Simon v. Blue Lagoon Payroll, LLC et al
| Andrew Simon |
| Blue Lagoon Payroll, LLC and Driftwood Hospitality Management, LLC |
| 9:2020cv82174 |
| November 25, 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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This docket was last retrieved on January 21, 2021. A more recent docket listing may be available from PACER.
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| Filing 19 PAPERLESS ORDER RESETTING TELEPHONIC FAIRNESS HEARING: Due to an unforeseen emergency affecting the Court's schedule, the telephonic fairness hearing in this matter is hereby reset to Friday, January 29, 2021, at 3:30 P.M. EST. Instructions for appearances: dial (888) 808-6929 from a landline and enter access code 2036573. Signed by U.S. Magistrate Judge Dave Lee Brannon on 1/21/2021. (jrz) |
| Filing 18 PAPERLESS ORDER RESETTING TELEPHONIC FAIRNESS HEARING (3:30 P.M.): To accommodate a change in the Court's schedule, the telephonic fairness hearing in this matter is hereby reset to 3:30 P.M. EST on Friday, January 22, 2021. Instructions for appearances: dial (888) 808-6929 from a landline and enter access code 2036573. Signed by U.S. Magistrate Judge Dave Lee Brannon on 1/15/2021. (jrz) |
| Filing 17 PAPERLESS ORDER RESETTING TELEPHONIC FAIRNESS HEARING: To accommodate a change in the Court's schedule, the telephonic fairness hearing in this matter is hereby reset to 2:00 P.M. EST on Friday, January 22, 2021. Instructions for appearances: dial (888) 808-6929 from a landline and enter access code 2036573. Signed by U.S. Magistrate Judge Dave Lee Brannon on 1/15/2021. (jrz) |
| Filing 16 PAPERLESS ORDER SETTING TELEPHONIC FAIRNESS HEARING UPON JOINT NOTICE OF SETTLEMENT: The Court is on notice that the parties have fully resolved the claims in this case #15 . The Court congratulates the parties and their counsel on achieving an amicable resolution. Based on the settlement, all previously scheduled hearings and related deadlines are cancelled as moot. 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, a telephonic fairness hearing is set for 3:00 P.M. EST on Thursday, January 21, 2021. Instructions for appearances: dial (888) 808-6929 from a landline and enter access code 2036573. By or before 5:00 P.M. EST on Tuesday, January 19, 2021, the parties shall 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 1/14/2021. (jrz) |
| Filing 15 NOTICE of Settlement by Andrew Simon (Blumstein, Jake) |
Filing 14
ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge Dave Lee Brannon on 1/14/2021. See attached document for full details. (drz)
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| Filing 13 PAPERLESS ORDER 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 Monday, January 25, 2021 At that time, counsel for the parties shall call (888) 808-6929 from a landline and enter access code 2036573. By or before Wednesday, January 20, 2021, counsel shall file a Joint Status Report with a brief overview of the case, an estimate of the time required for trial, the likelihood of settlement, and proposed dates for trial and corresponding pretrial deadlines. Signed by U.S. Magistrate Judge Dave Lee Brannon on 1/14/2021. (jrz) |
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Filing 12
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 1/13/2021. See attached document for full details. (drz)
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| Filing 11 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Andrew Simon (Blumstein, Jake) |
| Filing 10 ANSWER and Affirmative Defenses to Complaint by Blue Lagoon Payroll, LLC, Driftwood Hospitality Management, LLC. Attorney Mendy Halberstam added to party Blue Lagoon Payroll, LLC(pty:dft), Attorney Mendy Halberstam added to party Driftwood Hospitality Management, LLC(pty:dft). (Halberstam, Mendy) |
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Filing 9
PAPERLESS ORDER granting #8 Defendant Blue Lagoon Payroll, LLC's ("Blue Lagoon") Unopposed Motion for Extension of Time. The deadline for Blue Lagoon to respond to the Complaint (DE #1 ) is December 21, 2020. (DE #5 ). The deadline for Defendant Driftwood Hospitality Management, LLC, which is represented by the same counsel as Blue Lagoon, to respond to the Complaint (DE #1 ) is December 29, 2020. (DE #6 ; see DE #8 at 1). Blue Lagoon seeks an extension until December 29, 2020, citing that counsel "was recently retained and is still in the process of obtaining documents and information... necessary to prepare and file both Defendants' responses to Plaintiff's Complaint." (DE #8 at 2). In light of the brief nature of the requested extension and the fact that it is unopposed, as well as Defendants' counsel's representation that it intends to file one response on behalf of Defendants in order to preserve judicial resources, I find good cause to grant the Motion. Therefore, the deadline for Blue Lagoon to respond to the Complaint (DE #1 ) is extended from December 21, 2020, to December 29, 2020. No other litigation deadlines are modified or amended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 12/21/2020. (kal)
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| Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Blue Lagoon Payroll, LLC. Attorney Stephanie M. Spritz added to party Blue Lagoon Payroll, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Spritz, Stephanie) |
| Filing 7 Statement of: Claim by Andrew Simon (Blumstein, Jake) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Andrew Simon. Driftwood Hospitality Management, LLC served on 12/8/2020, answer due 12/29/2020. (Richards, Jordan) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Andrew Simon. Blue Lagoon Payroll, LLC served on 11/30/2020, answer due 12/21/2020. (Richards, Jordan) |
| Filing 4 NOTICE of Attorney Appearance by Jake Slome Blumstein on behalf of Andrew Simon. Attorney Jake Slome Blumstein added to party Andrew Simon(pty:pla). (Blumstein, Jake) |
| Filing 3 Summons Issued as to Blue Lagoon Payroll, LLC, Driftwood Hospitality Management, LLC. (cds) |
| 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. (cds) |
| Filing 1 COMPLAINT AND DEMAND FOR JURY TRIAL against Blue Lagoon Payroll, LLC, Driftwood Hospitality Management, LLC. Filing fees $ 400.00 receipt number AFLSDC-13927367, filed by Andrew Simon. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) as to Blue Lagoon Payroll, LLC, #3 Summon(s) as to Driftwood Hospitality Management, LLC)(Richards, Jordan) |
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