Baptiste v. First Watch Restaurants, Inc.
| Menasse Baptiste and Jelani Barnes |
| First Watch Restaurants, Inc. d/b/a First Watch Restaurant and First Watch Restaurants, Inc. a Foreign Profit Corporation doing business as First Watch Restaurant |
| 9:2021cv82057 |
| November 11, 2021 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Job Discrimination (Race) |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 30, 2022. A more recent docket listing may be available from PACER.
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Filing 39
ORDER CLOSING CASE. Dismissing Case / Closing Case. (With Prejudice) Signed by Judge Donald M. Middlebrooks on 6/30/2022. See attached document for full details. (mee)
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| Filing 38 STIPULATION of Dismissal by First Watch Restaurants, Inc. (Bowen, Nailah) |
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Filing 37
ORDER ON MOTION TO STAY, granting in part #34 Motion to Stay. Signed by Judge Donald M. Middlebrooks on 6/21/2022. See attached document for full details. (mee)
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Filing 36
ORDER TERMINATING ATTORNEY. Attorney Jason Saul Remer representing Baptiste, Menasse (Plaintiff) and Barnes, Jelani (Plaintiff) terminated. Signed by Judge Donald M. Middlebrooks on 6/21/2022. See attached document for full details. (mee)
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| Filing 35 NOTICE of Compliance by Menasse Baptiste, Jelani Barnes re #33 Order on Motion to Withdraw as Attorney, (Remer, Jason) |
| Filing 34 MOTION to Stay Pretrial and Trial Activities and to Reset Deadlines by First Watch Restaurants, Inc.. Responses due by 7/5/2022 (Attachments: #1 Text of Proposed Order)(Bowen, Nailah) |
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Filing 33
ORDER GRANTING MOTION TO WITHDRAW AND EXTENDING DEADLINES,granting in part #27 Motion to Withdraw as Attorney. Deadline to obtain new counsel 7/6/2022. Signed by Judge Donald M. Middlebrooks on 6/16/2022. See attached document for full details. (mee)
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Filing 32
ORDER OF CLARIFICATION re #23 Order on Motion for Sanctions. Signed by Judge Donald M. Middlebrooks on 6/16/2022. See attached document for full details. (mee)
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| Filing 31 RESPONSE to Motion re #27 MOTION to Withdraw as Attorney by Jason S. Remer for / filed by First Watch Restaurants, Inc.. Replies due by 6/21/2022. (Bowen, Nailah) |
| Filing 30 Plaintiff's RESPONSE to #25 Notice (Other), 26 Order,,,, Set/Reset Motion/R&R Deadlines and Hearings,,, by Menasse Baptiste, Jelani Barnes. (Remer, Jason) |
| Filing 29 MEMORANDUM in Support re #23 Order on Motion for Sanctions, by First Watch Restaurants, Inc.. (Attachments: #1 Exhibit A to the Supplemental Memorandum on the Reasonableness of Fees, #2 Exhibit B to the Supplemental Memorandum on the Reasonableness of Fees.)(Bowen, Nailah) |
| Set Deadlines as to #27 MOTION to Withdraw as Attorney by Jason S. Remer per DE#28. Responses due by 6/13/2022. Replies due by 6/15/2022. (scn) |
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Filing 28
PAPERLESS ORDER EXPEDITING BRIEFING re #27 Plaintiff's Counsel's Motion to Withdraw. Plaintiffs' counsel moves to withdraw as counsel for both Plaintiffs. (DE #27 ). The motion indicates that Defendant opposes the requested relief, and so to resolve this issue without unnecessary delay, I will expedite the briefing schedule. Defendant must file a Response by June 13, 2022, setting forth the basis for its opposition. Plaintiffs' counsel may file a Reply by June 15, 2022. Signed by Judge Donald M. Middlebrooks on 6/7/2022. (kal)
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| Filing 27 MOTION to Withdraw as Attorney by Jason S. Remer for / by Menasse Baptiste, Jelani Barnes. Responses due by 6/21/2022 (Remer, Jason) |
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Filing 26
