Vera Palomino v. Aviation Management Sales, LLC et al
| Rolando E. Vera Palomino |
| Brian Hinkle, Aviation Management Sales, LLC, Mildred Garay and Aviation Management & Repairs, Inc. |
| 2:2020cv14227 |
| July 6, 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
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This docket was last retrieved on August 31, 2020. A more recent docket listing may be available from PACER.
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Filing 23
PAPERLESS NOTICE OF COURT PRACTICE UPON NOTICE OF SETTLEMENT. THIS CAUSE came before the Court upon the Minute Entry for the Settlement Conference, which indicates that the Parties have resolved this matter. 21 , 22 . The Parties are hereby directed to file a copy of the settlement agreement with the Court no later than five (5) 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 the 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 Chief Judge K. Michael Moore on 8/31/2020. (mgh)
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| Filing 22 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Shaniek M. Maynard: Settlement Conference held on 8/31/2020. Total time in court: 3 hour(s) : 00 minutes. Attorney Appearance(s): Andre Alexander Gibson, Todd William Shulby, Other appearances: Pokuaa Enin, Law Clerk. (No audio recording) (cga) |
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Filing 21
PAPERLESS ORDER. On August 31, 2020, the undersigned conducted a settlement conference. I congratulate the Parties on reaching an amicable resolution of this case. Pursuant to the District Court's Order at DE 6, the Parties shall file their settlement agreement for approval within five days. Accordingly, the Parties are directed to file the settlement agreement on or before Tuesday, September 8, 2020. Signed by Magistrate Judge Shaniek M. Maynard on 8/31/2020. (pen)
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| Filing 20 Defendant's MOTION TO DISMISS #18 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Aviation Management Sales, LLC, Mildred Garay, Brian Hinkle. Responses due by 9/2/2020 (Attachments: #1 Exhibit Composite Exhibit A, #2 Exhibit Composite Exhibit B, #3 Affidavit Declaration of Andre Burton, CPA, #4 Affidavit Declaration of Brian Hinkle)(Gibson, Andre) |
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Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's filing of an Amended Complaint. #18 . The Amended Complaint moots Defendant's Motion to Dismiss. #13 . Accordingly, UPON CONSIDERATION of the Amended Complaint #18 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Defendants Motion to Dismiss #13 is DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 8/19/2020. (mgh)
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| Filing 18 Plaintiff's AMENDED COMPLAINT against Aviation Management Sales, LLC, Mildred Garay, Brian Hinkle, Aviation Management & Repairs, Inc., filed by Rolando E. Vera Palomino. (Attachments: #1 Summon(s))(Shulby, Todd) |
| Set/Reset Deadlines/Hearings as to #13 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM . Responses due by 8/20/2020 per DE 17 (cbr) |
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss. #15 . 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 #15 is GRANTED. Plaintiff shall respond to Defendant's Motion to Dismiss on or before August 20, 2020. Signed by Chief Judge K. Michael Moore on 8/17/2020. (mgh)
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| Filing 16 Defendant's RESPONSE to #11 Statement, 6 Pretrial Order,,,,,,,,,,,,,,,,,,,,, by Aviation Management Sales, LLC, Mildred Garay, Brian Hinkle. (Gibson, Andre) |
| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #13 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Rolando E. Vera Palomino. (Shulby, Todd) |
| Filing 14 Corporate Disclosure Statement by Aviation Management Sales, LLC, Mildred Garay, Brian Hinkle identifying Corporate Parent Aviation Management & Repairs, Inc. for Aviation Management Sales, LLC (Gibson, Andre) |
| Filing 13 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Aviation Management Sales, LLC, Mildred Garay, Brian Hinkle. Attorney Andre Alexander Gibson added to party Aviation Management Sales, LLC(pty:dft), Attorney Andre Alexander Gibson added to party Mildred Garay(pty:dft), Attorney Andre Alexander Gibson added to party Brian Hinkle(pty:dft). Responses due by 8/13/2020 (Attachments: #1 Exhibit Composite Exhibit A, #2 Affidavit Declaration of Andre Burton CPA, #3 Affidavit Declaration of Brian Hinkle)(Gibson, Andre) |
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Filing 12
STANDING ORDER SETTING SETTLEMENT CONFERENCE. Settlement Conference set for 8/31/2020 at 02:00 PM before Magistrate Judge Shaniek M. Maynard. the parties shall submit their Memoranda toChambers via email by NOON, Friday, August 28, 2020. Signed by Magistrate Judge Shaniek M. Maynard on 7/29/2020. See attached document for full details. Text Modified on 7/29/2020 (mee).
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| Filing 11 Statement of: the Claim by Rolando E. Vera Palomino (Shulby, Todd) |
| Filing 10 Notice of Pending, Refiled, Related or Similar Actions by Rolando E. Vera Palomino (Shulby, Todd) |
| Filing 9 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Rolando E. Vera Palomino (Shulby, Todd) |
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Filing 8
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Shaniek M. Maynard on 7/13/2020. See attached document for full details. (mee)
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Filing 7
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 7/8/2020. (mgh)
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Filing 6
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 7/8/2020. (mgh)
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| Filing 5 Summons Issued as to Mildred Garay. (mee) |
| Filing 4 Summons Issued as to Brian Hinkle. (mee) |
| Filing 3 Summons Issued as to Aviation Management Sales, LLC. (mee) |
| 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. (mee) |
| Filing 1 COMPLAINT against Aviation Management Sales, LLC, Mildred Garay, Brian Hinkle. Filing fees $ 400.00 receipt number AFLSDC-13134590, filed by Rolando E. Vera Palomino. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Shulby, Todd) |
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