Conchado et al v. Kauff's, Inc. et al
| Ahmad Jones, Antonio Sturgis, David Devito and Yosbrey Conchado |
| Francis Geoffrey Russell, Geoffrey Russell, Kauff's, Inc., Geoff Russell and Guardian Fleet Services, Inc. |
| 9:2020cv80344 |
| March 2, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 |
| Plaintiff |
Docket Report
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Filing 24
ORDERSETTING TRIAL DATE : ( Jury Trial set for 10/26/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 10/21/2020 01:15 PM before Judge Donald M. Middlebrooks.) and ORDER REFERRING CASE to Magistrate Judge United States Magistrate Judge Dave Lee Brannon to enter a Scheduling Order, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the partiesso request. Signed by Judge Donald M. Middlebrooks on 4/30/2020. See attached document for full details. (drz) #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 23 Amended ANSWER and Affirmative Defenses to Complaint by Francis Geoffrey Russell. (Zinkil, Melissa) |
| Filing 22 Amended ANSWER and Affirmative Defenses to Complaint by Guardian Fleet Services, Inc., Kauff's, Inc.. (Zinkil, Melissa) |
| Filing 21 RESPONSE in Opposition re #20 MOTION to Certify Class Motion to Conditionally Certify Collective Action and Facilitate Notice to Similarly Situated Employees filed by Guardian Fleet Services, Inc., Kauff's, Inc., Francis Geoffrey Russell. Replies due by 5/1/2020. (Attachments: #1 Exhibit A - Affidavit of Marvin "Gene" Craig)(Zinkil, Melissa) |
| Filing 20 MOTION to Certify Class Motion to Conditionally Certify Collective Action and Facilitate Notice to Similarly Situated Employees by Yosbrey Conchado, David Devito, Ahmad Jones, Antonio Sturgis. Responses due by 4/24/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Levine, Daniel) |
| Filing 19 Certificate of Other Affiliates/Corporate Disclosure Statement by Guardian Fleet Services, Inc., Kauff's, Inc. identifying Corporate Parent Guardian Fleet Services, Inc. for Kauff's, Inc.; Other Affiliate Guardian Transportation Inc., Other Affiliate Crockett's Companies, LLC, Other Affiliate ESOP - Guardian Fleet Services, Inc. Employee Stock Ownership Plan and Trust for Guardian Fleet Services, Inc. (Zinkil, Melissa) |
| Filing 18 Defendants Kauff's, Inc. and Guardian Fleet Services, Inc.'s ANSWER and Affirmative Defenses to Complaint by Guardian Fleet Services, Inc., Kauff's, Inc.. (Zinkil, Melissa) |
| Filing 17 Defendant Francis Geoffrey Russell's ANSWER and Affirmative Defenses to Complaint by Francis Geoffrey Russell. (Zinkil, Melissa) |
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Filing 16
PAPERLESS ORDER granting #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney John D. Cox; granting #15 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Scott D. Spiegel. Signed by Judge Donald M. Middlebrooks on 4/1/2020. (jdr) Modified to correct attorney last name entered on 4/1/2020 (jc).
