Gutierrez Perez v. #1 Asian Buffet Inc. et al
| Carlos Efrain Gutierrez Perez |
| #1 Asian Buffet Inc., Jin Bin Wu and Rendong Yuan |
| 9:2022cv81437 |
| September 14, 2022 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 18
AMENDED ORDER SETTING JURY TRIAL AND PRETRIAL DEADLINES: Jury Trial (2-4 day) set for 6/12/2023 at 9:00 AM in West Palm Beach Division before Magistrate Judge William Matthewman. Calendar Call set for 6/7/2023 at 2:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman. Pretrial Schedule: November 23, 2022 As discussed in the Courts Order Setting FLSA Schedule [DE 8], Plaintiff shall file a statement of claim setting forth: (1) the period of time in which Plaintiff was employed by Defendant(s); (2) the amount of the alleged unpaid wages; (3) the calculation of such wages (hours worked and hourly rate); (4) the nature of the wages (e.g. overtime or regular); and (5) the dates of the alleged violations. Plaintiff shall serve the statement of claim, together with copies of all documents supporting the claim (e.g. time slips, pay stubs) on defense counsel. November 30, 2022 Defendant(s) shall file with this Court a response, which is to include all hours worked by Plaintiff during each relevant pay period, and the rate of pay and wages paid, including overtime pay, if any. Defendant(s) shall serve on Plaintiffs counsel (but not file) a copy of all time sheets and payroll records that support or relate to the time periods in the response. December 7, 2022 Counsel for all parties shall meet and confer in person or by videoconference to settle all pending issues, including attorneys fees and costs. Counsel shall have full authority to settle, and shall set aside sufficient time for a thorough, detailed, and meaningful discussion that is calculated to fully resolve the case by agreement. As part of this meet and confer process, the parties shall exchange any remaining disclosures required by Rule 26 of the Federal Rules of Civil Procedure. December 14, 2022 A designated party shall file a Joint Report Regarding Settlement that notifies the Court whether: (1) the parties have settled the case; (2) the parties have not settled but wish to continue settlement discussions for a specific period of time; (3) the parties wish to engage in either a formal mediation conference before a specific mediator or a settlement conference before a United States Magistrate Judge; or (4) the parties have exhausted all settlement efforts and will continue abiding by the remainder of the deadlines set forth in this Amended Order Setting Jury Trial and Pretrial Deadlines. December 20, 2022 Any written discovery, apart from subpoenas to third parties, shall be issued. March 6, 2023 All discovery shall be completed. While the parties do not anticipate any expert discovery, this deadline shall apply to both fact and expert discovery. March 13, 2023 The parties shall exchange and file with the Court a list of witnesses and proposed trial exhibits. March 20, 2023 The parties shall file any dispositive motions, including motions for summary judgment, motions in limine, and Daubert motions.March 27, 2023 Deadline to complete mediation and/or settlement conference. May 15, 2023 Joint Pretrial Stipulation shall be filed. Designations of deposition testimony shall be made. May 22, 2023 Objections to designations of deposition testimony shall be filed. Late designations shall not be admissible absent exigent circumstances. May 29, 2023 Proposed jury instructions and proposed jury forms shall be filed. Signed by Magistrate Judge William Matthewman on 11/10/2022. See attached document for full details. (kza) #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 17 SCHEDULING REPORT - Rule 16.1 by Carlos Efrain Gutierrez Perez (Schlade, Daniel) |
| Filing 16 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The Hearing was held via Zoom Video Teleconference. Status Conference held on 11/8/2022. The Court discussed possible trial dates. The Court will specially set the jury trial for June 12, 2023 at 9:00 AM. The parties estimated the trial length at 2-4 days. Joint proposed scheduling order due on or before Tuesday November 15, 2022. Written Scheduling Order to be issued. Total time in court: 06 minutes. Attorney Appearance(s): Daniel Ian Schlade, Fiorella del Aguila. (Digital 14:59:43) (kza) |
| Jury trial and Calendar call have been terminated per de #11 . (ogn) |
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Filing 15
ORDER SETTING DISCOVERY PROCEDURE: Signed by Magistrate Judge William Matthewman on 10/25/2022. See attached document for full details. (mab)
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Filing 14
PAPERLESS ORDER: THIS CAUSE is now set before the Undersigned United States Magistrate Judge for all further purposes, including trial. [DE 12; DE 13]. Being fully advised in the premises, the Court hereby ORDERS that a status conference shall be held on November 8, 2022, at 3:00 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 on time in attire appropriate for a federal court hearing 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 10/25/2022. (cpe)
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Filing 13
ORDER OF REFERENCE to Magistrate Judge William Matthewman for Trial. Judge Donald M. Middlebrooks no longer assigned as presiding judge in case. Signed by Judge Donald M. Middlebrooks on 10/24/2022. See attached document for full details. (mab)
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| Filing 12 Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Carlos Efrain Gutierrez Perez (Schlade, Daniel) |
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Filing 11
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: Amended Pleadings due by 10/26/2022. Discovery due by 12/29/2022. Fact Discovery due by 12/29/2022. Expert Discovery due by 12/29/2022. Joinder of Parties due by 10/26/2022. In Limine Motions due by 1/12/2023. Dispositive Motions due by 1/12/2023. Motions due by 1/12/2023. Pretrial Stipulation due by 2/13/2023. Jury Trial set for 3/13/2023 9:00 AM before Judge Donald M. Middlebrooks. Calendar Call set for 3/8/2023 1:15 PM before Judge Donald M. Middlebrooks. ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 10/17/2022. See attached document for full details. (mab) #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. Modified on 10/18/2022 (mab).
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| Filing 10 PAPERLESS Minute Entryfor proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 10/17/2022. The Court discussed whether parties would be added, there are no motions pending, 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, the local rules, discovery, 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): Daniel Ian Schlade, Fiorella del Aguila. (Digital 14:01:13) (kza) |
| Filing 9 ANSWER and Affirmative Defenses to Complaint by Jin Bin Wu, #1 Asian Buffet Inc., Rendong Yuan. Attorney Puemsuk Tony Pornprinya added to party Jin Bin Wu(pty:dft), Attorney Puemsuk Tony Pornprinya added to party #1 Asian Buffet Inc.(pty:dft), Attorney Puemsuk Tony Pornprinya added to party Rendong Yuan(pty:dft). (Pornprinya, Puemsuk) |
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Filing 8
ORDER SETTING FLSA SCHEDULE Signed by Magistrate Judge William Matthewman on 10/11/2022. See attached document for full details. (swr)
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Filing 7
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 10/17/2022 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 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 10/11/2022. (cpe)
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Filing 6
ORDER REFERRING CASE AND SETTING TRIAL DATE: Jury Trial set for 3/13/2023 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 3/8/2023 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. ORDER REFERRING CASE to Magistrate Judge William Matthewman with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 10/7/2022. See attached document for full details. (mab) #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 5 Summons Issued as to Jin Bin Wu, Rendong Yuan. (scn) |
| Filing 4 NOTICE of Filing Proposed Summons(es) by Carlos Efrain Gutierrez Perez (Attachments: #1 Summon(s), #2 Summon(s)) (Schlade, Daniel) |
| Filing 3 Summons Issued as to #1 Asian Buffet Inc. (mab) |
| 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. (mab) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15949532, filed by Carlos Efrain Gutierrez Perez. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Supplement, #4 Summon(s))(Schlade, Daniel) |
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