McCann v. Frigate's Waterfront Bar & Grill, Inc.
| Fitzjohn McCann and Robinson Roman |
| Frigate's Waterfront Bar & Grill, Inc. |
| 9:2022cv80464 |
| March 23, 2022 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 20, 2022. A more recent docket listing may be available from PACER.
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| Filing 22 NOTICE of Attorney Appearance by Gabriel Talan Roberts on behalf of Fitzjohn McCann. Attorney Gabriel Talan Roberts added to party Fitzjohn McCann(pty:pla). (Roberts, Gabriel) |
Filing 21
PAPERLESS ORDER granting #20 Defendant's Unopposed Motion to Continue Case Management Conference. The status conference in this case is re-set for June 21, 2022, at 2:30 p.m., to take place via Zoom Video Teleconference (VTC). To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All participants at the hearing are expected to appear by both audio and video. Signed by Magistrate Judge William Matthewman on 5/12/2022. (no00)
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| Filing 20 Unopposed MOTION to Continue Case Management Conference re 16 Order,,,, Set/Reset Hearings,,, by Frigate's Waterfront Bar & Grill, Inc.. Responses due by 5/26/2022 (Attachments: #1 Text of Proposed Order)(Isaacs, Gary) |
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Filing 19
PAPERLESS ORDER striking Notice of Unavailability #18 . Such notices are not recognized by this Court as they are not proper motions that can be ruled upon. If Defendant is seeking to continue the upcoming status conference, then defense counsel must confer with opposing counsel as required and promptly file an appropriate motion for the Court's consideration. Otherwise, the status conference shall proceed as presently scheduled on June 9, 2022, at 3:30 P.M. Signed by Magistrate Judge William Matthewman on 5/11/2022. (no00)
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| Filing 18 STRICKEN - NOTICE OF UNAVAILABILITY by Frigate's Waterfront Bar & Grill, Inc. for dates of 5/24/22 - 6/13/22 (Isaacs, Gary) Modified/Stricken per DE 19 on 5/11/2022 (pes). |
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Filing 17
ORDER Setting Discovery Procedure. Signed by Magistrate Judge William Matthewman on 5/9/2022. See attached document for full details. (pes)
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Filing 16
PAPERLESS ORDER: THIS CAUSE is before the Court on the Order Referring Case to the undersigned upon the parties' consent #15 . Being fully advised in the premises, the Court hereby ORDERS that a status conference shall be held on June 9, 2022, at 3:30 p.m., to take place via Zoom Video Teleconference (VTC). To log in through ZoomGov Meeting, using Meeting ID: 160 540 3826 and Passcode: 246129. All participants at the hearing are expected to appear by both audio and video. Counsel for the parties shall confer prior to the hearing and be prepared to discuss: (1) proposed changes to the existing pretrial schedule; (2) an estimate of the time required for trial; (3) proposed trial dates; (4) the status of the current litigation; and (5) any other matters which need to be addressed by the parties or the Court. Signed by Magistrate Judge William Matthewman on 5/9/2022. (no00)
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| Jury Trial and Calendar call terminated per DE 16 . Judge Donald M. Middlebrooks no longer assigned as presider Judge in case. (jao) |
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Filing 15
ORDER REFERRING CASE to Magistrate Judge William Matthewman for all further proceedings. Judge Donald M. Middlebrooks no longer assigned as presider/referral judge(s) in case. Signed by Judge Donald M. Middlebrooks on 5/5/2022. See attached document for full details. (vmz)
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| Magistrate Judge William Matthewman no longer assigned to case as referral judge. (vmz) |
| Filing 14 Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Fitzjohn McCann (Scott, Cathleen) |
| Filing 13 NOTICE OF CONSENT TO JOIN as party plaintiff. New Filer(s) Robinson Roman added.. Party(s) Robinson Roman added to plaintiffs group of record, represented by Cathleen Ann Scott.. Attorney Cathleen Ann Scott added to party Robinson Roman(pty:pla). (Scott, Cathleen) |
| Filing 12 JOINT Discovery Plan by Fitzjohn McCann re #10 Scheduling Order,,, Order Referring Case to Mediation,, of Joint Discovery Plan (Scott, Cathleen) |
| Filing 11 Statement of: of Claim by Fitzjohn McCann re #7 Scheduling Order (Attachments: #1 Exhibit 1)(Scott, Cathleen) |
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Filing 10
PRETRIAL SCHEDULING ORDER: ( Amended Pleadings due by 5/26/2022., Discovery due by 8/11/2022., Joinder of Parties due by 5/26/2022., In Limine Motions due by 8/25/2022., Motions due by 8/25/2022., Pretrial Stipulation due by 9/26/2022., Trial set for 10/24/2022 at 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 10/19/2022 at 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 4/26/2022. See attached document for full details. (pes)
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| Filing 9 NOTICE of Attorney Appearance by Gary Allan Isaacs on behalf of Frigate's Waterfront Bar & Grill, Inc.. Attorney Gary Allan Isaacs added to party Frigate's Waterfront Bar & Grill, Inc.(pty:dft). (Isaacs, Gary) |
| Filing 8 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 04/26/2022. The Court directed Defendant's counsel to file a Notice of Appearance. The Court discussed: whether parties would be added - Plaintiff's counsel advised that a Motion for Claas Certification will be filed, the trial period, 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: 21 minutes. Attorney Appearance(s): Cathleen Ann Scott, Gary Isaacs. (Digital 11:00:59) (kza) |
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Filing 7
ORDER Setting FLSA Schedule. Signed by Magistrate Judge William Matthewman on 4/22/2022. See attached document for full details. (pes)
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Filing 6
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 4/26/2022 at 11:00 AM 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 two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. 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 4/21/2022. (cpe)
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Filing 5
ORDER REFERRING CASE to Magistrate Judge William Matthewman to conduct a Scheduling Conference, 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 parties so request., SCHEDULING ORDER: ( Trial set for 10/24/2022 at 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 10/19/2022 at 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 4/20/2022. See attached document for full details. (pes) #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 4 WAIVER OF SERVICE Returned Executed by Fitzjohn McCann. Frigate's Waterfront Bar & Grill, Inc. waiver sent on 3/29/2022, response/answer due 5/31/2022. (Scott, Cathleen) |
| Filing 3 Summons Issued as to Frigate's Waterfront Bar & Grill, Inc.. (kpe) |
| 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. (kpe) |
| Filing 1 COMPLAINT against Frigate's Waterfront Bar & Grill, Inc.. Filing fees $ 402.00 receipt number AFLSDC-15500346, filed by Fitzjohn McCann. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Scott, Cathleen) |
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