Griben v. Vaughn et al
| Griben and Wendy A. Griben |
| Vaughn, Robert R. Vaughn, Marlin Fuel and Transport, Inc. and Marlin Food Stores, Inc |
| 4:2017cv10005 |
| January 9, 2017 |
| US District Court for the Southern District of Florida |
| Key West Office |
| Monroe (Office: Key West) |
| Jose E Martinez |
| Alicia M Otazo-Reyes |
| Labor: Fair Standards |
| 15 U.S.C. § 0002 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 16, 2018. A more recent docket listing may be available from PACER.
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Filing 42
PAPERLESS ORDER striking #41 Plaintiff's Answer to Court Order DE 23 Dated November 15, 2018, docketed with this Court as a Motion for Clarification. While the caption of Plaintiff's Motion is styled case number 17-10095, it appears the Motion was filed in the wrong case (17-cv-10005). Indeed, a review of the record in this action reflects that this Court did not issue an order on November 15, 2018. In fact, the last Order issued by this Court in this action was on May 15, 2018. As such, Plaintiff's Motion for Clarification is hereby stricken to be refiled in the correct case. Signed by Judge Jose E. Martinez on 11/16/2018. (ean)
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| Filing 41 MOTION for clarification by Wendy A. Griben. Responses due by 11/30/2018 (Campbell, John) |
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Filing 40
ORDER APPROVING SETTLEMENT AGREEMENT AND DISMISSING CASE WITH PREJUDICE. This case is CLOSED, and all pending motions are DENIED AS MOOT. Signed by Judge Jose E. Martinez on 5/15/2018. (kpe)
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Filing 39
PAPERLESS ORDER REQUIRING SUBMISSION OF SETTLEMENT AGREEMENT FOR COURT APPROVAL. On May 14, 2018, the parties submitted a Joint Stipulation for Dismissal #38 after reaching a settlement in this action. However, this matter is a private FLSA action. Prior to the Court entering a final dismissal order, the undersigned must review and approve the executed written settlement agreement, scrutinize the settlement for fairness, and determine that the settlement is a "fair and reasonable resolution of a bona fide dispute over FLSA provisions." Lynn Food Stores v. United States, 679 F.2d 1350, 1352-53 (11th Cir. 1982). Accordingly, by no later than May 16, 2018, the parties shall either file a copy of the executed settlement agreement or email a copy of the executed settlement agreement to the Court at martinez@flsd.uscourts.gov for an in camera review. The settlement agreement must specify the portion of the settlement agreement designated for wages, liquidated damages, and attorney's fees and costs. Signed by Judge Jose E. Martinez on 5/14/2018. (ean)
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| Filing 38 STIPULATION of Dismissal JOINT by Wendy A. Griben (Attachments: #1 Exhibit PROPOSED ORDER)(Torres, Jose) |
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Filing 37
ORDER ON REPORT OF MEDIATION AND DENYING ALL PENDING MOTIONS AS MOOT. Closing Case. Signed by Judge Jose E. Martinez on 5/10/2018. (pes) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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| Filing 36 FINAL MEDIATION REPORT by Karen Evans. Disposition: Settled in full.(Evans, Karen) |
| Filing 35 NOTICE of Attorney Appearance by Rebecca Rae Anguiano on behalf of Marlin Food Stores, Inc, Marlin Fuel and Transport, Inc., Robert R. Vaughn. Attorney Rebecca Rae Anguiano added to party Marlin Food Stores, Inc(pty:dft), Attorney Rebecca Rae Anguiano added to party Marlin Fuel and Transport, Inc.(pty:dft), Attorney Rebecca Rae Anguiano added to party Robert R. Vaughn(pty:dft). (Anguiano, Rebecca) |
| Filing 33 Clerks Notice to Filer re #32 Notice (Other). Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (pes) |
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Filing 34
ORDER Scheduling Mediation before Karen Evans. Mediation Hearing set for 5/9/2018 10:00 AM. Signed by Judge Jose E. Martinez on 4/30/2018. (pes)
