Alexandre v. Millennia Housing Management, LTD et al
| Widler Alexandre |
| Millennia Housing Management, LTD, Frank T Sinito, Millennia Housing Management and Harvey H McClintock |
| 9:2019cv80612 |
| May 7, 2019 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Dave Lee Brannon |
| Bruce E Reinhart |
| Labor: Fair Standards |
| 15 U.S.C. § 0002 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 70
PAPERLESS ORDER granting #69 the parties' Joint Motion Requesting the Court to Retain Jurisdiction to Enforce Parties' Settlement Agreement for an Additional Thirty Days. Signed by Judge Roy K. Altman on 4/24/2020. (jz00)
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| Filing 69 MOTION for Extension of Time JOINT MOTION REQUESTING THE COURT TO RETAIN JURISDICTION TO ENFORCE PARTIES' SETTLEMENT AGREEMETN FOR AN ADDITIONAL THIRTY DAYS re #68 Order on Motion for Settlement,, MOTION to Continue re #68 Order on Motion for Settlement, by Widler Alexandre. Responses due by 5/8/2020 (Cullen, Mark) |
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Filing 68
ORDER granting #67 Third Joint Motion for Order Approving FLSA Settlement Agreement and General Release and to Dismiss Lawsuit with prejudice and Enforce Settlement Agreement. Dismissing Case with prejudice. Signed by Judge Roy K. Altman on 3/27/2020. See attached document for full details. (ls)
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| Filing 67 Joint MOTION for Settlement Requesting Order Approving FLSA Settlement Agreement and General Release and to Dismiss Lawsuit with Prejudice and Enforce Settlement Agreement by Widler Alexandre. Responses due by 4/9/2020 (Attachments: #1 Exhibit Exhibit A)(Cullen, Mark) |
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Filing 66
ORDER granting #58 Motion for Attorney Fees; adopting Report and Recommendations re #62 Report and Recommendations. Signed by Judge Roy K. Altman on 3/23/2020. See attached document for full details. (ls)
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Filing 65
PAPERLESS ORDER granting #64 the Defendant's Unopposed Motion to Withdraw Samantha E. Dunton-Gallagher as Counsel of Record. The Clerk of Court is DIRECTED to substitute Attorney Jeffrey B. Jones for Samantha E. Dunton-Gallagher for and on behalf of the Defendant. Signed by Judge Roy K. Altman on 3/17/2020. (jz00)
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| Filing 64 Unopposed MOTION to Withdraw as Attorney AND SUBSTITUTE COUNSEL by SAMANTHA DUNTON-GALLAGHER for / by Millennia Housing Management LTD, LLC, Millennia Housing Management, LTD. Attorney Jeffrey Bernard Jones added to party Millennia Housing Management LTD, LLC(pty:ip), Attorney Jeffrey Bernard Jones added to party Millennia Housing Management, LTD(pty:dft). Responses due by 3/31/2020 (Attachments: #1 Text of Proposed Order)(Jones, Jeffrey) |
| Filing 63 NOTICE of Attorney Appearance by Ryan P Forrest on behalf of Millennia Housing Management LTD, LLC, Millennia Housing Management, LTD. Attorney Ryan P Forrest added to party Millennia Housing Management LTD, LLC(pty:ip), Attorney Ryan P Forrest added to party Millennia Housing Management, LTD(pty:dft). (Forrest, Ryan) |
| Filing 62 REPORT AND RECOMMENDATION ON PLAINTIFF'S #58 MOTION FOR ATTORNEYS' FEES AND COSTS. Recommending that the District Court GRANT IN PART AND DENY IN PART Plaintiff's Motion for Attorneys' Fees and Costs (DE 58). Objections to R&R due by 3/18/2020. Signed by Magistrate Judge Bruce E. Reinhart on 3/4/2020. See attached document for full details. (kpe) |
| Filing 61 RESPONSE in Opposition re #58 MOTION for Attorney Fees and Costs (Partial Opposition) filed by Millennia Housing Management, LTD. Replies due by 1/6/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Dunton-Gallagher, Samantha) |
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Filing 60
ORDER OF REFERRAL. Motion #58 referred to Judge Bruce E. Reinhart. Signed by Judge Roy K. Altman on 12/26/2019. See attached document for full details. (kpe)
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| Filing 59 Statement of: Bill of Costs by Widler Alexandre re #58 MOTION for Attorney Fees and Costs (Cullen, Mark) |
| Filing 58 MOTION for Attorney Fees and Costs by Widler Alexandre. Responses due by 1/6/2020 (Attachments: #1 Exhibit 1 - Attorney's Fees Table, #2 Exhibit 2 - Declaration of Mark A Cullen, #3 Exhibit 3 - Statement of Services, #4 Exhibit 4 - Contingency Fee Agreement, #5 Exhibit 5 - Resume of Mark A Cullen, #6 Exhibit 6 - Resume of Catherine Cullen, #7 Exhibit 7 - Resume of Donna Stevens)(Cullen, Mark) |
