Biennestin v. McDonalds USA, LLC
| RENAND BIENNESTIN |
| McDonalds USA, LLC and Heisner Enterprises Partnership |
| 9:2019cv80726 |
| June 3, 2019 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Labor: Fair Standards |
| 15 U.S.C. § 0002 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 1, 2019. A more recent docket listing may be available from PACER.
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| Filing 26 PAPERLESS ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE. Telephone Conference set for 8/7/2019 at 3:00 PM in West Palm Beach Division before U.S. Magistrate Judge Dave Lee Brannon. At that time, the parties shall call (888) 808-6929 and enter access code 2036573. Any motions to modify the existing trial date should be filed prior to the telephonic scheduling conference. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)s conference report requirement. The parties must be prepared at their assigned time but may have to wait 10-20 minutes before their conference begins, as the Court sets three cases per 30-minute time slot. (spe) |
Filing 25
ORDER REFERRING CASE AND SETTING TRIAL DATE: (Jury Trial set for 1/13/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 1/8/2020 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon to conduct a scheduling conference. Signed by Judge Donald M. Middlebrooks on 8/1/2019. See attached document for full details. (pcs) #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 24
PAPERLESS ORDER granting #23 Unopposed Motion for Extension of Time. The deadline for Defendant to respond to Plaintiff's Amended Complaint (DE #12 ) is extended to August 13, 2019. Signed by Judge Donald M. Middlebrooks on 7/29/2019. (mbt)
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| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #12 Amended Complaint by Heisner Enterprises Partnership. Attorney Keisha Kae Hall added to party Heisner Enterprises Partnership(pty:dft). (Hall, Keisha) |
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Filing 22
PAPERLESS ORDER denying as moot #10 Motion to Quash. In light of Plaintiff's Amended Complaint (DE #12 ), Defendant Heisner Enterprises Partnership's Motion to Quash Plaintiff's Complaint is denied as moot. Signed by Judge Donald M. Middlebrooks on 7/26/2019. (mbt)
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| Filing 21 NOTICE of Attorney Appearance by Joshua Alexander Goldstein on behalf of Heisner Enterprises Partnership. Attorney Joshua Alexander Goldstein added to party Heisner Enterprises Partnership(pty:dft). (Goldstein, Joshua) |
| Filing 20 SUMMONS (Affidavit) Returned Executed on #12 Amended Complaint with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Renand Biennestin. Heisner Enterprises Partnership served on 7/16/2019, answer due 7/30/2019. (Saenz, Ruben) |
| Filing 19 Clerks Notice to Filer re #17 Notice of Striking. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) |
| Filing 18 RESPONSE to Motion re #10 Defendant's MOTION to Quash filed by Renand Biennestin. Replies due by 7/19/2019. (Saenz, Ruben) |
| Filing 17 NOTICE of Striking #16 SUMMONS (Affidavit) Returned Executed by Renand Biennestin (Saenz, Ruben) Modified Link on 7/15/2019 (ls). |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #12 Amended Complaint with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Renand Biennestin. McDonalds USA, LLC served on 7/10/2019, answer due 7/25/2019. (Saenz, Ruben) |
| Filing 15 Summons Issued as to Heisner Enterprises Partnership. (ls) |
| Filing 14 NOTICE of Filing Proposed Summons(es) by Renand Biennestin re 13 Clerks Notice to Filer re: Electronic Case, Summons(es) (Attachments: #1 Summon(s) Exhibit "A") (Saenz, Ruben) |
| Filing 13 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents, i.e. Amended Complaint (ls) |
| Filing 12 AMENDED COMPLAINT against Heisner Enterprises Partnership, filed by Renand Biennestin. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Saenz, Ruben) |
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Filing 11
PAPERLESS ORDER granting #9 Unopposed Motion for Extension of Time. This is an employment action filed under the Fair Labor Standards Act. (DE #1 ). Defendant moves for a one-month extension of the deadline to respond to Plaintiff's Complaint on the basis that it was not Plaintiff's employer and thus not the proper defendant in this matter. Defendant has separately filed a Motion to Quash on this basis. (DE #10 ). Defendant's Motion for Extension of Time indicates that Plaintiff has agreed to amend the complaint but was not able to do so prior to Defendant's response deadline. In order to minimize the burden on Defendant while Plaintiff amends his pleading, the deadline for Defendant to respond to Plaintiff's Complaint (DE #1 ) is EXTENDED to July 25, 2019. No other deadlines are modified or extended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 6/27/2019. (mbt)
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| Filing 10 Defendant's MOTION to Quash by McDonalds USA, LLC. Attorney Joshua Alexander Goldstein added to party McDonalds USA, LLC(pty:dft). (Goldstein, Joshua) |
| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by McDonalds USA, LLC. (Attachments: #1 Text of Proposed Order Proposed Order re Motion for Extension of Time)(Lomax, Christopher) |
| Filing 8 NOTICE of Attorney Appearance by Christopher Martin Lomax on behalf of McDonalds USA, LLC. Attorney Christopher Martin Lomax added to party McDonalds USA, LLC(pty:dft). (Lomax, Christopher) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Renand Biennestin. McDonalds USA, LLC served on 6/4/2019, answer due 6/25/2019. (Saenz, Ruben) |
| Filing 6 Notice of NO Pending, Refiled, Related or Similar Actions by Renand Biennestin (Saenz, Ruben) |
| Filing 5 Certificate of Other Affiliates/Corporate Disclosure Statement by Renand Biennestin (Saenz, Ruben) |
| Filing 4 NOTICE of Attorney Appearance by Yadhira Ramirez-Toro on behalf of RENAND BIENNESTIN. Attorney Yadhira Ramirez-Toro added to party RENAND BIENNESTIN(pty:pla). (Ramirez-Toro, Yadhira) |
| Filing 3 Summons Issued as to McDonalds USA, LLC. (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks 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. (pcs) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11695607, filed by RENAND BIENNESTIN. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Saenz, Ruben) |
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