative dates on which all parties are available to reschedule the Settlement Conference. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/27/2026. (MFE)
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| Filing 19 CLAIM, RESPONSE to #11 Statement (FLSA Statement of Claim) by Olga Baboun, Patrick Baboun, Delices De France Inc. (Morel, Miguel) |
| Filing 18 Defendants' ANSWER and Affirmative Defenses to Complaint by Olga Baboun, Patrick Baboun, Delices De France Inc. (Morel, Miguel) |
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Filing 17
ORDER SCHEDULING SETTLEMENT CONFERENCE: Settlement Conference set for 3/31/2026 01:30 PM in Miami Division before Magistrate Judge Marty Fulgueira Elfenbein. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/18/2026. See attached document for full details. (wce)
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| Filing 16 Plaintiff's NOTICE OF AGREED SETTLEMENT CONFERENCE DATES by Ernesto Dominguez re 6 Order,,,, (Gonzalez, Samuel) |
| Filing 15 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Olga Baboun, Patrick Baboun, Delices De France Inc (Morel, Miguel) |
| Filing 14 NOTICE of Attorney Appearance by Miguel Angel Morel on behalf of Olga Baboun, Patrick Baboun, Delices De France Inc. Attorney Miguel Angel Morel added to party Olga Baboun(pty:dft), Attorney Miguel Angel Morel added to party Patrick Baboun(pty:dft), Attorney Miguel Angel Morel added to party Delices De France Inc(pty:dft). (Morel, Miguel) |
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Filing 13
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. #12 . Therein, Defendants seek an extension to March 25, 2026, to respond to the Complaint (ECF No. 1) as defense counsel "requires additional time to review the file, prepare a response to Plaintiff's Complaint, and obtain approval from the client" due to "the press of other matters and other prescheduled commitments." (ECF No. 12) at 1. Plaintiff does not oppose the requested relief. Id. at 2. 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. Defendants shall respond to the Complaint (ECF No. 1) on or before March 25, 2026. Signed by Judge K. Michael Moore on 3/12/2026. (ss02)
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| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Olga Baboun, Patrick Baboun, Delices De France Inc. Attorney Arielle Leah Astra added to party Olga Baboun(pty:dft), Attorney Arielle Leah Astra added to party Patrick Baboun(pty:dft), Attorney Arielle Leah Astra added to party Delices De France Inc(pty:dft). Responses due by 3/25/2026. (Attachments: #1 Text of Proposed Order)(Astra, Arielle) |
| Filing 11 Statement of: Claim by Ernesto Dominguez re 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,,,,,,,, (Gonzalez, Samuel) |
| 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 Ernesto Dominguez. Olga Baboun served on 2/26/2026, response/answer due 3/19/2026. (Attachments: #1 Exhibit Return of Service)(Gonzalez, Samuel) |
| 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 Ernesto Dominguez. Patrick Baboun served on 2/18/2026, response/answer due 3/11/2026. (Attachments: #1 Exhibit Return of Service)(Gonzalez, Samuel) |
| 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 Ernesto Dominguez. Delices De France Inc served on 2/18/2026, response/answer due 3/11/2026. (Attachments: #1 Exhibit Return of Service)(Gonzalez, Samuel) |
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Filing 7
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 2/17/2026. See attached document for full details. (wce)
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Filing 6
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 2/13/2026. (MFE)
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Filing 5
PAPERLESS ORDER 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. This Order does not affect this Court's previous referral to Magistrate Judge Elfenbein for a settlement conference. Signed by Judge K. Michael Moore on 2/12/2026. (ss02)
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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 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 Marty Fulgueira 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 2/12/2026. (ss02)
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| Filing 3 Summons Issued as to Olga Baboun, Patrick Baboun, and Delices De France Inc. (wce) |
| 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. (wce) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-19210773, filed by Ernesto Dominguez. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Delices De France Inc., #3 Summon(s) Patrick Baboun, #4 Summon(s) Olga Baboun)(Gonzalez, Samuel) |
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