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| Filing 32 NOTICE of Filing Proposed Order Scheduling Mediation by Karen Evans . (Attachments: #1 Text of Proposed Order Proposed Order) (Evans, Karen) Modified text on 5/1/2018 (pes). |
| Filing 31 RESPONSE to #22 Statement of Claim by Marlin Food Stores, Inc, Marlin Fuel and Transport, Inc., Robert R. Vaughn. (Adelson, Lori) |
| Filing 30 Defendants ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Marlin Food Stores, Inc, Marlin Fuel and Transport, Inc., Robert R. Vaughn. (Adelson, Lori) |
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Filing 29
SCHEDULING ORDER: ( Trial set for 2/4/2019 at 9:30 AM in Miami Division before Judge Jose E. Martinez., Calendar Call set for 1/31/2019 at 1:30 PM in Miami Division before Judge Jose E. Martinez., Amended Pleadings due by 6/11/2018., Discovery due by 9/27/2018., Expert Discovery due by 9/27/2018., Joinder of Parties due by 6/11/2018., Mediation Deadline 12/6/2018., Motions due by 12/21/2018., Pretrial Stipulation due by 1/15/2019.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 12/6/2018.), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Jose E. Martinez on 4/11/2018. (pes) #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 28 Certificate of Interested Parties/Corporate Disclosure Statement by Marlin Food Stores, Inc, Marlin Fuel and Transport, Inc., Robert R. Vaughn (Adelson, Lori) |
| Filing 27 Agreed SCHEDULING REPORT - Rule 16.1 by Wendy A. Griben (Attachments: #1 Exhibit, #2 Exhibit)(Campbell, John) |
| Filing 26 Certificate of Interested Parties by Wendy A. Griben (Campbell, John) |
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Filing 25
PAPERLESS ORDER granting #24 Defendants' Unopposed Motion for Extension of Time to File a Response to Plaintiff's Amended Complaint and Plaintiff's Statement of Claim. Defendants shall respond to Plaintiff's Amended Complaint and Plaintiff's Statement of Claim on or before April 20, 2018. This order shall affect no other deadlines in this action. Signed by Judge Jose E. Martinez on 4/6/2018. (ean)
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| Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #22 Statement, #21 Amended Complaint by Marlin Food Stores, Inc, Marlin Fuel and Transport, Inc., Robert R. Vaughn. (Adelson, Lori) |
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Filing 23
PAPERLESS ORDER denying as moot #18 Motion to Dismiss for Failure to State a Claim. An Amended Complaint has been filed. ECF No. 21. Signed by Judge Jose E. Martinez on 3/30/2018. (ean)
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| Filing 22 Statement of: of Claim by Wendy A. Griben (Campbell, John) |
| Filing 21 AMENDED COMPLAINT against All Defendants, filed by Wendy A. Griben.(Campbell, John) |
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Filing 20
ORDER REOPENING CASE, Order to Vacate re 7 Order Dismissing Case, Paragraph three (3) of the Court's Notice of Court Practices, ECF No. #4 , referring the case to Magistrate Judge Jonathan Goodman for a settlement conference is hereby VACATED. Order Requiring Joint Scheduling Report( -Joint Scheduling Report due by 4/10/2018) Pursuant to Administrative Order 2017-38, Magistrate Judge Otazo-Reyes is now assigned to this case. Signed by Judge Jose E. Martinez on 3/20/2018. (pes)
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| Magistrate Judge Jonathan Goodman no longer assigned to case per DE #20 Order. (pes) |
| Filing 19 NOTICE by Marlin Food Stores, Inc, Marlin Fuel and Transport, Inc. re #18 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM and Accompanying Memorandum of Law of Filing Unpublished Decisions in Support of Their Motion to Dismiss Plaintiff's Complaint (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Adelson, Lori) |
| Filing 18 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM and Accompanying Memorandum of Law by Marlin Food Stores, Inc, Marlin Fuel and Transport, Inc.. Responses due by 2/20/2018 (Adelson, Lori) |
