SERVIDIO v. FOTO BOYZ INC. et al
| MELANIE A. SERVIDIO |
| FOTO BOYZ INC., PAW EQUITY HOLDINGS, INC. doing business as FOTOBOYZEVENTS. COM, PHILIP WEXLER and MICHAEL WEXLER |
| 9:2022cv81950 |
| December 20, 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 |
| Defendant |
Docket Report
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This docket was last retrieved on April 5, 2023. A more recent docket listing may be available from PACER.
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Filing 32
AMENDED ORDER SETTING JURY TRIAL AND PRETRIAL DEADLINES: Jury Trial set for 3/25/2024 09:00 AM in West Palm Beach Division before Magistrate Judge William Matthewman. Calendar Call set for 3/14/2024 01:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman. Amended Pleadings due by 6/5/2023. Expert Discovery due by 9/11/2023. Fact Discovery due by 9/11/2023. Joinder of Parties due by 6/5/2023. Mediation Deadline 11/30/2023. In Limine Motions due by 1/2/2024. Dispositive Motions due by 1/2/2024. Motions due by 1/2/2024. Pretrial Stipulation due by 1/16/2024. Signed by Magistrate Judge William Matthewman on 4/5/2023. See attached document for full details. (pc) #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 31 NOTICE by MELANIE A. SERVIDIO re 30 Order,, of filing Proposed Scheduling Order (Attachments: #1 Text of Proposed Order) (Palma, Zandro) |
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Filing 30
PAPERLESS ORDER: On March 27, 2023, the parties appeared for a status conference before the Undersigned. The parties were ordered to confer and both file on the docket and submit in Word format a joint proposed scheduling order on or before April 3, 2023. [DE 29]. The parties have failed to do so. Therefore, the parties shall both file on the docket and submit in Word format a joint proposed scheduling order on or before April 6, 2023. The parties are also put on notice that the Court expects full compliance with all verbal and written Court Orders in this case. Signed by Magistrate Judge William Matthewman on 4/4/2023. (no00)
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| Filing 29 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Status Conference held on 3/27/2023. The Court discussed trial dates and pre-trial deadlines. The Jury Trial will be specially set for March 25, 2024 at 9:00 AM. Counsel will confer and both file on the docket and submit in Word format a joint proposed scheduling order on or before April 3, 2023. Written scheduling order will be issued. Total time in court: 08 minutes. Attorney Appearance(s): Robert Edward Blanchfield, Zandro E. Palma, (Digital 10:01:08) (swr) |
| Filing 28 RESPONSE to #16 Statement of claim by Plaintiff by FOTO BOYZ INC., PAW EQUITY HOLDINGS, INC., MICHAEL WEXLER, PHILIP WEXLER. (Blanchfield, Robert) |
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Filing 27
PAPERLESS ORDER granting #26 Defendants' Second Motion for Extension of Time. Good cause shown and because the Motion is unopposed, the short extension requested is granted. Defendants shall file their Response to Plaintiff's Statement of Claim on or before March 24, 2023. Signed by Magistrate Judge William Matthewman on 3/22/2023. (no00)
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| Filing 26 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #6 Order of Requirements to Plaintiff's Statement of Claim by FOTO BOYZ INC., PAW EQUITY HOLDINGS, INC., MICHAEL WEXLER, PHILIP WEXLER. (Attachments: #1 Text of Proposed Order Proposed Order)(Blanchfield, Robert) |
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Filing 25
PAPERLESS ORDER granting #23 Defendants' Motion for Extension of Time. Good cause shown, the short extension requested is granted. Defendants shall file their Response to Plaintiff's Statement of Claim on or before March 22, 2023. Given the circumstances of this case and the fact that it was recently transferred to the Undersigned, the Court does not require a response to the Motion in order to rule. However, all future motions shall contain a Certificate of Conferral in full compliance with the Local Rules. Signed by Magistrate Judge William Matthewman on 3/17/2023. (no00)
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Filing 24
PAPERLESS ORDER: THIS CAUSE is now set before the Undersigned United States Magistrate Judge for all further purposes, including trial. [DE 19; DE 20]. Being fully advised in the premises, the Court hereby ORDERS that a status conference shall be held on March 27, 2023, at 10:00 a.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. 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 3/17/2023. (no00)
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| Filing 23 MOTION for Extension of Time to File Response/Reply/Answer as to #6 Order of Requirements Response to Plaintiff's Statement of Claim by FOTO BOYZ INC., PAW EQUITY HOLDINGS, INC., MICHAEL WEXLER, PHILIP WEXLER. (Blanchfield, Robert) |
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Filing 22
ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge William Matthewman on 3/13/2023. See attached document for full details. (amb)
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| Calendar Call and Jury Trial is terminated before the previously presiding Judge. (jao) |
| Filing 21 Joint SCHEDULING REPORT - Rule 26(f) by MELANIE A. SERVIDIO (Palma, Zandro) |
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Filing 20
