Adamo et al v. Waxin's Restaurant, LLC et al
| Phillip Adamo, Samantha Balboa and Eric Jackson |
| Waxin's Restaurant, LLC and Patrik Waxin |
| 9:2025cv80160 |
| February 4, 2025 |
| U.S. District Court for the Southern District of Florida |
| Ryon M McCabe |
| Labor: Fair Standards |
| 15 U.S.C. § 5 (a) Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 2, 2025. A more recent docket listing may be available from PACER.
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| Filing 28 Joint MOTION for Settlement Approval by Phillip Adamo, Samantha Balboa, Eric Jackson. Responses due by 4/16/2025. (Schofield, Arthur) |
| Filing 27 PAPERLESS ORDER SETTING FAIRNESS HEARING: Parties have advised that they reached a settlement. A Fairness Hearing shall be conducted via Zoom (VTC) on April 8, 2025, at 2:00 PM in the West Palm Beach Division before Magistrate Judge Ryon McCabe. To log in through ZoomGov Meeting, use Meeting ID: 160 263 9132 and Passcode: 929006. All participants at the hearing are expected to appear by both audio and video. Accordingly, by or before April 4, 2025, the parties shall: (1) file a Joint Motion to Approve Settlement, and (2) submit via email ([email protected]) a fully-executed settlement agreement so that the Court can review the agreement in camera for fairness. (sim) |
Filing 26
ORDER REFERRING CASE to Magistrate Judge Ryon M. McCabe for Trial. Judge Aileen M. Cannon no longer assigned as presider/referral judge(s) in case. Signed by Judge Aileen M. Cannon on 3/27/2025. See attached document for full details. (pc)
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| Filing 25 Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Phillip Adamo, Samantha Balboa, Eric Jackson (Schofield, Arthur) |
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Filing 24
ORDER ON SETTLEMENT IN ACTIONS BROUGHT UNDER THE FAIR LABOR STANDARDS ACT re #22 Notice of Settlement filed by Samantha Balboa, Phillip Adamo, Eric Jackson. Accordingly, it is hereby ORDERED AND ADJUDGED as follows: The parties shall file a joint motion for approval of the proposed FLSA settlement agreement on or before April 4, 2025. Signed by Judge Aileen M. Cannon on 3/26/2025. See attached document for full details. (pc)
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| Filing 23 PAPERLESS NOTICE CANCELING SETTLEMENT CONFERENCE: In light of DE #22 Notice of Settlement, the Settlement Conference scheduled for April 1, 2025 at 1pm is hereby cancelled. Signed by Magistrate Judge Ryon M. McCabe on 3/26/2025. (sim) |
| Filing 22 NOTICE of Settlement by Phillip Adamo, Samantha Balboa, Eric Jackson (Schofield, Arthur) |
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Filing 21
ORDER OF DISMISSAL AS TO PLAINTIFF NICHOLAS MARTEL re #19 Notice of Voluntary Dismissal Signed by Judge Aileen M. Cannon on 3/17/2025. See attached document for full details. (pc)
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Filing 20
ORDER SCHEDULING SETTLEMENT CONFERENCE VIA ZOOM VTC Settlement Conference set for 4/1/2025 01:00 PM via Zoom video teleconference (VTC) before Magistrate Judge Ryon M. McCabe. Signed by Magistrate Judge Ryon M. McCabe on 3/14/2025. See attached document for full details. (pc)
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| Filing 19 NOTICE of Voluntary Dismissal by Nicholas Martel (Schofield, Arthur) |
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Filing 18
PAPERLESS ORDER granting #17 Motion for Settlement Conference. The Court will set the settlement conference by separate Order to take place on April 1, 2025 at 1:00 PM. Signed by Magistrate Judge Ryon M. McCabe on 3/14/2025. (sim)
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| Filing 17 Joint MOTION for Settlement Conference with Magistrate Judge by Phillip Adamo, Samantha Balboa, Eric Jackson, Nicholas Martel. Responses due by 3/28/2025. (Schofield, Arthur) |
| Filing 16 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Phillip Adamo, Samantha Balboa, Eric Jackson, Nicholas Martel (Schofield, Arthur) |
| Filing 15 NOTICE of Compliance by Phillip Adamo, Samantha Balboa, Eric Jackson, Nicholas Martel re #7 Order of Requirements,, Order Referring Case to Magistrate Judge, (Schofield, Arthur) |
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Filing 14
PAPERLESS ORDER granting #13 Defendants' Unopposed Motion for an Extension of Time to Respond to Plaintiffs' Complaint. On or before March 25, 2025, Defendants shall file separate answers or a combined response to Plaintiffs' Complaint #1 , in accordance with the Court's Order Requiring Combined Responses #6 . Signed by Judge Aileen M. Cannon on 3/6/2025. (jco)
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| Set/Reset Response/Answer Due Deadline: Patrik Waxin response/answer due 3/25/2025; Waxin's Restaurant, LLC response/answer due 3/25/2025. Per DE 14 Order. (ebz) |
| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Waxin's Restaurant, LLC, Patrik Waxin. (Leibovitch, Ellen) |
| Filing 12 NOTICE of Attorney Appearance by Ellen Marcie Leibovitch on behalf of Waxin's Restaurant, LLC, Patrik Waxin. Attorney Ellen Marcie Leibovitch added to party Waxin's Restaurant, LLC(pty:dft), Attorney Ellen Marcie Leibovitch added to party Patrik Waxin(pty:dft). (Leibovitch, Ellen) |
| 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 Nicholas Martel, Phillip Adamo, Eric Jackson, Samantha Balboa. Patrik Waxin served on 2/21/2025, response/answer due 3/14/2025. (Schofield, Arthur) |
| Filing 10 Statement of: Claim by Phillip Adamo, Samantha Balboa, Eric Jackson, Nicholas Martel (Schofield, Arthur) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Nicholas Martel, Phillip Adamo, Eric Jackson, Samantha Balboa. Waxin's Restaurant, LLC served on 2/12/2025, response/answer due 3/5/2025. (Schofield, Arthur) |
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Filing 8
P PAPERLESS ORDER: This matter has been referred to the undersigned for a settlement conference #7 . Accordingly, the parties shall file a joint motion setting forth three mutually agreed upon dates to conduct the settlement conference, with all dates falling before the deadline set forth in the Court's Order #7 . Unless both parties agree otherwise, the settlement conference will be conducted via Zoom. Signed by Magistrate Judge Ryon M. McCabe on 2/6/2025. (sim)
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Filing 7
ORDER IN ACTIONS BROUGHT UNDER THE FAIR LABOR STANDARDS ACT (Statement of Claim due by 3/5/2025.), REFERRING CASE to Magistrate Judge Ryon M. McCabe for Settlement Conference. Signed by Judge Aileen M. Cannon on 2/5/2025. See attached document for full details. (pc)
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Filing 6
ORDER REQUIRING COMBINED RESPONSES Signed by Judge Aileen M. Cannon on 2/5/2025. See attached document for full details. (pc)
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Filing 5
NOTICE OF COURT PRACTICES ON SEALING/REDACTION: Notwithstanding the requirements of Local Rule 5.4 and/or any protective order, the parties are prohibited from filing anything under seal or from redacting any content from a court filing or exhibit/attachment (except for the personal data identifiers listed in Section 6A of this District's CM/ECF Administrative Procedures) unless the party with a stated interest in sealing/redaction first seeks and obtains permission from the Court via a motion for leave. The motion for leave must be filed after meaningful conferral with the opposing party (or parties) and be filed publicly except as authorized by prior Court order. Additionally, the motion for leave shall specify the particularized basis for sealing the proposed material; shall describe the information/documents to be sealed with as much specificity as possible but without attaching the proposed sealed material; shall indicate the proposed duration of the seal request and the reasons why means other than sealing are unavailable or unsatisfactory; shall contain a separate certificate of conference section indicating the results of the parties' meaningful conferral; and shall be filed at last three business days before any related deadline to permit adequate Court consideration. The party seeking authorization to seal material shall not file or otherwise attach the subject material until the Court has ruled on the motion for leave. Finally, all parties are advised that mere designation of material as confidential and/or otherwise subject to a protective order does not bind the Court, does not supplant the requirements of the Local Rules on sealing, and does not otherwise relieve the party seeking sealing/redaction from justifying its request under applicable legal principals governing the presumption of public access to civil proceedings. Failure to comply with this Notice may result in immediate unsealing of any unauthorized shielded material. Signed by Judge Aileen M. Cannon on 2/4/2025. (jco)
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| Filing 4 NOTICE of Attorney Appearance by Michael Anthony Pancier on behalf of Phillip Adamo, Samantha Balboa, Eric Jackson, Nicholas Martel (Pancier, Michael) |
| Filing 3 Summons Issued as to Patrik Waxin, Waxin's Restaurant, LLC. (pc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Ryon M. McCabe 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. (pc) |
| Filing 1 COMPLAINT against Patrik Waxin, Waxin's Restaurant, LLC. Filing fees $ 405.00 receipt number AFLSDC-18177197, filed by Nicholas Martel, Phillip Adamo, Eric Jackson, Samantha Balboa. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) LLC, #3 Summon(s) Individual)(Schofield, Arthur) |
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