Cossaboom et al v. NVR Mortgage Finance, Inc. et al
| Melissa Cossaboom, Melissa Collins, Ann Adair Hatch, Joel Hughes, Daniel Tapscott, Jessica Pettry, Christopher Gates, Faran Gaies, Brian Gardner, Lori Jenkins, Elizabeth Galan, Ellen Desmond, Paola Leon, Eva Christenson, John Carlisle, Scotty McCauley and Craig Smolen |
| NVR Mortgage Finance, Inc. and NVR, Inc. |
| 1:2023cv00716 |
| June 6, 2023 |
| US District Court for the Eastern District of Virginia |
| Rossie D Alston |
| John F Anderson |
| Ivan D Davis |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Defendant |
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Filing 202
ORDER that these actions (Civil Action Nos. l:21-cv-1018; l:21-cv-1381; and l:23-cv-716) are DISMISSED with prejudice as to all claims. Signed by District Judge Rossie D. Alston, Jr on 06/27/23. (pmil, )
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Filing 201
ORDERED that the parties' Joint Motion for Consolidation #172 is GRANTED. The above-captioned case shall be consolidated with Cossaboom v. NVR, No. 1:23-CV-716 (RDA/JFA) for all purposes and shall proceed under Joel Hughes v. NVR, Inc., et al., 1:21-cv-1018 (RDA/IDD). The parties are advised to file all further proceedings using this docket number; and it is FURTHER ORDERED that Plaintiffs' Motion for Settlement Approval and Dismissal of Settling Plaintiffs' Claims #169 is GRANTED-IN-PART; and it is FURTHER ORDERED that the parties' settlement agreement (Dkt. 170-3) is APPROVED; and it is FURTHER ORDERED that the parties' Joint Motion to Vacate Trial Deadlines and Moot Certain Motions 184 is GRANTED; and it is FURTHER ORDERED that Defendants' Motion for Summary Judgment in Jenkins #98 , Plaintiffs' Motion for Equitable Tolling #108 , Plaintiffs' Motion for Partial Summary Judgment #136 , Plaintiff's Motion to Seal #139 , and the parties' Joint Motion to Excuse Local Counsel #180 are DENIED as MOOT; and it is FURTHER ORDER that the July 12, 2023 Motions Hearing Date and the July 17, 2023 trial date are VACATED; and it is FURTHER ORDERED that the parties shall submit a stipulated of dismissal or a joint status report indicating why they cannot submit such a stipulation no later than June 23, 2023. Signed by District Judge Rossie D. Alston, Jr on 06/14/2023. (tran)
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| ALL FUTURE DOCKET ENTRIES WILL BE MADE IN THE LEAD CASE 1:21-CV-01018-RDA-IDD. (tran) |
| Case Reassigned to Magistrate Judge Ivan D. Davis. Magistrate Judge John F. Anderson no longer assigned to the case. (tran) |
| Filing 200 Case transferred in from District of Florida Southern; Case Number 9:21-cv-80627. Original file and docket sheet received. |
| Notification of transfer of civil case from the Southern District of FL Case No. 9:21cv80627 to the Eastern District of Virginia. (ldab, ) |
| SYSTEM ENTRY - Case 9:21-cv-80627 electronically transferred out to Virginia Eastern. (pes) [Transferred from Florida Southern on 6/6/2023.] |
| SYSTEM ENTRY - Case 9:21-cv-80627 electronically transferred out to Virginia Eastern. (mee) [Transferred from Florida Southern on 6/6/2023.] |
| Civil Case Terminated per Chambers Request Due to #199 Order Granting Motion to Transfer Case. (jua) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 199
ORDER GRANTING MOTION TO TRANSFER CASE [ECF No. 198], granting #198 Joint Motion to Transfer. Signed by Judge Aileen M. Cannon on 5/22/2023. See attached document for full details. (mee) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 198 Joint MOTION Joint Motion to Transfer by Melissa Cossaboom. (Attachments: #1 Memorandum of Law in Support to Join Motion to Transfer, #2 Text of Proposed Order Proposed Order)(Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 197 NOTICE of Settlement by Melissa Cossaboom (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 196 Notice of Supplemental Authority DEFENDANTS NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF THEIR MOTION TO SEVER FOR TRIAL by NVR Mortgage Finance, Inc., NVR, INC. (Attachments: #1 Exhibit A - Memorandum and Order) (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 195
FIFTH AMENDED SCHEDULING ORDER: Jury Trial set for 9/11/2023 at 09:00 AM in Fort Pierce Division before Judge Aileen M. Cannon. Calendar Call set for 9/5/2023 at 01:45 PM in Fort Pierce Division before Judge Aileen M. Cannon. In Limine Motions due by 8/11/2023. Pretrial Stipulation due by 8/11/2023. Signed by Judge Aileen M. Cannon on 5/1/2023. See attached document for full details. (mee) #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. [Transferred from Florida Southern on 6/6/2023.]
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Filing 194
OMNIBUS ORDER, granting #190 Motion to Reinstate Prior Motions (the Motion), filed on March 30, 2023 [ECF No. 190]. Signed by Judge Aileen M. Cannon on 5/1/2023. See attached document for full details. (mee) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 193 Plaintiff's RESPONSE to Defendants Motion to Reinstate Prior Motions by Melissa Cossaboom. (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 192 RESPONSE TO ORDER TO SHOW CAUSE by Melissa Cossaboom. (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 191 RESPONSE TO ORDER TO SHOW CAUSE re #189 Order to Show Cause by NVR, INC., NVR Mortgage Finance, Inc.. (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 190 MOTION to Reinstate Defendants' Prior Motions by NVR Mortgage Finance, Inc., NVR, INC.. (Attachments: #1 Text of Proposed Order)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 189
ORDER TO SHOW CAUSE. Show Cause Response due by 3/31/2023. Signed by Judge Aileen M. Cannon on 3/29/2023. See attached document for full details. (mee) [Transferred from Florida Southern on 6/6/2023.]
