KISER et al v. OGFBC LLC et al
| CARL LEE LAWSON and LAURA LYNN KISER |
| OGFBC LLC, CHEFRIEND UNITED, INC. and OLIVIA BINN-OSTROW |
| 2:2020cv14070 |
| March 4, 2020 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| K Michael Moore |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 20, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' filing of an Amended Complaint. #15 . The Amended Complaint moots Defendants' Motion to Dismiss and Motion for Sanctions and Memorandum of Law #13 . Accordingly, UPON CONSIDERATION of the Amended Complaint #15 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Defendants' Motion to Dismiss and Motion for Sanctions and Memorandum of Law #13 is DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 4/20/2020. (tsr)
|
|
Filing 16
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Notice of Voluntary Dismissal Without Prejudice Against Defendant, Chefriend United, Inc. #14 . Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim prior to a defendant's filing of an answer or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1). In this case, neither an answer nor motion for summary judgment has been filed by Defendant Chefriend United, Inc. Accordingly, UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITHOUT PREJUDICE as to Defendant Chefriend United, Inc. The Clerk of the Court is instructed to TERMINATE Defendant Chefriend United, Inc. as a party to this case. Signed by Chief Judge K. Michael Moore on 4/20/2020. (tsr)
|
| Filing 15 First AMENDED COMPLAINT against OLIVIA BINN-OSTROW, OGFBC LLC, filed by LAURA LYNN KISER, CARL LEE LAWSON.(Pollock, Brian) |
| Filing 14 NOTICE of Voluntary Dismissal OF CHEFRIEND UNITED, INC., ONLY by LAURA LYNN KISER, CARL LEE LAWSON (Pollock, Brian) |
| Filing 13 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM ( Responses due by 4/20/2020), Motion to Dismiss Case as Frivolous #1 Complaint, ( Responses due by 4/20/2020), MOTION for Sanctions by OGFBC LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Ostrow, John) |
|
Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for Extension of Time to Respond to the Complaint and Other Court Deadlines. #11 . Therein, Defendants request that the Court extend the deadline for Defendants to file an answer or otherwise respond to Plaintiffs' Complaint #1 and "other Court deadlines" by two weeks. Id. A court may extend the deadline to answer or otherwise respond to a complaint if the moving party shows good cause. See Fed. R. Civ. P. 6(b). Here, Defendants argue that they have been "unavoidably hindered from filing a response" by the COVID-19 spread. #11 . The deadline for Defendant CHEFUNITED, LLC to answer or otherwise respond to Plaintiffs' Complaint was April 1, 2020, while the deadline to answer or otherwise respond for Defendants OBGFC, LLC and Olivia Binn-Ostrow is April 6, 2020. Id. Without more, Defendants have not shown good cause. However, to allow Defendant CHEFUNITED, LLC to answer or otherwise respond to the Complaint #1 , the Court will grant a brief extension. 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 #11 is GRANTED in part and DENIED in part. Defendant CHEFUNITED, LLC shall file an answer or otherwise respond to Plaintiffs' Complaint #1 on or before April 6, 2020. All other deadlines remain unaffected by this Order. Signed by Chief Judge K. Michael Moore on 4/2/2020. (tsr)
|
| Filing 11 Defendant's MOTION for Extension of Time to Respond to the Complaint and Other Court Deadlines re #1 Complaint, by OLIVIA BINN-OSTROW, CHEFRIEND UNITED, INC., OGFBC LLC. Attorney John Bruce Ostrow added to party OLIVIA BINN-OSTROW(pty:dft), Attorney John Bruce Ostrow added to party CHEFRIEND UNITED, INC.(pty:dft), Attorney John Bruce Ostrow added to party OGFBC LLC(pty:dft). Responses due by 4/15/2020 (Ostrow, John) |
| 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 LAURA LYNN KISER, CARL LEE LAWSON. OLIVIA BINN-OSTROW served on 3/16/2020, answer due 4/6/2020. (Attachments: #1 Affidavit of Service on Olivia Binn-Ostrow)(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 LAURA LYNN KISER, CARL LEE LAWSON. CHEFRIEND UNITED, INC. served on 3/11/2020, answer due 4/1/2020. (Attachments: #1 Affidavit of Service on Chefriend United, Inc)(Pollock, Brian) |
|
Filing 8
ORDER REQUIRING JOINT FILING REGARDING REMITTAL WAIVER. Signed by Magistrate Judge Shaniek M. Maynard on 3/6/2020. See attached document for full details. (ar2)
|
|
Filing 7
STANDING ORDER SETTING SETTLEMENT CONFERENCE. Settlement Conference set for 5/12/2020 2:30 PM in Fort Pierce Division before Magistrate Judge Shaniek M. Maynard. Signed by Magistrate Judge Shaniek M. Maynard on 3/6/2020. See attached document for full details. (ar2)
|
|
Filing 6
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Shaniek M. Maynard on 3/6/2020. See attached document for full details. (ar2)
|
|
Filing 5
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 3/6/2020. (mh01)
|
|
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 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 Circuits 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 3/6/2020. (mh01)
|
| Filing 3 Summons Issued as to OLIVIA BINN-OSTROW, CHEFRIEND UNITED, INC., OGFBC LLC. (drz) |
| 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. (drz) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-12553728, filed by LAURA LYNN KISER, CARL LEE LAWSON. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) OGFBC, #3 Summon(s) CHEFRIEND, #4 Summon(s) BINN-OSTROW)(Pollock, Brian) (Main Document 1 replaced on 3/5/2020) (drz). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