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Filing 57
ORDER denying #56 Revised Joint Motion Requesting Order Approving FLSA Settlement Agreement and General Release and to Dismiss Lawsuit with Prejudice Reserving Jurisdiction to Determine Plaintiff's Attorney's Fees and Costs and Enforce Settlement Agreement. Signed by Judge Roy K. Altman on 12/16/2019. See attached document for full details. (kpe)
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| Filing 56 Joint MOTION for Settlement Revised Joint Motion Requesting Order Approving FLSA Settlement Agreement and General Release and to Dismiss Lawsuit with Prejudice Reserving Jurisdiction to Determine Plaintiff's Attorney's Fees and Costs and Enforce Settlement Agreement by Widler Alexandre. Responses due by 12/23/2019 (Attachments: #1 Exhibit A - Revised Settlement Agreement signed in counterparts, #2 Exhibit B - Declaration of Mark Cullen and Billing Statement)(Cullen, Mark) |
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Filing 55
ORDER denying #54 Joint Motion Requesting Order Approving FLSA Settlement Agreement and General Release and to Dismiss Lawsuit with Prejudice Reserving Jurisdiction to Determine Plaintiff's Attorney's Fees and Costs and Enforce Settlement Agreement. Signed by Judge Roy K. Altman on 12/5/2019. See attached document for full details. (kpe)
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| Filing 54 Joint MOTION for Settlement Joint Motion Requesting Order Approving FLSA Settlement Agreement and General Release and to Dismiss Lawsuit with Prejudice Reserving Jurisdiction to Determine Plaintiff's Attorneys' Fees and Costs and Enforce Settlement Agreement by Widler Alexandre. Responses due by 12/16/2019 (Attachments: #1 Exhibit A - Revised Settlement Agreement - 2 counterpart copies)(Cullen, Mark) |
| Filing 53 STIPULATION of Dismissal (Voluntary) of Defendants Frank T. Sinito and Harvey H. McClintock Without Prejudice and Subject to Parties' Settlement Agreement and Tolling Agreement by Widler Alexandre (Attachments: #1 Exhibit A - Tolling Agreement)(Cullen, Mark) |
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Filing 52
ORDER REQUIRING SUBMISSION OF SETTLEMENT AGREEMENT FOR COURT APPROVAL. The Clerk of Court shall administratively CLOSE this case without prejudice. Any pending motions are DENIED AS MOOT, and any scheduled hearings are TERMINATED. Signed by Judge Roy K. Altman on 11/19/2019. See attached document for full details. (kpe)
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Filing 51
PAPERLESS Order Cancelling the Discovery Hearing set for 12/3/19 in light of the parties' settlement. Signed by Magistrate Judge Bruce E. Reinhart on 11/19/2019. (hk02)
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| Filing 50 PAPERLESS MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Settlement Conference held on 11/18/2019. Appearances: Plaintiff present with his counsel, Mark Cullen, Esq. and Cathy Cullen | Defendant Millennia's in-house counsel, Renee Weiss, Esq., present with defense counsel, Timothy Anderson, Esq. Case settled with attorney's fees to be determined by District Judge Altman. Parties shall file appropriate paperwork with the Court on or before 11/25/2019. (Digital: 13:05:29 | Time in Court: 4 hrs. 1 min.)(jb02) |
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Filing 49
ORDER Scheduling Second Settlement Conference Before U.S. Magistrate Judge, (Settlement Conference set for 11/18/2019 01:00 PM in West Palm Beach Division before Magistrate Judge Dave Lee Brannon.) Signed by Magistrate Judge Dave Lee Brannon on 11/14/2019. See attached document for full details. (kpe)
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Filing 48
ORDER MEMORIALIZING DISCOVERY RULINGS, ( Miscellaneous Hearing set for 12/3/2019 03:00 PM before Magistrate Judge Bruce E. Reinhart.) Signed by Magistrate Judge Bruce E. Reinhart on 11/13/2019. See attached document for full details. (kpe)
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| Filing 47 RESPONSE in Opposition re #39 Amended MOTION for Discovery Leave to Complete Jurisdictional Discovery and Motion to Stay Court's Ruling on Defendant's Motion to Dismiss for Lack of Personal Jurisdiction filed by Frank T Sinito. Replies due by 11/19/2019. (Dunton-Gallagher, Samantha) |