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Filing 188
PAPERLESS ORDER denying #187 Plaintiffs' Motion for Extension of Time. Any Motion to Transfer this Case is due on or before March 27, 2023. Signed by Judge Aileen M. Cannon on 3/23/2023. (aes) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 187 Plaintiff's MOTION for Extension of Time Extend Deadline for Motion to Transfer by Melissa Cossaboom. Responses due by 4/5/2023 (Attachments: #1 Text of Proposed Order Proposed Order)(Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 186
PAPERLESS ORDER granting #185 Joint Motion for Extension of Time. On or before March 27, 2023, the parties shall file the forthcoming Joint Motion to Transfer. The Court's Order staying all deadlines is hereby extended until March 27, 2023 #182 . No further extension of this deadline will be granted. Signed by Judge Aileen M. Cannon on 3/20/2023. (aes) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 185 Joint MOTION for Extension of Time for Motion to Transfer by Melissa Cossaboom, Ann Adair Hatch, Jessica Pettry. Responses due by 3/31/2023 (Attachments: #1 Text of Proposed Order)(Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 184
PAPERLESS ORDER granting #183 Joint Motion for Extension of Time. On or before March 17, 2023, the parties shall file the forthcoming Joint Motion to Transfer. The Court's Order staying all deadlines is hereby extended until March 17, 2023 #182 . Signed by Judge Aileen M. Cannon on 3/13/2023. (aes) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 183 Joint MOTION for Extension of Time to file joint motion for transfer re #182 Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment,, Order on Motion to Sever,, Order on Motion to Stay, by NVR Mortgage Finance, Inc., NVR, INC.. Responses due by 3/24/2023 (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 182
ORDER GRANTING JOINT MOTION TO STAY PENDING MOTION TO TRANSFER [ECF No. 181],denying as moot #144 Motion for Partial Summary Judgment; denying as moot #149 Motion for Summary Judgment; denying as moot #165 Motion to Sever; granting #181 Motion to Stay. Signed by Judge Aileen M. Cannon on 3/1/2023. See attached document for full details. (mee) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 181 Joint MOTION to Stay Pending Motion to Transfer by NVR Mortgage Finance, Inc., NVR, INC.. Responses due by 3/14/2023 (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 180 NOTICE of Settlement (JOINT) by NVR Mortgage Finance, Inc., NVR, INC. (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 179
FOURTH AMENDED SCHEDULING ORDER: In Limine Motions due by 3/28/2023. Pretrial Stipulation due by 3/28/2023. Calendar Call set for 4/18/2023 1:45 PM in Fort Pierce Division before Judge Aileen M. Cannon. Jury Trial set for 4/24/2023 9:00 AM in Fort Pierce Division before Judge Aileen M. Cannon. Signed by Judge Aileen M. Cannon on 12/21/2022. See attached document for full details. (mab) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 178 NOTICE by Melissa Cossaboom Notice of Filing Transcripts (Attachments: #1 Transcripts) (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 177
PAPERLESS ORDER denying #176 Plaintiffs' Motion for Leave to File Confidential Deposition Transcript Under Seal. Upon review of the Motion, the Court finds that Plaintiffs' undeveloped request has not overcome the strong presumption in favor of public access to court proceedings. See Chicago Trib. Co. v. Bridgestone/Firestone, Inc., 263 F.3d 1304, 1311 (11th Cir. 2001). Although a confidentiality agreement may be binding on the parties, it is not binding upon the Court, and it does not supplant the presumption in favor of public access or the requirements of Local Rule 5.4. Century Indem. Co. v. AXA Belgium, No. 11-CIV-7263, 2012 WL 4354816, at *14 (S.D.N.Y. Sept. 24, 2012). Any future request to seal material must be grounded in particularized justifications and be narrowly tailored only to that information that truly requires shielding from public view. Signed by Judge Aileen M. Cannon on 12/7/2022. (aes) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 176 Unopposed MOTION for Leave to File Confidential Deposition Transcript Under Seal by Melissa Cossaboom. (Attachments: #1 Text of Proposed Order Proposed Order)(Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 175 NOTICE by Melissa Cossaboom Notice of Filing Transcripts (Attachments: #1 Transcripts, #2 Transcripts Gaines Part 1, #3 Transcripts Gaines Part 2, #4 Transcripts Carlisle Part 1, #5 Transcripts Carlisle Part 2, #6 Transcripts, #7 Transcripts) (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 174 NOTICE OF WITHDRAWAL OF MOTION by NVR Mortgage Finance, Inc., NVR, INC. re #164 MOTION to Strike Plaintiffs' Expert filed by NVR Mortgage Finance, Inc., NVR, INC. (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 173 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Motion Hearing held on December 2, 2022. The Court heard arguments from the parties on the Motions for Summary Judgment #144 #149 , Defendants' Motion to Strike Plaintiffs' Expert #164 , and Defendants' Motion to Sever for Trial #165 . The Court takes the Motions under advisement. Order to follow. As stated in open Court, on or before December 6, 2022, and pursuant to the parties' agreement, Defendants shall file a Notice of Withdrawal as relates to Defendants' Motion to Strike Plaintiffs' Expert #165 . Additionally, by the same date, the parties shall file a full copy of the deposition transcripts for the eight Plaintiffs on which Defendants claim that there is no evidence of knowledge of off-the-clock work [ECF No. 152 pp. 3-13]. Total time in court: 105 minutes. Attorney Appearances: Kayla M. Kienzle and Michele R. Fisher (Counsel for Plaintiffs) and Barry J. Miller and Hillary Massey (Counsel for Defendants). Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (aes) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 172 REPLY to Response to Motion re #165 MOTION to Sever For Trial filed by NVR Mortgage Finance, Inc., NVR, INC.. (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 171 REPLY to Response to Motion re #164 MOTION to Strike Plaintiffs' Expert filed by NVR Mortgage Finance, Inc., NVR, INC.. (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 170 RESPONSE in Opposition re #165 MOTION to Sever For Trial filed by Melissa Cossaboom, Ann Adair Hatch, Jessica Pettry. Replies due by 12/2/2022. (Attachments: #1 Exhibit Pls. Ans. to Defs. Irrogs, #2 Exhibit Loan Officer Job Descriptions, #3 Exhibit Loan Processor Job Description, #4 Exhibit Sept. 1, 2022 Defs. Am. Ans. to Irrogs., #5 Exhibit Plaintiff Performance Reviews)(Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 169 RESPONSE in Opposition re #164 MOTION to Strike Plaintiffs' Expert Witness From Testifying filed by Melissa Cossaboom. Replies due by 11/30/2022. (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 168 NOTICE of Attorney Appearance by Tamra Carsten Givens on behalf of Melissa Cossaboom. Attorney Tamra Carsten Givens added to party Melissa Cossaboom(pty:pla). (Givens, Tamra) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 167 PAPERLESS NOTICE: In addition to the Cross-Motions for Summary Judgment #144 #149 , the parties should be prepared to discuss #164 Defendants' Motion to Strike Plaintiffs' Expert and #164 Defendants' Motion to Sever for Trial #165 at the Motion Hearing scheduled for December 2, 2022 154 . Signed by Judge Aileen M. Cannon on 11/21/2022. (aes) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 166 MEMORANDUM in Support re #165 MOTION to Sever For Trial by NVR Mortgage Finance, Inc., NVR, INC.. (Attachments: #1 Exhibit 1 LaMay Deposition, #2 Exhibit 2 Allende Perez Deposition, #3 Exhibit 3 Carlisle Deposition, #4 Exhibit 4 Cossaboom Deposition, #5 Exhibit 5 Gaines Deposition, #6 Exhibit 6 Leadens Deposition, #7 Exhibit 7 Leon Deposition, #8 Exhibit 8 Gates Deposition, #9 Exhibit 9 Pettry Deposition, #10 Exhibit 10 Nixon Deposition, #11 Exhibit 11 Hatch Deposition)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 165 MOTION to Sever For Trial by NVR Mortgage Finance, Inc., NVR, INC.. Responses due by 11/28/2022 (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 164 MOTION to Strike Plaintiffs' Expert by NVR Mortgage Finance, Inc., NVR, INC.. Responses due by 11/28/2022 (Attachments: #1 Dr. Fox Expert Report, #2 Expert's Opt-In Dates)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 163 RESPONSE to #157 Response/Reply (Other),,,,, to Plaintiffs' Additional Facts by NVR Mortgage Finance, Inc., NVR, INC.. (Attachments: #1 Exhibit Matz Deposition Transcript, #2 Exhibit Williams Deposition Transcript, #3 Exhibit Hosseini Deposition Transcript, #4 Exhibit Fleming Deposition Transcript, #5 Exhibit MacDonnell Deposition Transcript, #6 Exhibit Cossaboom Deposition Transcript, #7 Exhibit Hatch Deposition Transcript)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 162
PAPERLESS ORDER granting #161 Defendants' Motion for Leave to File Late Response. On or before November 3, 2022, Defendants shall file their Response to Plaintiffs' Additional Facts, attached as [161-1], as a separate entry on the docket. Signed by Judge Aileen M. Cannon on 11/1/2022. (aes) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 161 MOTION for Leave to File Response one business day late by NVR Mortgage Finance, Inc., NVR, INC.. (Attachments: #1 Exhibit 1 - Response)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 160 REPLY to Response to Motion re #149 MOTION for Summary Judgment DEFENDANTS' REPLY IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT filed by NVR Mortgage Finance, Inc., NVR, INC.. (Attachments: #1 Exhibit A)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 159 Plaintiff's REPLY in Support of Partial Summary Judgment by Melissa Cossaboom. (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 158 RESPONSE in Opposition re #149 MOTION for Summary Judgment Plaintiffs Opposition to Defendants Motion for Summary Judgment filed by Melissa Cossaboom. Replies due by 10/28/2022. (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 157 Plaintiff's RESPONSE to Defendants Additional Statement of Material Facts by Melissa Cossaboom. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60)(Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 156 RESPONSE in Opposition re #144 Plaintiff's MOTION for Partial Summary Judgment filed by NVR Mortgage Finance, Inc., NVR, INC.. Replies due by 10/27/2022. (Attachments: #1 Supplement Defendants' Additional Facts Material to MSJ, #2 Exhibit 1 In Support of Additional Facts, #3 Exhibit 2 In Support of Additional Facts, #4 Exhibit 3 In Support of Additional Facts, #5 Exhibit 4 In Support of Additional Facts, #6 Exhibit 5 In Support of Additional Facts, #7 Exhibit 6 In Support of Additional Facts, #8 Exhibit 7 In Support of Additional Facts)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 155 NOTICE by Melissa Cossaboom re #147 Affidavit,,,,, Notice of Filing Exhibit in Support of Plaintiffs Motion For Summary Judgment (Attachments: #1 Exhibit A) (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 154 PAPERLESS NOTICE of Hearing: Setting Hearing on the parties' Motions for Summary Judgment #144 #148 on 12/2/2022 at 2:00 P.M. in Fort Pierce Division before Judge Aileen M. Cannon. (aes) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 153
PAPERLESS ORDER denying #148 Plaintiffs' Unopposed Motion for Leave to File Confidential Summary Judgment Exhibit Under Seal. Parties' designation of material as confidential pursuant to a protective order does not bind the Court's inquiry whether to permit a party to file materials under seal. Local Rule 5.4 requires a particularized justification to overcome the strong presumption in favor of public access to civil actions, and Plaintiffs' generalized submission about "confidential business information" in the instant motion #148 fails to meet that standard. Signed by Judge Aileen M. Cannon on 10/11/2022. (aes) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 152 MEMORANDUM of Law re #149 MOTION for Summary Judgment by NVR Mortgage Finance, Inc., NVR, INC.. (Attachments: #1 Exhibit 1 - DepoTranscript of Sack, #2 Exhibit 2 - Department of Labor Wage and Hour Division COVID 19)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 151 Statement of: Additional Statement of Material Facts in Support of Defendants' Motion for Summary Judgment by NVR Mortgage Finance, Inc., NVR, INC. re #149 MOTION for Summary Judgment (Attachments: #1 Exhibit 1 - Depo Transcript of Hosseini, #2 Exhibit 