| Filing 17 Clerks Notice to Filer re #15 First MOTION Notification . Wrong Event Selected; ERROR - The Filer selected the wrong event. The motion was terminated. Document was re-docketed, see #16 Notification of Ninety Days Expiring. It is not necessary to refile this document. (pes) |
| Filing 16 Notification of Ninety Days Expiring by Wendy A. Griben (Campbell, John) |
| Filing 15 First MOTION Notification by Wendy A. Griben. (Campbell, John) |
| Filing 14 REPLY to Response to Motion re #8 Plaintiff's MOTION for Reconsideration of Order Dismissing Action filed by Wendy A. Griben. (Torres, Jose) |
| Filing 13 RESPONSE in Opposition re #8 Plaintiff's MOTION for Reconsideration filed by Marlin Food Stores, Inc, Marlin Fuel and Transport, Inc., Robert R. Vaughn. Replies due by 5/24/2017. (Attachments: #1 Exhibit A - Unpublished Decisions)(Adelson, Lori) Modified Text on 5/18/2017 (ls). |
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Filing 12
PAPERLESS ORDER granting #11 Motion for Extension of Time to File Response/Reply/Answer as to #8 Plaintiff's MOTION for Reconsideration by Marlin Food Stores, Inc, Marlin Fuel and Transport, Inc., Robert R. Vaughn, on or before May 22, 2017. Signed by Judge Jose E. Martinez on 5/11/2017. (rkn)
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| Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #8 Plaintiff's MOTION for Reconsideration by Marlin Food Stores, Inc, Marlin Fuel and Transport, Inc., Robert R. Vaughn. (Attachments: #1 Text of Proposed Order)(Adelson, Lori) Modified Text on 5/10/2017 (ls). |
| Filing 10 NOTICE of Attorney Appearance by Lori Adelson on behalf of Marlin Food Stores, Inc, Marlin Fuel and Transport, Inc., Robert R. Vaughn. Attorney Lori Adelson added to party Marlin Fuel and Transport, Inc.(pty:dft), Attorney Lori Adelson added to party Robert R. Vaughn(pty:dft). (Adelson, Lori) |
| Filing 9 NOTICE of Attorney Appearance by Lori Adelson on behalf of Marlin Food Stores, Inc. Attorney Lori Adelson added to party Marlin Food Stores, Inc(pty:dft). (Adelson, Lori) |
| Filing 8 Plaintiff's MOTION for Reconsideration of Order Dismissing Action by Wendy A. Griben. Attorney Jose F. Torres added to party Wendy A. Griben(pty:pla). (Torres, Jose) |
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Filing 7
VACATED - PAPERLESS ORDER DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO SERVE. This cause comes before the Court sua sponte. The Court has carefully considered the record and is otherwise duly advised. The Complaint was filed on January 9, 2017. The time to serve Defendants under Rule 4(m) of the Federal Rules of Civil Procedure has passed, and to date, Plaintiff has not filed an executed return of service or requested an extension of time to accomplish service. It is hereby ORDERED AND ADJUDGED that pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, this case is dismissed without prejudice for failure serve Defendants within 90 days after filing the complaint. Closing Case. Signed by Judge Jose E. Martinez on 4/24/2017. (rkn) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. Modified to vacate per DE #20 on 3/21/2018 (pes).
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| Filing 6 Summons Issued as to Marlin Food Stores, Inc, Marlin Fuel and Transport, Inc., Robert R. Vaughn. (fbn) |
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Filing 5
Order Requiring Joint Scheduling Report. Signed by Judge Jose E. Martinez on 1/17/2017. (dq)
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Filing 4
Notice of Court Practices in FLSA Cases, and ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Settlement Conference. Signed by Judge Jose E. Martinez on 1/13/2017. (ls)
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| Filing 3 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (fbn) |
| Filing 2 Judge Assignment to Judge Jose E. Martinez (fbn) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-9385241, filed by Wendy Griben. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Campbell, John) |
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