ORDER REFERRING CASE to Magistrate Judge William Matthewman for Trial. Judge Donald M. Middlebrooks no longer assigned as presider/referral judge(s) in case. Signed by Judge Donald M. Middlebrooks on 3/9/2023. See attached document for full details. (pc)
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| Filing 19 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by MELANIE A. SERVIDIO (Palma, Zandro) |
| Filing 18 NOTICE of Striking #17 Consent to Jurisdiction by US Magistrate Judge filed by MELANIE A. SERVIDIO by MELANIE A. SERVIDIO (Palma, Zandro) |
| Filing 17 (STRICKEN per DE #18 Notice) Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by MELANIE A. SERVIDIO (Palma, Zandro) Text Modified on 3/7/2023 (amb). |
| Filing 16 Statement of: Claim by MELANIE A. SERVIDIO re #6 Order of Requirements (Palma, Zandro) |
| Filing 15 ANSWER and Affirmative Defenses to Complaint with Jury Demand by FOTO BOYZ INC., PAW EQUITY HOLDINGS, INC., MICHAEL WEXLER, PHILIP WEXLER. Attorney Robert Edward Blanchfield added to party FOTO BOYZ INC.(pty:dft), Attorney Robert Edward Blanchfield added to party PAW EQUITY HOLDINGS, INC.(pty:dft), Attorney Robert Edward Blanchfield added to party MICHAEL WEXLER(pty:dft), Attorney Robert Edward Blanchfield added to party PHILIP WEXLER(pty:dft). (Blanchfield, Robert) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MELANIE A. SERVIDIO. PAW EQUITY HOLDINGS, INC. served on 2/10/2023, response/answer due 3/3/2023. (Palma, Zandro) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MELANIE A. SERVIDIO. MICHAEL WEXLER served on 2/10/2023, response/answer due 3/3/2023. (Palma, Zandro) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MELANIE A. SERVIDIO. PHILIP WEXLER served on 2/15/2023, response/answer due 3/8/2023. (Palma, Zandro) |
| 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 MELANIE A. SERVIDIO. FOTO BOYZ INC. served on 2/10/2023, response/answer due 3/3/2023. (Palma, Zandro) |
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Filing 10
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: (Amended Pleadings due by 2/21/2023., Discovery due by 4/7/2023., Joinder of Parties due by 2/21/2023., Dispositive Motions due by 4/21/2023., Motions due by 4/21/2023., Pretrial Stipulation due by 5/23/2023., Jury Trial set for 6/20/2023 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 6/14/2023 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 2/13/2023. See attached document for full details. (pc) #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 9 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 02/13/2023. Plaintiff's counsel was only present. Plaintiff's counsel advised the Court that the Defendants were recently served last week. The Court directed Plaintiff's counsel to file the return of service as soon as possible. Plaintiff's counsel to inform the Defendant of what transpired at this conference when they appear. Written scheduling order and order of referral to mediation will be issued. Total time in court: 06 minutes. Attorney Appearance(s): Zandro E. Palma, (Digital 14:32:16) (swr) |
| Filing 8 STATUS REPORT as to Service of Process by MELANIE A. SERVIDIO (Attachments: #1 Exhibit A)(Palma, Zandro) |
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Filing 7
PAPERLESS ORDER REQUIRING STATUS REPORT REGARDING SERVICE OF PROCESS. Pursuant to Fed. R. Civ. P. 4(m), a plaintiff has 90 days from the filing of a complaint to serve a defendant. The complaint in this case was filed on December 20, 2022. (DE #1 ). The record reflects that summonses for all defendants were issued on December 20, 2023 (DE #3 ), but no executed returns have been filed. Trial is set for June, and a scheduling conference with the magistrate judge is upcoming. Accordingly, on or before February 9, 2023, Plaintiff shall file a status report describing what efforts have been made to effectuate service of process. Signed by Judge Donald M. Middlebrooks on 2/3/2023. (kal)
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Filing 6
ORDER SETTING FLSA SCHEDULE. Signed by Magistrate Judge William Matthewman on 2/3/2023. See attached document for full details. (drz)
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Filing 5
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 2/13/2023 at 2:30 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 2/3/2023. (no00) Text Modified on 2/3/2023 (amb).
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Filing 4
ORDER REFERRING CASE AND SETTING TRIAL DATE: (Jury Trial set for 6/20/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 6/14/2023 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge William Matthewman to conduct a Scheduling Conference, for the purpose of setting pre-trial deadlines dates, with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 1/18/2023. See attached document for full details. (pc) #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 3 Summons Issued as to FOTO BOYZ INC., PAW EQUITY HOLDINGS, INC., MICHAEL WEXLER, PHILIP WEXLER. (nwn) |
| 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. (nwn) |
| Filing 1 COMPLAINT against FOTO BOYZ INC., PAW EQUITY HOLDINGS, INC., MICHAEL WEXLER, PHILIP WEXLER. Filing fees $ 402.00 receipt number AFLSDC-16184572, filed by MELANIE A. SERVIDIO. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s))(Palma, Zandro) |
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