2 - Personnel History Sheet, #3 Exhibit 3 - Declaration of Hosseini)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 150 Statement of: Material Facts in Support of Defendant's Motion for Summary Judgment filed Jointly by NVR Mortgage Finance, Inc., NVR, INC. re #149 MOTION for Summary Judgment (Attachments: #1 Exhibit 1 - Response to Plaintiff's First Set of Interrogatories, #2 Exhibit 2 - Depo Transcript of Allende-Perez, #3 Exhibit 3 - Depo Transcript of Carlisle, #4 Exhibit 4 - Depo Transcript of Cossaboom, #5 Exhibit 5 - Depo Transcript of Hatch, #6 Exhibit 6 - Depo Transcript of Nixon, #7 Exhibit 7 - Depo Transcript of Gaines, #8 Exhibit 8 - Depo Transcript of LaMay, #9 Exhibit 9 - Depo Transcript of Leadens, #10 Exhibit 10 - Job Description, #11 Exhibit 11 - Depo Transcript of Hosseini, #12 Exhibit 12 - Wage Payment Policy, #13 Exhibit 13 - Wage Payment Policy Email 7.24.18, #14 Exhibit 14 - Wage Payment Policy Email 12.9.20, #15 Exhibit 15 - NVR Standards of Business Conduct, #16 Exhibit 16 - Email from Gene Bredow, #17 Exhibit 17 - Training Transcript, #18 Exhibit 18 - Depo Transcript of Matz)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 149 MOTION for Summary Judgment by NVR Mortgage Finance, Inc., NVR, INC.. Responses due by 10/21/2022 (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 148 Unopposed MOTION for Leave to File Confidential Summary Judgment Exhibit Under Seal by Melissa Cossaboom. (Attachments: #1 Text of Proposed Order Proposed Order)(Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 147 AFFIDAVIT Declaration of Michele R. Fisher In Support of Plaintiffs Motion For Partial Summary Judgment signed by: Michele R. Fisher by Melissa Cossaboom (Attachments: #1 Exhibit 1 James Sack Depo Transcript, #2 Exhibit 2 James Sack Depo Transcript, #3 Exhibit Haider Hosseini Depo Transcript, #4 Exhibit Haider Hosseini Depo Transcript, #5 Exhibit Massimo Favro Depo Transcript, #6 Exhibit 6 Matz Depo Excerpts, #7 Exhibit 7 Alexis Williams Depo Excerpts, #8 Exhibit Placeholder for Exhibit 8, #9 Exhibit 9 Brown Email with Wage Policy, #10 Exhibit 10 LP Offer Letter- Paola Leon, #11 Exhibit 11 LO Offer Letter- Melissa Collins (Cossaboom), #12 Exhibit 12 New Hire Survey, #13 Exhibit 13 Sample Onboarding Docs, #14 Exhibit 14 Cossaboom Response to First Set of Rogs Amended, #15 Exhibit 15 Personnel History, #16 Exhibit 16 LO Comp Policy NVR002107-2113, #17 Exhibit 17 NVR003784 Carlisle Statement, #18 Exhibit 18 Expert Report, #19 Exhibit 19 Gates Pay Sample, #20 Exhibit 20 Cossaboom Pay Sample, #21 Exhibit 21 NVRM_JENKINS_000122, #22 Exhibit 22 NVRM_JENKINS_000132, #23 Exhibit 23 NVR000271 Sample Commissioned Loan Officer Compensation Plan, #24 Exhibit 24 Loan Officer Job Description, #25 Exhibit 25 PayStub)(Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 146 MEMORANDUM in Support re #144 Plaintiff's MOTION for Partial Summary Judgment Plaintiffs Memorandum in Support of Motion for Partial Summary Judgment by Melissa Cossaboom. (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 145 Statement of: Joint Statement of Facts for Plaintiffs Partial Summary Judgment by Melissa Cossaboom re #144 Plaintiff's MOTION for Partial Summary Judgment (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 144 Plaintiff's MOTION for Partial Summary Judgment by Melissa Cossaboom. Responses due by 10/20/2022 (Attachments: #1 Text of Proposed Order Proposed Order)(Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 143
THIRD AMENDED SCHEDULING ORDER: upon #140 Status Report filed by Melissa Cossaboom Jury Trial set for 2/13/2023 9:00 AM in Fort Pierce Division before Judge Aileen M. Cannon. Calendar Call set for 2/7/2023 1:45 PM in Fort Pierce Division before Judge Aileen M. Cannon. In Limine Motions due by 1/13/2023. Dispositive Motions due by 11/12/2022. Motions due by 11/12/2022. Pretrial Stipulation due by 1/13/2023. Signed by Judge Aileen M. Cannon on 9/30/2022. 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. [Transferred from Florida Southern on 6/6/2023.]
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Filing 142
ORDER TERMINATING PLAINTIFF CRAIG SMOLEN: upon DE #139 Joint Stipulation of Dismissal. Signed by Judge Aileen M. Cannon on 9/30/2022. See attached document for full details. (mab) [Transferred from Florida Southern on 6/6/2023.]
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Filing 141
PAPERLESS ORDER: Following a review of the Joint Status Report #140 , the parties are permitted to refile their Motions for Summary Judgment. The parties will be given one opportunity to file a single motion for summary judgment pursuant to the amended scheduling order to follow. Signed by Judge Aileen M. Cannon on 9/28/2022. (aes) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 140 STATUS REPORT Joint Status Report and Motion to Reinstate Summary Judgment Motions by Melissa Cossaboom (Attachments: #1 Text of Proposed Order Proposed Order)(Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 139 STIPULATION of Dismissal with Prejudice Related to Opt-in Plaintiff Craig Smolen's Claims Only by Craig Smolen (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 138
PAPERLESS ORDER DENYING WITHOUT PREJUDICE #126 #133 the Cross-Motions for Summary Judgment. Pursuant to the Second Amended Scheduling Order #137 , the parties shall not file any motions for summary judgment pending completion of discovery. Therefore, Plaintiffs' Unopposed Motion for Leave to File Confidential Summary Judgement Exhibit Under Seal #131 is DENIED AS MOOT. Signed by Judge Aileen M. Cannon on 9/21/2022. (aes) [Transferred from Florida Southern on 6/6/2023.]
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Filing 137
SECOND AMENDED SCHEDULING ORDER: Jury Trial set for 4/10/2023 9:00 AM in Fort Pierce Division before Judge Aileen M. Cannon. Calendar Call set for 4/4/2023 1:45 PM in Fort Pierce Division before Judge Aileen M. Cannon. Discovery due by 11/18/2022. Expert Discovery due by 11/18/2022. Fact Discovery due by 11/18/2022. In Limine Motions due by 3/13/2023. Dispositive Motions due by 1/11/2023. Motions due by 1/11/2023. Pretrial Stipulation due by 3/13/2023. Signed by Judge Aileen M. Cannon on 9/21/2022. 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. [Transferred from Florida Southern on 6/6/2023.]
