Arias v. The Quikrete Companies, LLC
| Leonardo Arias |
| The Quikrete Companies, LLC |
| 1:2026cv21620 |
| March 12, 2026 |
| U.S. District Court for the Southern District of Florida |
| Enjolique A Lett |
| Kathleen M Williams |
| Labor: Fair Standards |
| 28 U.S.C. § 1442 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on May 7, 2026. A more recent docket listing may be available from PACER.
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Filing 28
ORDER SCHEDULING SETTLEMENT CONFERENCE Settlement Conference set for 5/19/2026 01:00 PM in Miami Division before Magistrate Judge Enjolique A. Lett. Signed by Magistrate Judge Enjolique A. Lett on 5/7/2026. See attached document for full details. (pc)
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| Filing 27 RESPONSE TO ORDER TO SHOW CAUSE re 24 Order to Show Cause,,,,, by The Quikrete Companies, LLC. (Penichet, Paul) |
| Filing 26 STATUS REPORT Joint Report Regarding Settlement Conference by Leonardo Arias (Remer, Jason) |
| Filing 25 RESPONSE TO ORDER TO SHOW CAUSE re 24 Order to Show Cause,,,,, by Leonardo Arias. (Remer, Jason) |
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Filing 24
PAPERLESS ORDER TO SHOW CAUSE. THIS MATTER is before the Court sua sponte. On March 12, 2026, the Court issued an Order of Referral and Notice of Court Practices and Procedures in FLSA Removal Cases (DE #3 ), requiring that "WITHIN FIVE (5) DAYS after the date that Defendant's Response to Plaintiff's Statement of Claim is due, Plaintiff's counsel must confer with Defendant's counsel and contact the assigned Magistrate Judge's Chambers to schedule a date for the Settlement Conference." The Order further provides that the Parties "shall file a joint status report WITHIN THREE (3) DAYS after contacting the assigned Magistrate Judge's Chambers." Defendant filed its response to Plaintiff's statement of claim on April 20, 2026. (DE #23 ). To date, the Parties have failed to file their joint status report certifying that they have conferred and have contacted Judge Lett's Chambers to schedule their settlement conference. Accordingly, it is ORDERED AND ADJUDGED that the Parties shall SHOW CAUSE by May 6, 2026, at 5:00 p.m. as to why sanctions, including dismissal, should not be imposed for the Parties' repeated failure to follow Court Orders and Procedures. (DE 8; DE 16; DE 17; DE 19). Signed by Judge Kathleen M. Williams on 5/4/2026. (ah06)
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| Filing 23 Defendant's RESPONSE to #10 Statement Plaintiff's Statement of Claim by The Quikrete Companies, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Awoleke, David) |
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Filing 22
SCHEDULING ORDER: Jury Trial set for 4/5/2027 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 3/30/2027 11:00 AM before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 4/17/2026. See attached document for full details. (pc) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 21 Joint NOTICE Joint Scheduling Report by Leonardo Arias re 17 Order to Show Cause,,, (Attachments: #1 Exhibit Proposed Dates) (Remer, Jason) |
| Filing 20 NOTICE of Compliance To Show Cause by Leonardo Arias re 17 Order to Show Cause,,, (Remer, Jason) |
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Filing 19
PAPERLESS ORDER STRIKING #18 Notice of Agreed Upon Dates for failure to adhere to the Court's Practices and Procedures (DE #3 ) regarding the scheduling of the settlement conference. Signed by Judge Kathleen M. Williams on 4/15/2026. (ah06)
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| Filing 18 (STRICKEN) Plaintiff's NOTICE of Proposed Dates by Leonardo Arias (Remer, Jason) Modified per DE 19 on 4/15/2026 (pc). |
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Filing 17
PAPERLESS ORDER TO SHOW CAUSE. THIS MATTER is before the Court sua sponte. On March 19, 2026, the Court issued an 6 order requiring the Parties to file a joint conference report and joint proposed scheduling order by April 9, 2026. To date, the Parties have failed to file a joint conference report, joint proposed scheduling order, or a motion for extension of time to do so. Accordingly, it is ORDERED that the Parties shall SHOW CAUSE by April 15, 2026 why this case should not be dismissed for failure to comply with a Court Order. See (DE #3 ) (providing that noncompliance with the Court's procedures may result in sanctions, including dismissal). Signed by Magistrate Judge Enjolique A. Lett on 4/13/2026. (EAL)
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Filing 16
