Bolds v. Future Investment Holdings LLC et al
| Shonta Bolds |
| Future Investment Holdings LLC doing business as The VIP Gentlemens Club, Yuliya Andrews and Jerry Wayne Andrews |
| 4:2025cv10026 |
| March 17, 2025 |
| U.S. District Court for the Southern District of Florida |
| K Michael Moore |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 15, 2025. A more recent docket listing may be available from PACER.
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Filing 41
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Withdraw as Counsel for All Defendants filed on behalf of GrayRobinson, P.A., Marlene Quintana, and Andres J. Garcia (collectively "Movants"). #28 . Therein, Movants explain that Fabian A. Ruiz, who has appeared in this action (ECF No. 17), was previously a Shareholder at GrayRobinson, P.A. and is now individually representing Defendants, and therefore the Movants seek to withdraw. #28 at 1. Defendants have been informed of the withdrawal and consent thereto. Id. Plaintiff initially objected to the Motion because of pending matters particularly related to sanctions sought by Plaintiff. See (ECF Nos. 30, 31). However, those objections were subsequently withdrawn. See (ECF No. 37). It is within a district court's discretion to permit or deny a motion to withdraw as counsel. See Patnaude v. Sears Pest Control, Inc., No. 08-61980-CIV, 2009 WL 10667065, at *2 (S.D. Fla. May 13, 2009); Reagan v. TitleMax of Ala., Inc., No. 5:09-cv-91/RS-MD, 2010 WL 11530503, at *1 (N.D. Fla. Apr. 15, 2010) (citing Baker v. Coto, 154 F. App'x 854, 858 (11th Cir. 2005)). Rule 4-1.16(b)(4) of the Rules Regulating the Florida Bar allows an attorney to withdraw when representation "has been rendered unreasonably difficult by the client." Rule 4-1.16(b)(5) allows for withdrawal where "other good cause for withdrawal exists." However, under federal law, a corporation cannot appear in federal court pro se and must be represented by counsel. See Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 201-02 (1993). Here, the Court finds good cause to permit Movants to withdraw. 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 to Withdraw #28 is GRANTED. GrayRobinson, P.A., Marlene Quintana, and Andres J. Garcia are relieved of all further responsibilities related to this action. The Clerk of Court is INSTRUCTED to REMOVE Movants as counsel of record for Defendants. Plaintiff also seeks to withdraw the Motion for Leave to File Sur-Reply #33 which is therefore DENIED AS MOOT. Signed by Judge K. Michael Moore on 8/15/2025. (ss01)
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| Filing 40 RESPONSE in Opposition re #39 Plaintiff's MOTION to Strike #38 Reply in Support of Motion, or in the alternative MOTION for Leave to File Sur-Reply filed by Jerry Wayne Andrews, Yuliya Andrews, Future Investment Holdings LLC. Replies due by 8/21/2025. (Ruiz, Fabian) |
| Filing 39 Plaintiff's MOTION to Strike #38 Reply in Support of Motion, or in the alternative ( Responses due by 8/14/2025.), MOTION for Leave to File Sur-Reply by Shonta Bolds. (Attachments: #1 Text of Proposed Order)(Cuthbertson, Dillon) |
| Filing 38 Defendant's REPLY in Support of Motion re #35 Defendant's MOTION to Compel Arbitration MOTION to Stay Proceedings. filed by Jerry Wayne Andrews, Yuliya Andrews, Future Investment Holdings LLC. (Attachments: #1 Exhibit A - 2022 Use of Premises Agreement, #2 Exhibit B - Florida Division of Corporations Application By Foreign LLC)(Ruiz, Fabian) |
| Filing 37 Plaintiff's NOTICE of Withdrawing Objections to DE 28 by Shonta Bolds re #31 Supplement, #30 Response in Opposition to Motion, #28 MOTION to Withdraw as Attorney by Marlene Quintana, Andres J. Garcia and GrayRobinson, P.A. for /, #33 Plaintiff's MOTION for Leave to File Sur-Reply (Cuthbertson, Dillon) |
| Filing 36 RESPONSE in Opposition re #35 Defendant's MOTION to Compel Arbitration MOTION to Stay Proceedings filed by Shonta Bolds. Replies due by 7/30/2025. (Attachments: #1 Exhibit A: Subpoena to Key West Police Department, #2 Exhibit B: Second Request for Production of Documents to Defendants, #3 Exhibit C: Verified Declaration of Shonta Bolds)(Cuthbertson, Dillon) |
| Magistrate Judge Marty Fulgueira Elfenbein role changed to Settlement per chambers re: Order DE #17 . (mf) |
| Filing 35 Defendant's MOTION to Compel Arbitration ( Responses due by 7/23/2025.), MOTION to Stay Proceedings by Jerry Wayne Andrews, Yuliya Andrews, Future Investment Holdings LLC. (Attachments: #1 Exhibit A)(Ruiz, Fabian) |
| Filing 34 RESPONSE in Opposition re #33 Plaintiff's MOTION for Leave to File Sur-Reply filed by Jerry Wayne Andrews, Yuliya Andrews, Future Investment Holdings LLC. Replies due by 7/14/2025. (Quintana, Marlene) |
| Filing 33 Plaintiff's MOTION for Leave to File Sur-Reply by Shonta Bolds. (Attachments: #1 Text of Proposed Order Granting Motion)(Cuthbertson, Dillon) |