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| Filing 136 MEMORANDUM of Law re #133 MOTION for Summary Judgment by NVR Mortgage Finance, Inc., NVR, INC.. (Attachments: #1 Exhibit 1- Depo Transcript of Sack, #2 Exhibit 2- Department of Labor Wage and Hour Division COVID 19)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 135 Statement of: Additional Statement of Material Facts in Support of Defendant's Motion for Summary Judgment by NVR Mortgage Finance, Inc., NVR, INC. (Attachments: #1 Exhibit 1- Depo Transcript of Hosseini, #2 Exhibit 2- Personnel History Sheet, #3 Exhibit 3- Declaration of Hosseini)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 134 Statement of: of Material Facts in Support of Defendant's Motion for Summary Judgment by NVR Mortgage Finance, Inc., NVR, INC. re #133 MOTION for Summary Judgment (Attachments: #1 Exhibit 1-Response to Plaintiff's First Set of Interrogatories, #2 Exhibit 2- Depo Transcript of Allende-Perez, #3 Exhibit 3- Depo Transcript of Carlisle, #4 Exhibit 4- Depo Transcript of Cossaboom, #5 Exhibit 5- Depo Transcript of Hatch, #6 Exhibit 6- Depo Transcript of Nixon, #7 Exhibit 7- Depo Transcript of Smolen, #8 Exhibit 8- Depo Transcript of Gaines, #9 Exhibit 9- Depo Transcript of LaMay, #10 Exhibit 10- Depo Transcript of Leadens, #11 Exhibit 11- Job Description, #12 Exhibit 12- Depo Transcript of Hosseini, #13 Exhibit 13- Wage Payment Policy, #14 Exhibit 14- Wage Payment Policy Email 7.24.18, #15 Exhibit 15- Wage Payment Policy Email 12.9.20, #16 Exhibit 16- NVR Standards of Business Conduct, #17 Exhibit 17- Email from Gene Bredow, #18 Exhibit 18- Training Transcript, #19 Exhibit 19- Depo Transcript of Matz)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 133 MOTION for Summary Judgment by NVR Mortgage Finance, Inc., NVR, INC.. Responses due by 10/5/2022 (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 132
PAPERLESS ORDER: THIS CAUSE comes before the Court upon Defendants' Motion for Leave to Amend Answer to Add Counterclaim Against Plaintiff Michael "Craig" Smolen #122 , filed on August 25, 2022. The Court has reviewed the Motion, the Response in Opposition #124 , and the Reply #125 . For the following reasons, the Court GRANTS the Motion #122 , offering its analysis in abbreviated form upon a complete review of the record. First, although the Court agrees with Plaintiffs that Defendants' proposed counterclaim is a permissive rather than a compulsory counterclaim, see Fed. R. Civ. P. 13(a)-(b), the Court is satisfied that Defendants have met their burden to establish an independent jurisdictional basis in diversity over their proposed counterclaim, see 28 U.S.C. 1332--assuming such an independent jurisdictional basis is required. Following an examination of the relevant filings, there is complete diversity between the parties [122-1] #124 #125 , and Defendants have sufficiently pled an amount in controversy that exceeds the jurisdictional limit of $75,000 [122-1] #125 . Second, even if Plaintiffs are correct that the so-called Brennan rule applies in this context as a general matter, see Brennan v. Heard, 491 F.2d 1 (5th Cir. 1974), that rule does not preclude Defendants' requested set-off defense here, which if successful, would not result in sub-minimum wage payments to Plaintiff Smolen under the FLSA. (That said, should Plaintiff Smolen prevail on his FLSA claim, Defendants will be permitted recovery on the counterclaim only to the extent that it does not reduce Plaintiff Smolen's claim below the FLSA's statutory minimum wage.). Finally, the Court has reviewed the parties' arguments with respect to Defendants' showing of good cause and finds that Defendants have satisfied the requisite standard under the circumstances. See Fed. R. Civ. P. 16(b). Defendants did not discover the factual basis underlying the proposed counterclaim until late July 2022, more than a year after the Court's deadline to amend pleadings #122 #125 ; Defendants conferred with Plaintiffs' counsel as described and then filed the instant Motion without undue delay (Defendants' First Motion to Amend Answer); and although granting the Motion will necessitate an extension of discovery and other pre-trial deadlines, the Court is not satisfied that the need for such an extension warrants denial of Defendants' Motion under the good cause standard. Order resetting deadlines to follow. Signed by Judge Aileen M. Cannon on 9/20/2022. (aes) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 131 Unopposed MOTION for Leave to File Confidential Summary Judgment Exhibit Under Seal by Melissa Cossaboom. (Attachments: #1 Text of Proposed Order)(Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 130 NOTICE by Melissa Cossaboom re #126 MOTION for Partial Summary Judgment Plaintiffs Motion for Partial Summary Judgment Notice of Filing Proposed Order Granting Plaintiffs Motion for Partial Summary Judgment (Attachments: #1 Text of Proposed Order Exhibit A) (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 129 AFFIDAVIT Declaration of Michele R. Fisher In Support of Plaintiffs Motion For Summary Judgment signed by: Declaration of Michele R. Fisher re #126 MOTION for Partial Summary Judgment Plaintiffs Motion for Partial Summary Judgment by Melissa Cossaboom (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit Placeholder for Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 128 MEMORANDUM of Law re #126 MOTION for Partial Summary Judgment Plaintiffs Motion for Partial Summary Judgment Plaintiffs Memorandum in Support of Motion For Partial Summary Judgment by Melissa Cossaboom. (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 127 Statement of: Joint Statement of Facts for Plaintiffs Partial Summary Judgment by Melissa Cossaboom re #126 MOTION for Partial Summary Judgment Plaintiffs Motion for Partial Summary Judgment (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 126 MOTION for Partial Summary Judgment Plaintiffs Motion for Partial Summary Judgment by Melissa Cossaboom. Responses due by 9/28/2022 (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 125 RESPONSE in Support re #122 MOTION for Leave to File Counterclaim Against Plaintiff Smolen DEFENDANTS REPLY IN SUPPORT OF THEIR MOTION TO AMEND ANSWER TO ADD COUNTERCLAIM AGAINST MICHAEL CRAIG SMOLEN filed by NVR Mortgage Finance, Inc., NVR, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 124 RESPONSE in Opposition re #122 MOTION for Leave to File Counterclaim Against Plaintiff Smolen Plaintiff's Opposition to Defendants' Motion for Leave to File Counterclaim filed by Melissa Cossaboom. Replies due by 9/9/2022. (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Reset Deadlines as to #122 MOTION for Leave to File Counterclaim Against Plaintiff Smolen. Responses due by 9/2/2022. PER DE# 123 (cds) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 123
PAPERLESS ORDER: Plaintiffs shall file a Response to Defendant's Motion for Leave to Amend to File a Counterclaim Against Plaintiff #122 on or before September 2, 2022. Signed by Judge Aileen M. Cannon on 8/26/2022. (aes) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 122 MOTION for Leave to File Counterclaim Against Plaintiff Smolen by NVR Mortgage Finance, Inc., NVR, INC.. (Attachments: #1 Proposed Counterclaim)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 121 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Status Conference held on August 24, 2022. The parties updated the Court on the status of discovery and report no present discovery issues. Total time in court: 20 minutes. Attorney Appearances: Paolo Meireles, Kayla Kienzle, Michele R. Fisher, Barry Miller, and Hillary Massey. Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (aes) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 120
ORDER GRANTING MOTION TO WITHDRAW: GRANTING #119 Motion to Withdraw as Attorney. Logan Pardell representing Cossaboom, Melissa (Plaintiff) withdrawn from case. Signed by Judge Aileen M. Cannon on 8/15/2022. See attached document for full details. (mab) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 119 NOTICE by Melissa Cossaboom Notice of Withdrawal of Counsel (Pardell, Logan) Modified on 7/5/2022 (mee). [Transferred from Florida Southern on 6/6/2023.] |
| Filing 118 NOTICE by Melissa Cossaboom notice of withdrawing the Consent to Join of Opt-in Plaintiff Luisa De Los Santos (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 117 NOTICE by Melissa Cossaboom Withdrawal Opt-in Plaintiff Alexander Cuesta (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 116
ORDER granting #115 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Christopher W. Kelleher. Signed by Magistrate Judge Bruce E. Reinhart on 6/8/2022. See attached document for full details. (jgy) (Main Document 116 replaced on 6/9/2022) (tmn). [Transferred from Florida Southern on 6/6/2023.]
