Mejia v. PB Ocean View Inc et al
| Juan F Mejia |
| Pizza Al Fresco LLC, PB Ocean View Inc and Mizner, Inc. |
| 9:2020cv80086 |
| January 23, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 |
| None |
Docket Report
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This docket was last retrieved on March 18, 2020. A more recent docket listing may be available from PACER.
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Filing 16
ORDER Approving Settlement Agreement and Dismissing Case with prejudice; Closing Case. Signed by Magistrate Judge Dave Lee Brannon on 3/18/2020. See attached document for full details. (ls)
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| Filing 15 PAPERLESS ORDER CANCELLING FAIRNESS HEARING: Based upon newly-issued Administrative Order 2020-20, In re: Court Operations Under the Exigent Circumstances Created by COVID-19 and Related Coronavirus, the FLSA fairness hearing in this matter is hereby cancelled. The Court has reviewed the parties' fully-executed settlement agreement and the record in this case. Having conducted this review and being otherwise fully advised, the Court finds a hearing unnecessary. Order to follow. Signed by U.S. Magistrate Judge Dave Lee Brannon on 3/18/2020. (jrz) |
| Hearing(s) terminated re: DE #5 as to prior presider. (jmd) |
| Filing 14 PAPERLESS ORDER SETTING TELEPHONIC FAIRNESS HEARING: The Court is on notice that all disputed matters in this newly-referred consent case are "amicably settled." #8 The Court congratulates the parties on having reached an amicable resolution. Because this case involves FLSA claims, judicial oversight of the parties' settlement is required. Lynn's Food Stores, Inc. v. U.S., 679 F.2d 1350, 1353 (11th Cir. 1982); Silva v. Miller, 307 F. Appx 349, 351 (11th Cir. 2009). Accordingly, a telephonic fairness hearing is set for 10:30 A.M. EST on Thursday, March 19, 2020. Instructions for appearances: dial (888) 808-6929 from a landline and enter access code 2036573. By or before 12:00 Noon EST on Monday, March 16, 2020, a designated party shall submit a fully-executed settlement agreement to the Court (brannon@flsd.uscourts.gov) for a Lynn's Food fairness review. As a reminder, the Court will not approve of any agreement containing a unilateral general release as opposed to mutual general releases. Signed by U.S. Magistrate Judge Dave Lee Brannon on 3/12/2020. (jrz) |
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Filing 13
ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon for Trial. Judge Donald M. Middlebrooks no longer assigned as presider/referral judge(s) in case. Signed by Judge Donald M. Middlebrooks on 3/11/2020. See attached document for full details. (ls)
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| Filing 12 Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Mizner, Inc., PB Ocean View Inc, Pizza Al Fresco LLC (Wall, Nicole) |
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Filing 11
Order Setting FLSA Schedule. Statement of Claim due by 3/16/2020. Signed by Magistrate Judge Dave Lee Brannon on 3/5/2020. See attached document for full details. (ls)
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Filing 10
PRETRIAL SCHEDULING ORDER: ( Amended Pleadings due by 3/18/2020., All Discovery due by 5/4/2020., Joinder of Parties due by 3/18/2020., In Limine Motions due by 6/1/2020., Motions due by 6/1/2020., Pretrial Stipulation due by 7/6/2020.), and ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 3/5/2020. See attached document for full details. (ls)
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| Filing 9 PAPERLESS MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Telephonic Scheduling Conference held on 3/5/2020. Attorney Appearances: David Wiitala, Esq. for Plaintiff | | Nicole Wall, Esq. for Defendants. Pretrial and scheduling matters discussed. Plaintiff's counsel advises that this case is fully settled and a notice of voluntary dismissal has been filed. Court inquires about the need for a fairness hearing given that this matter involves FLSA claims. Court orders parties to exercise one of the following three options by 12:00 Noon EST on Wednesday, March 11, 2020: (1) file an appropriate joint motion for approval of their settlement, (2) file a notice with citation to authority in support of a finding that no fairness review is necessary, or (3) file a consent to U.S. Magistrate Judge jurisdiction after which a fairness hearing will be promptly scheduled. Scheduling and FLSA Order to follow. (Digital: 14:09:31 | | 5 mins.) (jrz) |
| Filing 8 NOTICE of Voluntary Dismissal with prejudice by Juan F Mejia (Wiitala, David) |
| Filing 7 NOTICE of Attorney Appearance by Nicole M. Wall on behalf of Mizner, Inc., PB Ocean View Inc, Pizza Al Fresco LLC. Attorney Nicole M. Wall added to party Mizner, Inc.(pty:dft), Attorney Nicole M. Wall added to party PB Ocean View Inc(pty:dft), Attorney Nicole M. Wall added to party Pizza Al Fresco LLC(pty:dft). (Wall, Nicole) |
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Filing 6
PAPERLESS ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE. Telephone Conference set for March 5, 2020 at 2:00 P.M. 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 multiple cases per 30-minute time slot. Signed by Magistrate Judge Dave Lee Brannon on 2/27/2020. (spe)
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon for Scheduling Conference, and Setting Trial Date. ( Calendar Call set for 7/29/2020 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 8/3/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 2/26/2020. See attached document for full details. (ls)
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| Filing 4 Summons Issued as to Mizner, Inc., PB Ocean View Inc, Pizza Al Fresco LLC. (pes) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Parties Improperly Formatted. The Filer failed to enter the party names in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (pes) |
| 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. (pes) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-12332815, filed by Juan F Mejia. (Attachments: #1 Summon(s), #2 Civil Cover Sheet)(Wiitala, David) |
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