PAPERLESS ORDER EXPEDITING BRIEFING re #25 Defendant's Notice of Plaintiffs' Non-Compliance With Order on Motion for Sanctions. Defendant seeks to renew its motion for dismissal in light of Plaintiffs' alleged non-compliance with my Order on Motion for Sanctions. I find it necessary to expedite a response, in light of the posture of this case. Accordingly, Plaintiffs must file a response on or by June 10, 2022. Defendant may file a Reply by June 14, 2022. To the extent that Plaintiffs' counsel has been unable to communicate with Mr. Barnes, counsel must specifically detail all efforts to communicate with Mr. Barnes about the discovery disputes at issue. Signed by Judge Donald M. Middlebrooks on 6/6/2022. (kal)
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| Filing 25 NOTICE by First Watch Restaurants, Inc. re #23 Order on Motion for Sanctions, of Plaintiffs' Non-Compliance (Bowen, Nailah) |
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Filing 24
ORDER SCHEDULING SETTLEMENT CONFERENCE VIA ZOOM VTC - Settlement Conference set for 7/7/2022 9:00 AM before Magistrate Judge William Matthewman via Zoom VTC. Signed by Magistrate Judge William Matthewman on 6/2/2022. See attached document for full details. (scn)
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Filing 23
ORDER ON MOTION FOR SANCTIONS, granting #18 Motion for Sanctions. Discovery due by 6/20/2022. Expert Discovery due by 6/20/2022. Fact Discovery due by 6/20/2022. Status Report due by 6/2/2022. Signed by Judge Donald M. Middlebrooks on 5/26/2022. See attached document for full details. (mee)
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Filing 22
ORDER REFERRING CASE TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. REFERRING CASE to Magistrate Judge William Matthewman for a settlement conference. Signed by Judge Donald M. Middlebrooks on 5/27/2022. See attached document for full details. (mee)
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| Filing 21 RESPONSE in Support re #18 MOTION for Sanctions or Alternatively, to Extend Discovery and for a Settlement Conference filed by First Watch Restaurants, Inc.. (Bowen, Nailah) |
| Filing 20 RESPONSE to Motion re #18 MOTION for Sanctions or Alternatively, to Extend Discovery and for a Settlement Conference filed by Menasse Baptiste, Jelani Barnes. Replies due by 5/31/2022. (Remer, Jason) |
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Filing 19
PAPERLESS ORDER EXPEDITING BRIEFING re #18 Defendant's Motion for Sanctions. Defendant filed a motion seeking dismissal as a sanction or alternatively, an order to compel Plaintiffs' depositions and extend certain deadlines, among other relief. The certificate of conferral indicates that the motion is opposed in part. The certificate also reflects that Plaintiffs' counsel has been unable to reach Plaintiff Jelani Barnes and thus Plaintiffs' counsel takes no position on Defendant's request for dismissal of Mr. Barnes' claims or related fee requests. Given the posture of this case, expedited briefing on Defendant's motion is necessary. Accordingly, Plaintiffs shall file their Response on or by May 23, 2022, and therein, Plaintiffs shall fully set forth the basis for their opposition. Additionally, Plaintiffs' counsel must ensure that Mr. Barnes is aware of the pendency of this motion and that Mr. Barnes fully responds by the expedited deadline. If Mr. Barnes does not respond to this motion, I will consider the requested relief to be unopposed with respect to Mr. Barnes. If Defendant wishes to file a Reply, it may do so by May 25, 2022. Signed by Judge Donald M. Middlebrooks on 5/17/2022. (kal)
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| Filing 18 MOTION for Sanctions or Alternatively, to Extend Discovery and for a Settlement Conference by First Watch Restaurants, Inc.. (Attachments: #1 Exhibit A - Deposition Notices, #2 Exhibit B - Certificate of Non-Appearance, #3 Exhibit C - Failure to Appear Email Thread, #4 Exhibit D - YouTube post, #5 Exhibit E - Defendants First Request for Production of Documents, #6 Exhibit F - Discovery Requests Email Thread, #7 Exhibit G - Court Reporter Fees, #8 Exhibit H - Responses to Defendant's First Set of Requests for Production of Document, #9 Exhibit I - Text Messages, #10 Text of Proposed Order)(Bowen, Nailah) |