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| Filing 115 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher W. Kelleher. Filing Fee $ 200.00 Receipt # AFLSDC-15697951 by NVR Mortgage Finance, Inc., NVR, INC.. Responses due by 6/21/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 114 PAPERLESS NOTICE of Hearing: Status Conference set for 8/24/2022 10:45 AM in Fort Pierce Division before Judge Aileen M. Cannon via the Zoom platform. The Zoom link and information will be emailed to the parties of record. (tgs) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 113 FINAL MEDIATION REPORT by Michael Russell. Disposition: Case did not settle.(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 112
AMENDED SCHEDULING ORDER: Jury Trial set for 2/13/2023 at 09:00 AM in Fort Pierce Division before Judge Aileen M. Cannon., Calendar Call set for 2/7/2023 at 01:45 PM in Fort Pierce Division before Judge Aileen M. Cannon., Discovery due by 9/19/2022., Expert Discovery due by 9/19/2022., Fact Discovery due by 9/19/2022. Mediation Deadline 5/20/2022., In Limine Motions due by 1/27/2023. Motions due by 11/12/2022., Pretrial Stipulation due by 1/27/2023. ORDER REFERRING CASE to Mediation. ( Mediation Deadline 5/20/2022. ORDER REFERRING CASE to Magistrate Judge Bruce Reinhart for appropriate disposition of all pro hac vice motions, motions to substitute counsel, and pretrial motions related to discovery. Signed by Judge Aileen M. Cannon on 5/12/2022. See attached document for full details. (mee) #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. [Transferred from Florida Southern on 6/6/2023.]
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| Filing 111 REPORT REGARDING Joint Proposed Revised Case Schedule Per Dkt. No. 103 by NVR Mortgage Finance, Inc., NVR, INC. (Attachments: #1 Text of Proposed Order)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 110 NOTICE by Melissa Cossaboom Plaintiffs Notice of Withdrawal of Opt-In Plaintiff Angelica Colon (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 109
ORDER Scheduling Mediation before Michael Russell, Esq. Mediation Hearing set for 5/18/2022. Signed by Judge Aileen M. Cannon on 5/3/2022. See attached document for full details. (cds) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 108 Joint NOTICE of Mediator Selection. and Location Selected/Added Michael Russell as Mediator. (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 107
PAPERLESS ORDER: On or before May 3, 2022, the parties shall submit a renewed joint notice of mediation indicating a physical location to conduct mediation. Signed by Judge Aileen M. Cannon on 4/28/2022. (jrt) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 106 NOTICE by Melissa Cossaboom, Ann Adair Hatch, Jessica Pettry Notice of Filing Consent to Join Form No.13 (Attachments: #1 Consent Form) (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 105 WITHDRAWN- AS TO ALEXANDER CUESTA ONLY (#15)-NOTICE by Melissa Cossaboom, Ann Adair Hatch, Jessica Pettry Notice of Filing of Consent Forms No. 13-15 (Attachments: #1 Exhibit Consent Forms) (Shavitz, Gregg) Modified on 6/21/2022 (mee). Per d.e. #117 . [Transferred from Florida Southern on 6/6/2023.] |
| Filing 104 NOTICE by Melissa Cossaboom, Ann Adair Hatch, Jessica Pettry Notice of Filing Consent No. 12 (Attachments: #1 Consent Form) (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 103
ORDER GRANTING JOINT MOTION TO STAY DISCOVERY PENDING FAIR LABOR STANDARDS ACT NOTICE PERIOD, granting #102 Motion to Stay. Signed by Judge Aileen M. Cannon on 3/8/2022. See attached document for full details. (mee) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 102 Joint MOTION to Stay Discovery Pending Fair Labor Standards ACT Notice Period by Melissa Cossaboom. Responses due by 3/21/2022 (Attachments: #1 Text of Proposed Order)(Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 101 NOTICE by Melissa Cossaboom, Ann Adair Hatch, Jessica Pettry Notice of Filing of Consent to Join No 11 (Attachments: #1 Exhibit Consent Form) (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 100
PAPERLESS ORDER denying #99 Joint Motion for Leave to Participate in Mediation Remotely. Signed by Judge Aileen M. Cannon on 2/17/2022. (jrt) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 99 Joint MOTION Joint Motion for Leave to Participate in Mediation Remotely by Melissa Cossaboom, Ann Adair Hatch, Jessica Pettry. (Attachments: #1 Text of Proposed Order)(Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 98 NOTICE by Melissa Cossaboom re #97 Notice (Other) OF FILING PROPOSED ORDER/ EXHIBIT A TO JOINT NOTICE OF MEDIAITON [ECF NO. 97] (Attachments: #1 Exhibit A) (Meireles, Paolo)Text Modified on 2/16/2022 (cqs). [Transferred from Florida Southern on 6/6/2023.] |
| Filing 97 NOTICE by Melissa Cossaboom, Ann Adair Hatch, Jessica Pettry Joint Notice of Mediation (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 96
PAPERLESS ORDER: The Parties' proposed Court-Authorized Notice of Conditional Certification of Collective Action [95-1] is approved for distribution to the FLSA Collective Actions as specified in the Court's February 1, 2022 Order Granting in Part and Denying in Part Plaintiffs' Motion for FLSA Collective Certification #94 . Signed by Judge Aileen M. Cannon on 2/9/2022. (jrt) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 95 Joint MOTION Approval of Agreed Court-Authorized Notice of Conditional Certification of Collective Action re #94 Order on Motion to Certify Class, by Melissa Cossaboom, Ann Adair Hatch, Jessica Pettry. (Attachments: #1 Exhibit A (Agreed Court-Authorized Notice of Conditional Certification of Collective Action))(Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 94
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR FLSA COLLECTIVE CERTIFICATION, granting in part and denying in part #67 Motion to Certify Class. Signed by Judge Aileen M. Cannon on 2/1/2022. See attached document for full details. (mee) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 93 Notice of Supplemental Authority Response to Plaintiffs' Second Notice of Supplemental Authority by NVR Mortgage Finance, Inc., NVR, INC. (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 92 Notice of Supplemental Authority re #67 Renewed MOTION to Certify Class (FLSA Conditional Certification) Second Notice by Melissa Cossaboom, Ann Adair Hatch, Jessica Pettry (Attachments: #1 Exhibit A: Transcript of Dec. 2, 2021 Hearing re: NVR's Transfer Motion in Jenkins v. NVR, Inc.) (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 91 Notice of Supplemental Authority re #85 Notice of Supplemental Authority Response to Defendants' Supplemental Authority by Melissa Cossaboom, Ann Adair Hatch, Jessica Pettry (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 90 Notice of Supplemental Authority re #79 Response in Opposition to Motion, Response to Plaintiffs' Notice of Supplemental Authority by NVR Mortgage Finance, Inc., NVR, INC. (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 89 NOTICE OF CONSENT TO JOIN