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| Filing 15 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Scott D. Spiegel. Filing Fee $ 200.00 Receipt # AFLSDC-12683352 by Guardian Fleet Services, Inc., Kauff's, Inc., Francis Geoffrey Russell. Responses due by 4/15/2020 (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Certification of Payment of Admission Fee, #3 Text of Proposed Order)(Zinkil, Melissa) |
| Filing 14 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John D. Cox. Filing Fee $ 200.00 Receipt # AFLSDC-12683205 by Guardian Fleet Services, Inc., Kauff's, Inc., Francis Geoffrey Russell. Responses due by 4/15/2020 (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Certification of Payment of Admission Fee, #3 Text of Proposed Order)(Zinkil, Melissa) |
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Filing 13
PAPERLESS ORDER granting in part #12 Defendants' Motion for Extension of Time. Plaintiffs served their Complaint upon Defendants Kauff and Guardian on March 5, 2020, and upon Defendant Russell on March 9, 2020. (DE #12 at 2). Therefore, Defendants Kauff's and Guardian's responses to the Complaint are due by March 26, 2020, and Defendant Russell's response is due by March 30, 2020. In the present Motion, Defendants request that the deadline to respond to Plaintiffs' Complaint be extended to April 15, 2020. Defendants make this request because their counsel was retained yesterday and because Covid-19 is delaying counsel's ability to investigate the allegations in Plaintiffs' Complaint. (DE #12 at 2). Under these circumstances, I find good cause to grant a limited extension; Defendants' deadline to respond to Plaintiffs' Complaint is extended to April 9, 2020. Finally, I am sensitive to the challenges lawyers are facing as a result of Covid-19. However, I will not grant wholesale continuances of any deadline based upon generalizations. The Parties are advised that extensions will not be granted absent a showing of good cause supported by specific facts. Signed by Judge Donald M. Middlebrooks on 3/25/2020. (jdr)
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| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Guardian Fleet Services, Inc., Kauff's, Inc., Francis Geoffrey Russell. Attorney Melissa Segarra Zinkil added to party Guardian Fleet Services, Inc.(pty:dft), Attorney Melissa Segarra Zinkil added to party Kauff's, Inc.(pty:dft), Attorney Melissa Segarra Zinkil added to party Francis Geoffrey Russell(pty:dft). (Attachments: #1 Text of Proposed Order)(Zinkil, Melissa) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ahmad Jones, Yosbrey Conchado, Antonio Sturgis, David Devito. Francis Geoffrey Russell served on 3/9/2020, answer due 3/30/2020. (Levine, Daniel) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ahmad Jones, Yosbrey Conchado, Antonio Sturgis, David Devito. Guardian Fleet Services, Inc. served on 3/5/2020, answer due 3/26/2020. (Levine, Daniel) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ahmad Jones, Yosbrey Conchado, Antonio Sturgis, David Devito. Kauff's, Inc. served on 3/5/2020, answer due 3/26/2020. (Levine, Daniel) |
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Filing 8
PAPERLESS ORDER denying without prejudice #7 Plaintiffs' Motion for Conditional Certification. On March 2, 2020, Plaintiffs filed this FLSA case as a collective action. (DE #1 ). The next day, Plaintiffs moved for conditional certification. (DE #7 ). The Motion does not contain a certificate of service and it is unclear whether Defendants were served with the Motion. Additionally, no summons has been returned executed as to any of the Defendants. Therefore, it is also unclear whether Defendants have been served. As a result, I will deny the Motion for Conditional Certification without prejudice. Plaintiffs may refile the Motion once Defendants appear in this matter or default. Signed by Judge Donald M. Middlebrooks on 3/17/2020. (jdr)
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| Filing 7 MOTION to Certify Class to Conditionally Certify Collective Action and Facilitate Notice to Similarly Situated Employees by Yosbrey Conchado, David Devito, Ahmad Jones, Antonio Sturgis. Responses due by 3/17/2020 (Attachments: #1 Exhibit A - Proposed Notification, #2 Exhibit B - Declarations)(Levine, Daniel) |
| Filing 6 NOTICE OF CONSENT TO JOIN as party plaintiff by Daniel R. Levine on behalf of Yosbrey Conchado, David Devito, Ahmad Jones, Antonio Sturgis (Attachments: #1 Consent - Yosbrey Conchado, #2 Consent - David Devito, #3 Consent - Antonio Sturgis, #4 Consent - Ahmad Jones) (Levine, Daniel) |
| Filing 5 Summons Issued as to Francis Geoffrey Russell. (drz) |
| Filing 4 Summons Issued as to Guardian Fleet Services, Inc. (drz) |
| Filing 3 Summons Issued as to Kauff's, Inc. (drz) |
| 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. (drz) |
| Filing 1 COMPLAINT Collective Action Complaint and Demand for Jury Trial against Guardian Fleet Services, Inc., Kauff's, Inc., Francis Geoffrey Russell. Filing fees $ 400.00 receipt number AFLSDC-12536189, filed by Ahmad Jones, Yosbrey Conchado, Antonio Sturgis, David Devito. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Kauff's, #3 Summon(s) Guardian, #4 Summon(s) Russell)(Levine, Daniel) |
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