MELLETTE v. DIVERSIFIED WELDING, INC.
Plaintiff: RODNEY A MELLETTE
Defendant: DIVERSIFIED WELDING, INC.
Case Number: 2:2019cv14285
Filed: August 13, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Shaniek M Maynard
Referring Judge: K Michael Moore
Nature of Suit: Labor: Fair Standards
Cause of Action: 29:0201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 7, 2019 Filing 20 NOTICE of Attorney Appearance by Cathleen Ann Scott on behalf of DIVERSIFIED WELDING, INC.. Attorney Cathleen Ann Scott added to party DIVERSIFIED WELDING, INC.(pty:dft). (Scott, Cathleen)
October 7, 2019 Filing 19 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by RODNEY A MELLETTE. DIVERSIFIED WELDING, INC. served on 9/26/2019, answer due 10/17/2019. (Coke, Elizabeth)
October 1, 2019 Filing 18 Statement of: Claims by RODNEY A MELLETTE re 9 Pretrial Order,,,,,,,,,,,,,,,,,,,,, (Coke, Elizabeth)
September 12, 2019 Filing 17 Summons Issued as to DIVERSIFIED WELDING, INC. (pes)
September 12, 2019 Filing 16 NOTICE of Filing Proposed Summons(es) Corrected by RODNEY A MELLETTE re 15 Clerks Notice to Filer re: Electronic Case, Summons(es), #1 Complaint filed by RODNEY A MELLETTE (Coke, Elizabeth)
September 12, 2019 Filing 15 Clerks Notice to Filer re: Summons cannot be issued. The party on the summons does not match the initiating documents. (pes)
September 12, 2019 Opinion or Order Filing 14 Order setting Settlement Conference for THURSDAY 10/31/2019 at 1:30 PM in Fort Pierce Division before Magistrate Judge Shaniek M. Maynard. The parties shall file their respective Memoranda by NOON, TUESDAY, OCTOBER 29, 2019. Signed by Magistrate Judge Shaniek M. Maynard on 9/12/2019. See attached document for full details. (ip00)
September 11, 2019 Opinion or Order Filing 13 ORDER REQUIRING JOINT FILING REGARDING REMITTAL WAIVER Signed by Magistrate Judge Shaniek M. Maynard on 9/11/2019. See attached document for full details. (jao)
September 11, 2019 Opinion or Order Filing 12 ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Shaniek M. Maynard on 9/11/2019. See attached document for full details. (jao)
September 11, 2019 Filing 11 NOTICE of Filing Proposed Summons(es) by RODNEY A MELLETTE re #1 Complaint filed by RODNEY A MELLETTE (Coke, Elizabeth)
September 11, 2019 Opinion or Order Filing 10 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE SHANIEK MAYNARD. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Shaniek Maynard 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 Maynard's discovery procedures. Signed by Chief Judge K. Michael Moore on 9/11/2019. (eso)
September 11, 2019 Opinion or Order Filing 9 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 attorneys 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 Rules of the Southern District of Florida, the Parties shall conduct a Settlement Conference before Magistrate Judge Shaniek M. Maynard 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 Shaniek M. Maynard 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 Maynard. Absent an extension from Magistrate Judge Maynard, 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. 7. 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 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. 8. Non-compliance with Order. 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 Chief Judge K. Michael Moore on 9/11/2019. (eso)
September 11, 2019 Opinion or Order Filing 8 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice of Full Compliance #7 and receipt of Plaintiff's filing fee #6 . On August 28, 2019, this Court entered an Order denying Plaintiff's Motion to Proceed In Forma Pauperis, closing the case, and instructing Plaintiff to pay the filing fee in full. #5 . The Court stated that it would re-open the case upon Plaintiff paying the filing fee in full. Id. at 4. Plaintiff has now complied with this Court's Order by paying the filing fee. #6 . Accordingly, UPON CONSIDERATION of the Notice #7 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Clerk of the Court shall REOPEN this case. Signed by Chief Judge K. Michael Moore on 9/11/2019. (eso)
September 10, 2019 Filing 7 NOTICE of Compliance by RODNEY A MELLETTE re #5 Order Dismissing Case (Coke, Elizabeth)
September 10, 2019 Filing 6 Clerks Notice of Receipt of Filing Fee received on 9/9/2019 in the amount of $ 400.00, receipt number FLS2-2394. (cga)
August 28, 2019 Opinion or Order Filing 5 ORDER DISMISSING CASE; denying #3 Motion for Leave to Proceed in forma pauperis. Closing Case. Signed by Chief Judge K. Michael Moore on 8/28/2019. See attached document for full details. (eso)
August 13, 2019 Filing 4 Clerks Notice to Filer re: Summons(es) cannot be issued. The motion to proceed in forma pauperis is pending (jao)
August 13, 2019 Filing 3 MOTION for Leave to Proceed in forma pauperis by RODNEY A MELLETTE. (jao)
August 13, 2019 Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (jao)
August 13, 2019 Filing 1 COMPLAINT against DIVERSIFIED WELDING, INC.. Filing fees $ 400.00. IFP Filed, filed by RODNEY A MELLETTE. (Attachments: #1 Civil Cover Sheet, #2 APPLICATION TO PROCEED WITHOUT PREPAYING, #3 Summon(s))(Coke, Elizabeth)

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Plaintiff: RODNEY A MELLETTE
Represented By: Elizabeth Coke
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Defendant: DIVERSIFIED WELDING, INC.
Represented By: Cathleen Ann Scott
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