as party plaintiff. Party(s) Justin LaMay added to plaintiffs group of record, represented by Gregg I. Shavitz. (Attachments: #1 Exhibit A: Consent to Join) (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 88 NOTICE OF CONSENT TO JOIN as party plaintiff. Party(s) Chad Leadens added to plaintiffs group of record, represented by Gregg I. Shavitz. (Attachments: #1 Exhibit A: Consent to Join) (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 87 NOTICE OF CONSENT TO JOIN as party plaintiff. Party(s) Rosita Lespier added to plaintiffs group of record, represented by Gregg I. Shavitz. (Attachments: #1 Exhibit A: Consent to Join) (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 86 Notice of Supplemental Authority re #67 Renewed MOTION to Certify Class (FLSA Conditional Certification) by Melissa Cossaboom, Ann Adair Hatch, Jessica Pettry (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 85 Notice of Supplemental Authority re #79 Response in Opposition to Motion, by NVR Mortgage Finance, Inc., NVR, INC. (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 84 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Motion Hearing held on November 18, 2021. The Court heard arguments from the parties on #67 Plaintiff's Renewed Motion for FLSA Conditional Certification and Issuance of Court-Authorized Notice. Order to follow. Total time in court: 100 minutes. Attorney Appearances: Paolo Chagas Meireles (Counsel for Plaintiffs); Barry J. Miller (Counsel for Defendants). Court Reporter: Diane Miller, 561-514-3728 / Diane_Miller@flsd.uscourts.gov. (jrt) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 83 SUR REPLY to Response to Motion re #67 Renewed MOTION to Certify Class (FLSA Conditional Certification) filed by Melissa Cossaboom. (Attachments: #1 Exhibit 1- Ann-Adair Hatch Deposition Excerpts, #2 Exhibit 2- John Carlisle Deposition Excerpts, #3 Exhibit 3- Melissa Cossaboom Deposition Excerpts)(Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 82
PAPERLESS ORDER granting #80 Plaintiffs' Unopposed Motion for Leave to File a sur-reply in Support of Plaintiffs' Renewed Motion for Conditional Certification. Plaintiffs shall file the sur-reply, attached to their motion [ECF No. 80], as a separate docket entry before November 18, 2021. Signed by Judge Aileen Cannon on 11/17/2021. (jrt) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 81 PAPERLESS NOTICE of Hearing: **TIME CHANGE ONLY** re #67 Renewed MOTION to Certify Class (FLSA Conditional Certification) Motion Hearing Reset for 11/18/2021 11:00 AM in Fort Pierce Division before Judge Aileen M. Cannon. This is an in-person hearing. (tgs) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 80 Unopposed MOTION for Leave to File Sur-Reply in Support of Plaintiffs Renewed Motion for Conditional Certification by Melissa Cossaboom. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Plaintiffs' Sur-Reply in Support of Renewed Motion for FLSA Conditional Certification, #3 Exhibit 1 to Ex. A (Ann-Adair Hatch Deposition Excerpts), #4 Exhibit 2 to Ex. A (John Carlisle Deposition Excerpts), #5 Exhibit 3 to Ex. A (Melissa Cossaboom Deposition Excerpts)(Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 79 RESPONSE in Opposition re #67 Renewed MOTION to Certify Class (FLSA Conditional Certification) (Supplemental Opposition, Leave to File Granted on 11/16/2021) filed by NVR Mortgage Finance, Inc., NVR, INC.. Replies due by 11/23/2021. (Attachments: #1 Deposition of Carlisle, #2 Deposition of Cossaboom, #3 Deposition of Hatch, #4 Exhibit Solicitation)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 78
PAPERLESS ORDER granting #77 Defendants' Motion to File Supplemental Brief in Opposition to Renewed Motion for Conditional Certification. Defendants shall file the supplemental brief, attached to their motion at [77-1], as a separate docket entry on or before 11/17/2021. Signed by Judge Aileen Cannon on 11/16/2021. (jrt) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 77 MOTION for Leave to File Supplemental Opposition to Motion for Conditional Certification by NVR Mortgage Finance, Inc., NVR, INC.. (Attachments: #1 Exhibit Supplemental Opposition to Conditional Certification)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 76
ORDER GRANTING JOINT MOTION TO RESCHEDULE MEDIATION,granting #75 Motion Joint MOTION for Permission to Reschedule Mediation. Signed by Judge Aileen M. Cannon on 11/9/2021. See attached document for full details. (mee) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 75 Joint MOTION for Permission to Reschedule Mediation by Melissa Cossaboom, Ann Adair Hatch, Jessica Pettry. (Attachments: #1 Text of Proposed Order Order Regarding Mediation Rescheduling)(Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 74
PAPERLESS ORDER striking #73 the Joint Notice of Mediation Rescheduling. On or before November 8, 2021, the parties must file a motion for leave of Court to reschedule mediation, justifying the relief sought. Signed by Judge Aileen M. Cannon on 11/5/2021. (jrt) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 73 (STRICKEN PER DE#74)NOTICE by Melissa Cossaboom, Ann Adair Hatch, Jessica Pettry Joint Notice of Mediation Rescheduling (Attachments: #1 Text of Proposed Order) (Meireles, Paolo)Text Modified on 11/5/2021 (cqs). [Transferred from Florida Southern on 6/6/2023.] |
| Filing 72 Renewed MOTION to Certify Class Reply to FLSA Conditional Certification D.E 67 by Melissa Cossaboom. Responses due by 11/12/2021 (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 71 PAPERLESS NOTICE of Hearing: re #67 Renewed MOTION to Certify Class (FLSA Conditional Certification) Motion Hearing set for 11/18/2021 10:00 AM in Fort Pierce Division before Judge Aileen M. Cannon. This is an in-person hearing. Prior to your courthouse visit, please # click here to view our COVID-19 Rules and Procedures. (tgs) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 70 RESPONSE in Opposition re #67 Renewed MOTION to Certify Class (FLSA Conditional Certification) filed by NVR Mortgage Finance, Inc., NVR, INC.. Replies due by 10/28/2021. (Attachments: #1 Affidavit of Kayla Dockhorn, #2 Exhibit Sample Solicitations, #3 Exhibit Website and Press Release, #4 Affidavit of Brandy Brown, #5 Affidavit of Lauren Pistolis, #6 Affidavit of Hayley Connell)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 69 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 10/20/2021. Total time in court: 0 hour(s) : 10 minutes. Paperless ORDER . For the reasons stated on the record and pursuant to Fed. R. Civ. P. 30(b)(4), the Defendants shall conduct the depositions of Plaintiffs remotely. (Digital BER_1_10.20.2021) (jgy) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 68 Statement of: The Parties' Discovery Dispute by Melissa Cossaboom, Ann Adair Hatch, Jessica Pettry re 64 Order Setting/Cancelling Hearing,, (Attachments: #1 Exhibit Defendants' Exhibit 1 (Las Vegas Sun v. Adelson))(Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 67 Renewed MOTION to Certify Class (FLSA Conditional Certification) by Melissa Cossaboom, Ann Adair Hatch, Jessica Pettry. Responses due by 10/21/2021 (Attachments: #1 Exhibit 1. Leon Interrogatory Responses, #2 Exhibit 2. Loan Officer Descriptions, #3 Exhibit 3. Loan Processor Descriptions, #4 Exhibit 4. Loan Officer Descriptions (nationally), #5 Exhibit 5. Loan Processor Descriptions (nationally), #6 Exhibit 6. Written Policy Documents, #7 Exhibit 7. Notice - Loan Officer, #8 Exhibit 8. Notice - Loan Processor, #9 Exhibit 9. Consent to Join, #10 Exhibit 10. Reminder, #11 Cossaboom Decl., #12 Hatch Decl., #13 Carlisle Decl., #14 Tapscott Decl., #15 Gardner Decl., #16 Jenkins Decl., #17 Pettry Decl., #18 Gaines Decl., #19 Gates Decl., #20 Hughes Decl., #21 Text of Proposed Order)(Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 66