| Filing 17 Clerks Notice to Filer re #16 Notice of Mediator Selection and/or Hearing. Mediator Not Added. ERROR. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the mediator. (lbc) |
| Filing 16 NOTICE of Mediation Hearing. Selected/Added Karen Evans-Putney as Mediator. Mediation Hearing set for 5/18/2022 at 10:00am. (Attachments: #1 Text of Proposed Order)(Remer, Jason) |
| Filing 15 Joint SCHEDULING REPORT - Rule 26(f) by Menasse Baptiste (Remer, Jason) |
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Filing 14
ORDER GRANTING UNOPPOSED MOTION FOR WITHDRAWAL OF COUNSEL. ORDER granting #13 Motion to Withdraw as Attorney. Daniel H. Hunt representing Baptiste, Menasse (Plaintiff) withdrawn from case. Signed by Judge Donald M. Middlebrooks on 1/25/2022. See attached document for full details. (amb)
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| Filing 13 MOTION to Withdraw as Attorney by Daniel H. Hunt for / by Menasse Baptiste. Responses due by 2/7/2022 (Hunt, Daniel) |
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Filing 12
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 1/28/2022., Discovery due by 5/19/2022., Fact Discovery due by 5/19/2022., Expert Discovery due by 5/19/2022., Joinder of Parties due by 1/28/2022., In Limine Motions due by 6/2/2022., Dispositive Motions due by 6/2/2022., Motions due by 6/2/2022., Pretrial Stipulation due by 7/4/2022., Jury Trial set for 8/1/2022 at 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 7/27/2022 at 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 1/21/2022. See attached document for full details. (mee)
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| Filing 11 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 1/21/2022. The Court discussed the trial date, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached and discovery issues and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 16 minutes. Attorney Appearance(s): Jason Saul Remer, Joyce Ackerbaum Cox. (Digital 14:00:42) (kza) |
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Filing 10
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 1/21/22 at 2:00 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed prior to the scheduling conference. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 1/7/2022. (no00)
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Filing 9
ORDER REFERRING CASE to Magistrate Judge William Matthewman for Scheduling Conference, and Setting Trial Date. ( Calendar Call set for 7/27/2022 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 8/1/2022 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 1/4/2022. See attached document for full details. (ls)
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| Filing 8 Joint SCHEDULING REPORT - Rule 16.1 by Menasse Baptiste (Attachments: #1 Text of Proposed Order)(Remer, Jason) |
| Filing 7 NOTICE of Attorney Appearance by Nailah Donnaye Bowen on behalf of First Watch Restaurants, Inc.. Attorney Nailah Donnaye Bowen added to party First Watch Restaurants, Inc.(pty:dft). (Bowen, Nailah) |
| Filing 6 ANSWER and Affirmative Defenses to Amended Complaint by First Watch Restaurants, Inc.. (Ackerbaum Cox, Joyce) |
| Filing 5 First AMENDED COMPLAINT against First Watch Restaurants, Inc., filed by Menasse Baptiste.(Hunt, Daniel) |
| Filing 4 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by First Watch Restaurants, Inc.. (Ackerbaum Cox, Joyce) |
| Filing 3 Corporate Disclosure Statement by First Watch Restaurants, Inc. (Ackerbaum Cox, Joyce) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (mee) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-15166214, filed by First Watch Restaurants, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court File)(Ackerbaum Cox, Joyce) |
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