PAPERLESS ORDER. THIS MATTER is before the Court on Defendant The Quikrete Companies, LLC's Unopposed Motion for Extension of Time to Respond to Plaintiff's Statement of Claim (DE #15 ) ("Motion"). As the Motion was filed on the day of the deadline, the Motion fails to comply with the Court's Practices and Procedures, which state that "[a]bsent an emergency, requests for extensions of time must be presented to the Court, by motion, no later than 48 hours prior to the deadline from which the Parties are seeking relief. Sanctions may be imposed for non-emergent requests made less than 48 hours prior to the deadline." "A motion for extension of time is not self-executing; no motion is[.] Compere v. Nusret Miami, LLC, No. 19-cv-20277, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020). "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." Id. Nonetheless, upon review of the Motion and for good cause shown, it is ORDERED AND ADJUDGED that the Motion (DE #15 ) is GRANTED. Defendant shall respond to Plaintiff's Statement of Claim (DE #10 ) on or before April 20, 2026. Signed by Judge Kathleen M. Williams on 4/9/2026. (ah06)
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| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #10 Statement of Claim by The Quikrete Companies, LLC. Responses due by 4/23/2026. (Attachments: #1 Text of Proposed Order)(Penichet, Paul) |
| Filing 14 NOTICE/STIPULATION of Substitution of Counsel by Paul Fernandez Penichet on behalf of The Quikrete Companies, LLC instead of prior counsel of record Kathleen C. Shea. (Penichet, Paul) |
| Filing 13 Corporate Disclosure Statement by The Quikrete Companies, LLC identifying Corporate Parent Quikrete Holdings, Inc. for The Quikrete Companies, LLC (Penichet, Paul) |
| Filing 12 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by The Quikrete Companies, LLC. (Penichet, Paul) |
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Filing 11
PAPERLESS ORDER denying as moot #9 Motion for Extension of Time per DE #10 . Signed by Judge Kathleen M. Williams on 3/25/2026. (ah06)
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| Filing 10 Statement of: Claim by Leonardo Arias (Remer, Jason) |
| Filing 9 Plaintiff's MOTION for Extension of Time File Statement of Claim and Response to Show Cause re 8 Order to Show Cause,,, by Leonardo Arias. Responses due by 4/8/2026. (Remer, Jason) |
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Filing 8
PAPERLESS ORDER TO SHOW CAUSE. THIS MATTER is before the Court sua sponte. On March 12, 2026, the Court issued an Order of Referral and Notice of Court Practices and Procedures (DE #3 ) stating that "[p]laintiff shall file a short Statement of Claim" and that such "information shall be filed with the Court WITHIN TEN (10) DAYS from the date of this order." To date, Plaintiff has not filed a Statement of Claim or a motion for extension of time to do so. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE by March 26, 2026, at 5:00 p.m. as to why sanctions should not be imposed for Plaintiff's failure to comply with the Court's Order. Signed by Judge Kathleen M. Williams on 3/24/2026. (ah06)
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| Filing 7 STATUS REPORT (Removal) by The Quikrete Companies, LLC (Shea, Kathleen) |
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Filing 6
Paperless Order granting Motion for Extension of Time [ECF No. 5]. This CAUSE is before the Court on Defendant's Unopposed Motion for Enlargement of Time to File Answer and Joint Status Report ("Motion") [ECF No. 5]. The instant motion is unopposed and shows good cause. Accordingly, it is ORDERED AND ADJUDGED that the Motion [ECF No. 5] is GRANTED and Defendant shall have through and including March 30, 2026 for to respond to Plaintiff's Complaint, and the parties shall have up to and including, April 9, 2026, to file a Joint Conference Report and Joint Proposed Scheduling Order. Signed by Magistrate Judge Enjolique A. Lett on 3/19/2026. (gt00)
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| Filing 5 Unopposed MOTION for Extension of Time to File Answer and Joint Status Report re #1 Notice of Removal (State Court Complaint), #3 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, by The Quikrete Companies, LLC. Responses due by 4/1/2026. (Shea, Kathleen) |
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Filing 4
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Enjolique A. Lett on 3/13/2026. See attached document for full details. (pc)
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Filing 3
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES AND PROCEDURES IN FLSA REMOVAL CASES. Referring Case to Magistrate Judge Enjolique A. Lett for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 3/12/2026. See attached document for full details. (pc)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Enjolique A. Lett 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 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number AFLSDC-19305797, filed by The Quikrete Companies, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court File)(Penichet, Paul) (Complaint see pg.5 of Exhibit, no Answer/Motion to Dismiss filed) Modified text on 3/12/2026 (pc). |
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| Plaintiff: Leonardo Arias | |
| Represented By: | Jason Saul Remer |
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| Defendant: The Quikrete Companies, LLC | |
| Represented By: | Paul Fernandez Penichet |
| Represented By: | Kathleen Colgan Shea |
| Represented By: | David Joshua Awoleke |
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