| Filing 46 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 11/8/2019. Total time in court: 1 hour : 8 minutes. (Digital 14:59:35) (hk02) |
| Filing 45 NOTICE of Filing Discovery: Defendant Frank Sinito's Objections to Plaintiff's First Set of Interrogatories by Millennia Housing Management LTD, LLC, Millennia Housing Management, LTD, Frank T Sinito. (Attachments: #1 Exhibit A -)(Dunton-Gallagher, Samantha) |
| Filing 44 Statement of: Joint Discovery Memorandum by Millennia Housing Management LTD, LLC, Millennia Housing Management, LTD, Frank T Sinito re #42 Order (Attachments: #1 Exhibit A - Interrogatories, #2 Exhibit B - Notice of Taking Deposition, #3 Exhibit C - Amended MFL to Complete Jurisdictional Discovery)(Dunton-Gallagher, Samantha) |
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Filing 43
PAPERLESS Order setting Discovery Hearing for 11/8/2019 at 3:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel may appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 11/4/2019. (hk02)
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Filing 42
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 10/29/2019. See attached document for full details. (kpe)
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Filing 41
PAPERLESS ORDER denying as moot #38 the Plaintiff's Motion for Leave to Complete Jurisdictional Discovery and to Stay the Court's Ruling on the Defendants' Motion to Dismiss given the Plaintiff's filing of an Amended Motion seeking the same relief #39 . Signed by Judge Roy K. Altman on 10/29/2019. (jz00)
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Filing 40
ORDER OF RECUSAL. Magistrate Judge Dave Lee Brannon recused. Case reassigned to Magistrate Judge Bruce E. Reinhart for all further proceedings. Motions referred to Judge Bruce E. Reinhart. Signed by Magistrate Judge Dave Lee Brannon on 10/29/2019. See attached document for full details. (jmd)
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| Filing 39 Amended MOTION for Discovery Leave to Complete Jurisdictional Discovery and Motion to Stay Court's Ruling on Defendant's Motion to Dismiss for Lack of Personal Jurisdiction by Widler Alexandre. Responses due by 11/12/2019 (Attachments: #1 Exhibit A - Email String)(Cullen, Mark) |
| Filing 38 MOTION for Discovery Leave to Complete Jurisdictional Discovery and Motion to Stay Court's Ruling on Defendant's Motion to Dismiss for Lack of Personal Jurisdiction by Widler Alexandre. Responses due by 11/12/2019 (Attachments: #1 Exhibit A - Email String)(Cullen, Mark) |
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Filing 37
ORDER Scheduling Mediation before Steven Mayans. Mediation Hearing set for 2/26/2020 01:00 PM. Signed by Judge Roy K. Altman on 9/16/2019. See attached document for full details. (ar2)
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| Filing 36 REPLY to Response to Motion re #26 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, #6 Amended Complaint filed by Frank T Sinito. (Dunton-Gallagher, Samantha) |
| Filing 35 RESPONSE in Opposition re #26 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, #6 Amended Complaint filed by Widler Alexandre. Replies due by 9/12/2019. (Attachments: #1 Exhibit Ex. A - Declaration of W.Alexandre, #2 Exhibit Ex. B - Florida Locations, #3 Exhibit Ex. C - F Sinito at Riv Beach City Council Meeting, #4 Exhibit Ex. D - F Sinito with Stonybrook Maint Employees)(Cullen, Mark) |
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Filing 34
ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge Dave Lee Brannon on 8/20/2019. See attached document for full details. (ar2)
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| Reset Deadlines Per DE#32. Responses due by 9/6/2019 (cqs) |
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Filing 33
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE. ( Amended Pleadings due by 10/4/2019., Discovery due by 2/25/2020., Expert Discovery due by 2/25/2020., Joinder of Parties due by 10/4/2019., Mediation Deadline 3/10/2020., In Limine Motions due by 6/8/2020., Dispositive Motions due by 3/18/2020., All Pre-trial Motions due by 3/18/2020., Joint Pretrial Stipulation due by 6/8/2020., Jury Trial set for 6/22/2020 in Fort Lauderdale Division before Judge Roy K. Altman., Calendar Call set for 6/16/2020 01:45 PM in Fort Lauderdale Division before Judge Roy K. Altman). Signed by Judge Roy K. Altman on 8/16/2019. See attached document for full details. (ar2) #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 32
