SANDERS v. GEA Pizza - SLW Blvd., Inc.
| AMANDA SANDERS |
| GEA PIZZA - SLW BLVD., INC. a Florida Corporation doing business as Rosati's Pizza and John Mache |
| 2:2020cv14412 |
| November 20, 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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Filing 17
PAPERLESS ORDER. In light of the parties' representations that they have reached a settlement in this matter (DE 16), it is ORDERED that the Settlement Conference currently set for January 19, 2021, is VACATED. Signed by Magistrate Judge Shaniek M. Maynard on 1/15/2021. (ggr)
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| Filing 16 NOTICE of Settlement by Amanda Sanders (Norell, Robert) |
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Filing 15
Standing Order Setting Settlement Conference, ( Settlement Conference set for 1/19/2021 02:00 PM in Fort Pierce Division before Magistrate Judge Shaniek M. Maynard.) Signed by Magistrate Judge Shaniek M. Maynard on 1/4/2021. See attached document for full details. (kpe)
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| Filing 14 Certificate of Other Affiliates/Corporate Disclosure Statement by GEA Pizza - SLW Blvd., Inc., John Mache (Shulby, Todd) |
| Filing 13 Notice of NO Pending, Refiled, Related or Similar Actions by GEA Pizza - SLW Blvd., Inc., John Mache (Shulby, Todd) |
| Filing 12 NOTICE of Attorney Appearance by Todd William Shulby on behalf of GEA Pizza - SLW Blvd., Inc., John Mache. Attorney Todd William Shulby added to party GEA Pizza - SLW Blvd., Inc.(pty:dft), Attorney Todd William Shulby added to party John Mache(pty:dft). (Shulby, Todd) |
| Filing 11 WAIVER OF SERVICE Returned Executed by John Mache, GEA Pizza - SLW Blvd., Inc.. John Mache waiver sent on 12/22/2020, answer due 2/22/2021; GEA Pizza - SLW Blvd., Inc. waiver sent on 12/22/2020, answer due 2/22/2021. (Shulby, Todd) |
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Filing 10
PAPERLESS ORDER: This matter is before the undersigned magistrate judge pursuant to DE 4 . The parties shall jointly contact my chambers by email at Maynard@flsd.uscourts.gov by Wednesday, December 30, 2020, with three (3) proposed, mutually agreed-upon dates for a settlement conference between 1/4/2021 and 1/22/2021. The dates must be days when all counsel and parties are available for at least a three-hour window in the afternoon to participate in a settlement conference via Zoom videoconferencing platform. Signed by Magistrate Judge Shaniek M. Maynard on 12/21/2020. (ggr)
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| Filing 9 Statement of: Claim by Amanda Sanders re 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,, (Norell, Robert) |
| Filing 8 Summons Issued as to John Mache. (nc) |
| Filing 7 First AMENDED COMPLAINT against All Defendants, filed by Amanda Sanders. (Attachments: #1 Summon(s))(Norell, Robert) |
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Filing 6
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Shaniek M. Maynard on 11/25/2020. See attached document for full details. (jas)
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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 11/24/2020. (hwr)
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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 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 11/24/2020. (hwr)
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| Filing 3 Summons Issued as to GEA PIZZA - SLW BLVD., INC.. (yha) |
| Filing 2 Judge Assignment to Chief Judge K. Michael Moore and Magistrate Judge Shaniek M. Maynard (yha) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13903923, filed by AMANDA SANDERS. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Norell, Robert) |
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