Furlong v. Falcone Enterprises, Inc. et al
| James Furlong |
| Falcone Enterprises, Inc. a Florida Profit Corporation doing business as V & S Italian Deli, Vincent Falcone and Salvatore Falcone |
| 9:2020cv81284 |
| August 7, 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
RSS Track this Docket
This docket was last retrieved on September 28, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 22 PAPERLESS ORDER UPON JOINT NOTICE OF SETTLEMENT: The Court is on notice that this case is fully settled #21 . The Court congratulates the parties and their counsel on achieving an amicable resolution. Based on the settlement, all scheduled hearings and existing pretrial deadlines are cancelled as moot, subject to being reset if necessary. 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. App'x 349, 351 (11th Cir. 2009). Thus, by or before 5:00 P.M. EST on Monday, October 19, 2020, the parties shall (1) file their joint motion for settlement approval, and (2) either file in the record or submit to the Court via email (brannon@flsd.uscourts.gov) a fully-executed copy of the parties' settlement agreement for the required 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 9/28/2020. (jrz) |
| Filing 21 NOTICE of Settlement by James Furlong (Storch, Noah) |
| Hearing(s) terminated re: DE #14 as to prior presider. (jmd) |
Filing 20
ORDER SETTING FLSA SCHEDULE. (Statement of Claim due by 10/5/2020). Signed by Magistrate Judge Dave Lee Brannon on 9/24/2020. See attached document for full details. (mc)
|
|
Filing 19
ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge Dave Lee Brannon on 9/24/2020. See attached document for full details. (mc)
|
| Filing 18 PAPERLESS ORDER REQUIRING JOINT STATUS REPORT AND SETTING TELEPHONIC STATUS CONFERENCE: Upon the parties' consent to U.S. Magistrate Judge jurisdiction, a telephonic status conference is set for 2:00 P.M. on Tuesday, October 6, 2020. To appear, counsel shall call (888) 808-6929 and enter access code 2036573. By 12:00 PM Noon EST next Friday, October 2, 2020, counsel shall file a Joint Status Report with (1) a brief overview of the case, (2) an estimate of the time required for trial, (3) the likelihood of settlement, and (4) proposed dates for trial and corresponding pretrial deadlines. Due to COVID-19, the Court expresses its willingness to be flexible with any upcoming deadlines and encourages the parties to work together in a good faith effort to move this case along as expeditiously as possible under the circumstances. Signed by U.S. Magistrate Judge Dave Lee Brannon on 9/24/2020. (jrz) |
|
Filing 17
ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon for all further proceedings including trial and entry of judgment. Judge Donald M. Middlebrooks no longer assigned as presider judge in case. Signed by Judge Donald M. Middlebrooks on 9/24/2020. See attached document for full details. (mc)
|
| Filing 16 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by James Furlong (Storch, Noah) |
|
Filing 15
PAPERLESS ORDER granting in part #13 Defendants' Unopposed Motion for Extension of Time. The deadline for Defendants Falcone Enterprises, Inc., Vincent Falcone, and Salvatore Falcone to respond to the Complaint (DE #1 ) was September 8, 2020. (DE #9 ; DE #10 ; DE #11 ). Now, two weeks later, Defendants seek a 14-day extension, citing that "Defendants['] counsel engaged in an investigation of the issues as raised in the Complaint, but due to the current remote/distance requirements, has been unable to complete its investigation." (DE #13 ). Motions to extend litigation deadlines must set forth good cause supported by specific facts. Defendants' motion is supported by conclusory assertions which do not provide the court with any basis upon which to evaluate whether good cause exists to grant the requested relief. Nevertheless, I note that the extension is unopposed and so I will grant Defendants' motion in part. Curiously, Defendants seek an extended deadline of October 12, 2020, which conflicts with their request for a two week extension from the September 8, 2020 deadline. (Id.) I will grant only a short additional extension, as Defendants' Answer is already two weeks late. Therefore, the deadline for Defendants to respond to the Complaint (DE #1 ) is extended to September 29, 2020. No other litigation deadlines are modified or amended as a result of this Order. Future requests for extensions will be denied unless the moving party can establish that a particular deadline could not be met despite diligent efforts. Moreover, going forward, counsel must ensure that extensions are sought in advance of the deadline sought to be extended. Signed by Judge Donald M. Middlebrooks on 9/23/2020. (kal)
|
|
Filing 14
ORDER REFERRING CASE AND SETTING TRIAL DATE: (Jury Trial set for 3/1/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 2/24/2021 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon to enter a Scheduling Order. Signed by Judge Donald M. Middlebrooks on 9/22/2020. See attached document for full details. (mc) #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.
|
| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Salvatore Falcone, Vincent Falcone, Falcone Enterprises, Inc.. (Oberweger, Craig) |
| Filing 12 NOTICE of Attorney Appearance by Craig M Oberweger on behalf of Salvatore Falcone, Vincent Falcone, Falcone Enterprises, Inc.. Attorney Craig M Oberweger added to party Salvatore Falcone(pty:dft), Attorney Craig M Oberweger added to party Vincent Falcone(pty:dft), Attorney Craig M Oberweger added to party Falcone Enterprises, Inc.(pty:dft). (Oberweger, Craig) |
| 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 James Furlong. Vincent Falcone served on 8/17/2020, answer due 9/8/2020. (Harne, Alexander) |
| 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 James Furlong. Salvatore Falcone served on 8/17/2020, answer due 9/8/2020. (Harne, Alexander) |
| 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 James Furlong. Falcone Enterprises, Inc. served on 8/17/2020, answer due 9/8/2020. (Harne, Alexander) |
| Filing 8 Summons Issued as to Salvatore Falcone, Falcone Enterprises, Inc.. (dj) |
| Filing 7 NOTICE of Filing Proposed Summons(es) by James Furlong (Storch, Noah) |
| Filing 6 NOTICE of Filing Proposed Summons(es) by James Furlong (Storch, Noah) |
| Filing 5 Clerks Notice to Filer re: Summons(es) cannot be issued. Summons NOT issued for the following reason - Remaining Summonses are Made out to same defendant (Vincent Falcone). (drz) |
| Filing 4 NOTICE of Attorney Appearance by Alexander Thomas Harne on behalf of James Furlong (Harne, Alexander) |
| Filing 3 Summons Issued as to Vincent Falcone. (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 against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13314476, filed by James Furlong. (Attachments: #1 Summon(s) RA, #2 Summon(s) Vincent Falcone, #3 Summon(s) Salvatore Falcone, #4 Civil Cover Sheet)(Storch, Noah) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