| Filing 32 REPLY in Support of Motion re #28 MOTION to Withdraw as Attorney by Marlene Quintana, Andres J. Garcia and GrayRobinson, P.A. for /. filed by Jerry Wayne Andrews, Yuliya Andrews, Future Investment Holdings LLC. (Quintana, Marlene) |
| Filing 31 SUPPLEMENT to #30 Response in Opposition to Motion Exhibit A by Shonta Bolds (Attachments: #1 Exhibit A - June 13 Email)(Cuthbertson, Dillon) |
| Filing 30 RESPONSE in Opposition re #28 MOTION to Withdraw as Attorney by Marlene Quintana, Andres J. Garcia and GrayRobinson, P.A. for / filed by Shonta Bolds. Replies due by 7/7/2025. (Cuthbertson, Dillon) |
| Filing 29 Joint SCHEDULING REPORT - Rule by Shonta Bolds (Attachments: #1 Text of Proposed Order)(Cuthbertson, Dillon) |
| Filing 28 MOTION to Withdraw as Attorney by Marlene Quintana, Andres J. Garcia and GrayRobinson, P.A. for / by Jerry Wayne Andrews, Yuliya Andrews, Future Investment Holdings LLC. Responses due by 7/9/2025. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Quintana, Marlene) |
| Filing 27 NOTICE of Attorney Appearance by Fabian A. Ruiz on behalf of Jerry Wayne Andrews, Yuliya Andrews, Future Investment Holdings LLC. Attorney Fabian A. Ruiz added to party Jerry Wayne Andrews(pty:dft), Attorney Fabian A. Ruiz added to party Yuliya Andrews(pty:dft), Attorney Fabian A. Ruiz added to party Future Investment Holdings LLC(pty:dft). (Ruiz, Fabian) |
| Filing 26 PAPERLESS Minute Order for proceedings held before Magistrate Judge Marty Fulgueira Elfenbein: Settlement Conference held on 6/13/2025. Impasse Reached. Total time in court: 3 hour(s) : 40 minutes. Attorney Appearance(s): Andres Jesus Garcia and Marlene Quintana (counsel for the Defendants, appeared with their clients, Yuliya Andrews as the Corporate Representative on behalf of Future Investment Holdings LLC, and individually, and Jerry Wayne Andrews, individually); Dillon Scott Cuthbertson (counsel for the Plaintiff, appeared along with his client, Shonta Bolds) (ogn1) |
| Filing 25 RESPONSE in Opposition re #22 Plaintiff's MOTION to Amend/Correct For Leave to Amend Complaint filed by Jerry Wayne Andrews, Yuliya Andrews, Future Investment Holdings LLC. Replies due by 6/20/2025. (Quintana, Marlene) |
| Filing 24 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Shonta Bolds (Cuthbertson, Dillon) |
| Filing 23 NOTICE of Compliance by Shonta Bolds re 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,,,,,,,, (Cuthbertson, Dillon) |
| Filing 22 Plaintiff's MOTION to Amend/Correct For Leave to Amend Complaint by Shonta Bolds. Responses due by 6/13/2025. (Attachments: #1 Text of Proposed Order)(Cuthbertson, Dillon) |
| Filing 21 Defendant's REPLY in Support of Motion re #11 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM . filed by Future Investment Holdings LLC, Yuliya Andrews, Jerry Wayne Andrews. (Garcia, Andres) |
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Filing 20
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for Extension of Time to File Reply in Support of Motion to Dismiss (the "Motion"). #19 . Therein, Defendants seek to extend the deadline to file their Reply in support of their Motion to Dismiss to May 27, 2025, "to accommodate overlapping deadlines in other matters and to ensure a thorough Reply addressing the assertions in Plaintiff's Response." Id. at 1. Plaintiff does not oppose the relief requested. Id. at 2. The Court emphasized in its Paperless Order of Court Practice that "parties shall seek extensions of time in a timely fashion." 4 . "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Defendants filed the instant Motion on May 22, 2025, the day its Reply was due. 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 #19 is GRANTED. Defendants shall file their Reply on or before May 27, 2025. Signed by Judge K. Michael Moore on 5/23/2025. (ss01)
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| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #18 Response in Opposition to Motion by Future Investment Holdings LLC. (Attachments: #1 Text of Proposed Order)(Garcia, Andres) |
| Filing 18 RESPONSE in Opposition re #11 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Shonta Bolds. Replies due by 5/22/2025. (Cuthbertson, Dillon) |
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Filing 17
ORDER SCHEDULING SETTLEMENT CONFERENCE ( Settlement Conference set for 6/13/2025 10:00 AM in Miami Division before Magistrate Judge Marty Fulgueira Elfenbein.) Signed by Magistrate Judge Marty Fulgueira Elfenbein on 5/13/2025. See attached document for full details. (ar24)
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| Filing 16 Joint NOTICE of Availability for Settlement Conference by Shonta Bolds re #15 Order to Show Cause, (Cuthbertson, Dillon) |
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Filing 15
ORDER TO SHOW CAUSE as to why Sanctions should not be entered for Failure to Comply with the Court's order. Show Cause Response due by 5/16/2025. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 5/12/2025. See attached document for full details. (ls)