PAPERLESS ORDER granting in part and denying in part #31 the Plaintiff's Motion for a 30-day Extension of Time to respond to the Defendant's Motion to Dismiss #26 . In light of the representation made by the Plaintiff that the parties are actively engaged in settlement discussions, the Court will provide the Plaintiff with a 15-day extension of time to respond to the Defendant's Motion to Dismiss. The Plaintiff's response shall be due by September 6, 2019. Signed by Judge Roy K. Altman on 8/19/2019. (jz00)
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| Filing 31 MOTION for Extension of Time to File Response/Reply/Answer as to #26 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, #6 Amended Complaint by Widler Alexandre. (Cullen, Mark) |
| Filing 30 Joint SCHEDULING REPORT - Rule 16.1 by Widler Alexandre (Attachments: #1 Text of Proposed Order)(Cullen, Mark) |
| Filing 29 Certificate of Other Affiliates by Widler Alexandre (Cullen, Mark) |
| Filing 28 Certificate of Other Affiliates by Harvey H McClintock, Millennia Housing Management, LTD (Dunton-Gallagher, Samantha) |
| Filing 27 PAPERLESS MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Settlement Conference held on 8/15/2019. Appearances: Plaintiff present with his counsel, Mark Cullen, Esq. and Cathy Cullen | Defendant Millennia's in-house counsel, Renee Weiss, Esq., present with defense counsel, Timothy Anderson, Esq. Good faith negotiations held. Case did not settle, but negotiations to continue. Parties might contact the Court for the setting of a second round settlement conference. (Digital: 10:29:55, 12:38:20 | Time in Court: 2 hrs. 11 mins.) (jrz) |
| Filing 26 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, #6 Amended Complaint by Frank T Sinito. Responses due by 8/19/2019 (Attachments: #1 Exhibit Declaration of Frank T. Sinito, #2 Text of Proposed Order Proposed Order on Defendant Frank T. Sinito's Motion to Dismiss)(Dunton-Gallagher, Samantha) |
| Filing 25 Defendants Millennia Housing Management, LTD. and Harvey McClintock's ANSWER and Affirmative Defenses to Amended Complaint by Harvey H McClintock, Millennia Housing Management, LTD. (Dunton-Gallagher, Samantha) |
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Filing 24
PAPERLESS ORDER granting #23 the Defendants' Unopposed Motion to Exclude Individual Defendants from Appearing at the August 15, 2019 Settlement Conference. Mr. Sinito and Mr. McClintock are excused from personally attending, but should remain available by phone during the pendency of the settlement conference. Signed by Judge Roy K. Altman on 7/29/2019. (jz00)
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| Filing 23 Unopposed MOTION to Exclude Individual Defendants from Appearing at Settlement Conference by Harvey H McClintock, Millennia Housing Management, LTD, Frank T Sinito. (Attachments: #1 Text of Proposed Order)(Dunton-Gallagher, Samantha) |
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Filing 22
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES: Joint Scheduling Report due by 8/16/2019. Signed by Judge Roy K. Altman on 7/24/2019. See attached document for full details. (ail)
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Filing 21
SECOND ORDER SCHEDULING SETTLEMENT CONFERENCE BEFORE U.S. MAGISTRATE JUDGE, (Settlement Conference set for 8/15/2019 10:30 AM in West Palm Beach Division before Magistrate Judge Dave Lee Brannon.) Signed by Magistrate Judge Dave Lee Brannon on 7/22/2019. See attached document for full details. (kpe)
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| Filing 20 NOTICE by Widler Alexandre re #19 Order on Motion for Extension of Time to Mediate, Notice to Court of Plaintiff's Attempts to Schedule Court-Ordered Mediation Within the 30-Day Meidation Window (Cullen, Mark) |
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Filing 19
ORDER denying #17 Motion for Extension of Time. The Order Scheduling Settlement Conference before United States Magistrate JudgeBrannon ECF no. #18 is STRICKEN Signed by Judge Roy K. Altman on 7/20/2019. See attached document for full details. (kpe)
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Filing 18
STRICKEN ORDER Scheduling Settlement Conference Before U.S. Magistrate Judge, ( Settlement Conference set for 9/23/2019 10:30 AM in West Palm Beach Division before Magistrate Judge Dave Lee Brannon.) Signed by Magistrate Judge Dave Lee Brannon on 7/19/2019. See attached document for full details. (kpe) Modified on 7/22/2019 per DE #19 Order (kpe).
