Nixon v. Broadway Joe's Drive-In, LLC et al
Plaintiff: Lekethia D. Nixon
Defendant: Bruce Caprara and Broadway Joe's Drive-In, LLC
Case Number: 9:2020cv80886
Filed: June 2, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Dave Lee Brannon
Referring Judge: Donald M Middlebrooks
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 0201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 24, 2020 Filing 12 Clerks Entry of Default as to Bruce Caprara - Motions Terminated: #11 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 7/24/2020. (ls)
July 24, 2020 Filing 11 MOTION for Clerks Entry of Default as to Bruce Caprara by Lekethia D. Nixon. (Scott, Cathleen)
July 23, 2020 Opinion or Order Filing 10 PAPERLESS ORDER PROVIDING CLARIFICATION. In a prior Order, I set the deadline for Plaintiff to move for Clerk's Entry of Default and Final Default Judgment as to all Defendants because it appeared that they were served, and their responses to the Complaint were overdue. (DE 6). Upon review of the record, only Defendant Bruce Caprara's response is overdue. (See DE #4 ). Defendant Broadway Joe's Drive-In, LLC was served on July 15, 2020, meaning its response is not due until August 5, 2020. (DE #9 ). Therefore, I will vacate my prior Order (DE 6) to the extent it required Plaintiff to move for Clerk's Entry of Default and Final Default Judgment as to Defendant Broadway Joe's. However, the Order remains in full effect as to Defendant Caprara. As previously stated (see DE 6), failure to comply with the deadlines in that Order may result in dismissal of Caprara without prejudice. Signed by Judge Donald M. Middlebrooks on 7/23/2020. (jdr)
July 22, 2020 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 Lekethia D. Nixon. Broadway Joe's Drive-In, LLC served on 7/15/2020, answer due 8/5/2020. (Scott, Cathleen)
July 20, 2020 Opinion or Order Filing 8 PRETRIAL SCHEDULING ORDER: ( Amended Pleadings due by 8/3/2020., All Discovery due by 10/26/2020., Joinder of Parties due by 8/3/2020., In Limine Motions due by 11/9/2020., Motions due by 11/9/2020., Pretrial Stipulation due by 12/21/2020.), and ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 7/20/2020. See attached document for full details. (ls)
July 20, 2020 Opinion or Order Filing 7 Order Setting FLSA Schedule. Signed by Magistrate Judge Dave Lee Brannon on 7/20/2020. See attached document for full details. (ls)
July 17, 2020 Opinion or Order Filing 6 PAPERLESS ORDER. Plaintiff filed a Return of Service Affidavit indicating that Defendants were served on June 8, 2020, making the deadline for them to respond to the Complaint June 29, 2020. (DE #4 ). Neither Defendant responded by the deadline. Accordingly, if Plaintiff intends to seek final default judgment in this matter, Plaintiff must file a Motion for Clerk's Entry of Default against Defendants on or by July 24, 2020. Any subsequent Motion for Final Default Judgment against Defendant must be made by Plaintiff within ten (10) days after Clerk's entry of default. Pursuant to S.D. Fla. Local Rule 7.1(a)(2), motions for default judgment must be "accompanied by a proposed order that is filed and submitted via e-mail to the Court as prescribed by Section 3I(6) of the CM/ECF Administrative Procedures." Thus, in conjunction with filing any Motion for Final Default Judgment, Plaintiff must send a proposed order in Word format to the Court's e-mail in accordance with Local Rule 7.1(a)(2). Plaintiff's proposed order granting final default judgment must contain legal analysis as to the claims on which Plaintiff is seeking default and how the facts pled, taken as true, justify awarding Plaintiff default judgment. Failure to comply with these deadlines may result in dismissal without prejudice. Signed by Judge Donald M. Middlebrooks on 7/17/2020. (jdr)
July 17, 2020 Opinion or Order Filing 5 ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon for Scheduling Order, and Setting Trial Date. ( Calendar Call set for 1/13/2021 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 1/19/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 7/17/2020. See attached document for full details. (ls)
June 25, 2020 Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Lekethia D. Nixon. Bruce Caprara served on 6/8/2020, answer due 6/29/2020. (Scott, Cathleen)
June 2, 2020 Filing 3 Summons Issued as to Broadway Joe's Drive-In, LLC, Bruce Caprara. (jas)
June 2, 2020 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. (jas)
June 2, 2020 Filing 1 COMPLAINT against Broadway Joe's Drive-In, LLC, Bruce Caprara. Filing fees $ 400.00 receipt number AFLSDC-12968403, filed by Lekethia D. Nixon. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Broadway, #3 Summon(s) Caprara)(Scott, Cathleen)

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Defendant: Bruce Caprara
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Defendant: Broadway Joe's Drive-In, LLC
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Plaintiff: Lekethia D. Nixon
Represented By: Cathleen Ann Scott
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