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| Filing 14 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Future Investment Holdings LLC, Yuliya Andrews, Jerry Wayne Andrews (Quintana, Marlene) |
| Filing 13 NOTICE of Attorney Appearance by Marlene Quintana on behalf of Future Investment Holdings LLC, Yuliya Andrews, Jerry Wayne Andrews (Quintana, Marlene) |
| Filing 12 Defendant's RESPONSE to #8 Statement of Claim by Future Investment Holdings LLC, Yuliya Andrews, Jerry Wayne Andrews. (Quintana, Marlene) |
| Filing 11 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Future Investment Holdings LLC, Yuliya Andrews, Jerry Wayne Andrews. Attorney Andres Jesus Garcia added to party Future Investment Holdings LLC(pty:dft), Attorney Andres Jesus Garcia added to party Yuliya Andrews(pty:dft). Responses due by 5/15/2025. (Garcia, Andres) |
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Jerry Wayne Andrew's ("Defendant") Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. #9 . Therein, Defendant requests an eight-day extension of time to respond to the Complaint to allow "undersigned counsel additional time to formulate an appropriate response[,]" and so that the response deadline is the same "for all named Defendants." Id. at 2. Defendant's response was due on or before April 23, 2025. Id. at 1. 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 #9 is GRANTED. Defendant shall respond to the Complaint on or before May 1, 2025. Signed by Judge K. Michael Moore on 4/24/2025. (cr00)
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| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Jerry Wayne Andrews. Attorney Andres Jesus Garcia added to party Jerry Wayne Andrews(pty:dft). (Attachments: #1 Text of Proposed Order)(Garcia, Andres) |
| Filing 8 Statement of: Claim by Shonta Bolds re 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,,,,,,,, (Attachments: #1 Exhibit A - Plaintiff's Statement of Claim)(Cuthbertson, Dillon) |
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Filing 7
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/19/2025. See attached document for full details. (ar24)
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Filing 6
PAPERLESS ORDER upon referral for Settlement Conference. This case has been referred to me for a settlement conference. Counsel for the Parties are hereby ORDERED to meet and confer to determine possible dates on which to conduct the settlement conference in accordance with the District Court's Paperless Notice of Court Practice in Fair Labor Standards Act Cases and Referral to Magistrate Judge for Settlement Conference ("Notice of Court Practice"), ECF No. 4 . Within fifteen (15) days of the appearance of Defendant, Plaintiff's counsel shall file a Notice identifying three (3) mutually agreed-upon dates for a settlement conference in accordance with the District Court's Notice of Court Practice, ECF No. 4 . Following the submission of proposed dates, I will enter an order setting the settlement conference. It is incumbent upon Plaintiff to timely seek any extension of time to conduct a settlement conference in the event the Defendant has not entered an appearance prior to the deadline to conduct a settlement conference identified in the District Court's Notice of Court Practice, ECF No. 4 . Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/19/2025. (MFE)
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein 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 Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 3/18/2025. (cr00)
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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 attorney's 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 Defendant's 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 Judge Rules of the Southern District of Florida, the Parties shall conduct a Settlement Conference before Magistrate Judge Marty Fulgueira Elfenbein 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 Marty Fulgueira Elfenbein 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 Elfenbein. Absent an extension from Magistrate Judge Elfenbein, 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. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). 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 (3) 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. 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 Judge K. Michael Moore on 3/18/2025. (cr00)
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| Filing 3 Summons Issued as to Jerry Wayne Andrews, Yuliya Andrews, Future Investment Holdings LLC. (ar24) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein 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. (ar24) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-18287220, filed by Shonta Bolds. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit A - Plaintiff's Statement of Claim)(Cuthbertson, Dillon) |
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