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| Filing 17 MOTION for Extension of Time to Mediate by Widler Alexandre. (Cullen, Mark) |
| Filing 16 Defendant's RESPONSE to the Plaintiff's Statement of Claim by Harvey H McClintock, Millennia Housing Management, LTD, Frank T Sinito. (Dunton-Gallagher, Samantha) |
| Filing 15 Corporate Disclosure Statement by Millennia Housing Management, LTD (Dunton-Gallagher, Samantha) |
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Filing 14
ORDER Requiring Combined Responses, ( Responses due by 7/11/2019). Signed by Judge Roy K. Altman on 6/20/2019. See attached document for full details. (kpe)
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Filing 13
PAPERLESS ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Timothy S. Anderson. Signed by Judge Roy K. Altman on 6/20/2019. (jz00)
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| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Timothy S. Anderson. Filing Fee $ 75.00 Receipt # 113C-11747655 by Harvey H McClintock, Millennia Housing Management, LTD, Frank T Sinito. Responses due by 7/8/2019 (Attachments: #1 Certification, #2 Text of Proposed Order)(Dunton-Gallagher, Samantha) |
| Filing 11 NOTICE of Attorney Appearance by Samantha Elena Dunton-Gallagher on behalf of Harvey H McClintock, Millennia Housing Management, LTD, Frank T Sinito. Attorney Samantha Elena Dunton-Gallagher added to party Harvey H McClintock(pty:dft), Attorney Samantha Elena Dunton-Gallagher added to party Millennia Housing Management, LTD(pty:dft), Attorney Samantha Elena Dunton-Gallagher added to party Frank T Sinito(pty:dft). (Dunton-Gallagher, Samantha) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Widler Alexandre. Harvey H McClintock waiver sent on 6/4/2019, answer due 8/5/2019. (Cullen, Mark) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Widler Alexandre. Frank T Sinito waiver sent on 6/4/2019, answer due 8/5/2019. (Cullen, Mark) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Widler Alexandre. Millennia Housing Management, LTD waiver sent on 6/4/2019, answer due 8/5/2019. (Cullen, Mark) |
| Filing 7 Statement of: Response and Limited Objection to Order to File Statement of Claim by Widler Alexandre re #5 Order,, Set/Reset Deadlines,, Order Referring Case to Magistrate Judge, (Cullen, Mark) |
| Filing 6 AMENDED COMPLAINT against All Defendants, filed by Widler Alexandre.(Cullen, Mark) |
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Filing 5
ORDER IN ACTIONS BROUGHT UNDER THE FAIR LABOR STANDARDS ACT. ( Statement of Claim due by 6/7/2019.), ORDER REFERRING CASE to Dave Lee Brannon for Settlement Conference. Signed by Judge Roy K. Altman on 5/8/2019. See attached document for full details. (kpe)
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| Filing 4 Summons Issued as to Harvey H McClintock, Millennia Housing Management, LTD, Frank T Sinito. (kpe) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Documents Improperly Arranged. The Filer did not properly attach the Civil Cover Sheet and Summonses as separate attachments.. Future filings must comply with the CM/ECF Civil Case Opening Guide. It is not necessary to re-file this document. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (kpe) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11621053, filed by Widler Alexandre.(Cullen, Mark) (Additional attachment(s) added on 5/7/2019: #1 Civil Cover Sheet) (kpe). |
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