PAPERLESS ORDER granting #65 the Parties' Joint Stipulation for Amendment to Complaint by Interlineation. Plaintiffs' Second Amended Complaint is amended by interlineation as indicated in the Joint Stipulation. Signed by Judge Aileen M. Cannon on 10/7/2021. (jrt) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 65 STIPULATION re #62 Amended Complaint/Amended Notice of Removal for Amendment by Interlineation by Melissa Cossaboom, Ann Adair Hatch, Jessica Pettry (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 64
PAPERLESS Order setting Discovery Hearing at the request of the parties for 10/20/2021 at 10:00 AM before Magistrate Judge Bruce E. Reinhart. Counsel, parties, or members of the public can attend by using the following instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Counsel should dial in from a landline if possible; cellphone attendees, after noting appearance, and members of the public must remain on mute. Signed by Magistrate Judge Bruce E. Reinhart on 10/5/2021. (jgy) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 63 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by NVR Mortgage Finance, Inc., NVR, INC.. (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 62 Second AMENDED COMPLAINT against NVR Mortgage Finance, Inc., NVR, INC., filed by Jessica Pettry, Melissa Cossaboom, Ann Adair Hatch.(Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 61
ORDER DISMISSING PLAINTIFF JOEL HUGHES. Signed by Judge Aileen M. Cannon on 9/2/2021. See attached document for full details. (lbc) [Transferred from Florida Southern on 6/6/2023.]
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Filing 60
OMNIBUS ORDER, denied without prejudice #38 Motion to Certify Class; granting in part #16 Motion to Dismiss for Failure to State a Claim. Plaintiff's Amended Complaint due by 9/15/2021. Signed by Judge Aileen M. Cannon on 9/1/2021. See attached document for full details. (mee) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 59 Notice of Supplemental Authority re #16 MOTION TO DISMISS #5 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM AND LACK OF PERSONAL JURISDICTION -- Eighth Circuit Opinion by NVR Mortgage Finance, Inc., NVR, INC. (Attachments: #1 Exhibit Eighth Circuit Vallone Opinion) (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 58 Notice of Supplemental Authority re #16 MOTION TO DISMISS #5 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM AND LACK OF PERSONAL JURISDICTION by NVR Mortgage Finance, Inc., NVR, INC. (Attachments: #1 Exhibit Canaday Opinion) (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 57
ORDER granting #56 Motion for Confidentiality Order. Pursuant to the parties' stipulation, the Court enters the attached Stipulated Confidentiality Order. Signed by Magistrate Judge Bruce E. Reinhart on 8/11/2021. See attached document for full details. (jgy) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 56 Joint MOTION for Confidentiality Order by NVR Mortgage Finance, Inc., NVR, INC.. (Attachments: #1 Text of Proposed Order)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 55 NOTICE OF CONSENT TO JOIN as party plaintiff by Paolo Chagas Meireles on behalf of Scotty McCauley. Attorney Paolo Chagas Meireles added to party Scotty McCauley(pty:pla). (Attachments: #1 Exhibit A-Consent Form) (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 54 RESPONSE in Support re #38 Plaintiff's MOTION to Certify Class filed by Melissa Cossaboom. (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 53 NOTICE OF CONSENT TO JOIN as party plaintiff by Paolo Chagas Meireles on behalf of Melissa Cossaboom, Eva Christenson, John Carlisle. Attorney Paolo Chagas Meireles added to party Eva Christenson(pty:pla), Attorney Paolo Chagas Meireles added to party John Carlisle(pty:pla). (Attachments: #1 Exhibit A-Consent Forms) (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 52 Notice of Supplemental Authority in Opposition to Defendants' Motion to Dismiss by Melissa Cossaboom (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 51 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Settlement Conference held on 7/1/2021. The conference resulted in an impasse. Total time in court: 1 hour(s) : 45 minutes. (jgy) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 50
ORDER Scheduling Mediation before Michael Russell. Mediation Hearing set for 11/17/2021 10:00 AM. Signed by Judge Aileen M. Cannon on 6/29/2021. See attached document for full details. (lbc) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 49 NOTICE OF CONSENT TO JOIN as party plaintiff by Paolo Chagas Meireles on behalf of Melissa Cossaboom, Paola Leon. Attorney Paolo Chagas Meireles added to party Paola Leon(pty:pla). (Attachments: #1 Exhibit A-Consent Form) (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 48 NOTICE by Melissa Cossaboom Joint Notice of Mediation (Attachments: #1 Exhibit A - Order Scheduling Mediation) (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 47 NOTICE OF CONSENT TO JOIN as party plaintiff by Paolo Chagas Meireles on behalf of Elizabeth Galan, Ellen Desmond. Attorney Paolo Chagas Meireles added to party Elizabeth Galan (pty:pla), Attorney Paolo Chagas Meireles added to party Ellen Desmond (pty:pla). (Attachments: #1 Exhibit A - Consent Forms) (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 46
PAPERLESS ORDER granting #44 Plaintiffs' Unopposed Motion for Extension of Time to file Reply in Support of Plaintiff's Motion for FLSA Conditional Certification. Plaintiffs shall file their Reply on or before July 6, 2021. Signed by Judge Aileen M. Cannon on 6/28/2021. (jrt) [Transferred from Florida Southern on 6/6/2023.]
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| Reset Deadlines Per DE#46. Replies due by 7/6/2021. (cqs) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 45 Clerks Notice to Filer re #44 Plaintiff's MOTION for Extension of Time to File Reply in Support of Plaintiffs' Motion for FLSA Conditional Certification and Issuance of Court-Authorized Notice . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 44 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #38 Motion to Certify Class by MELISSA COSSABOOM. Responses due by 7/9/2021 (Attachments: #1 Text of Proposed Order)(Meireles, Paolo) Modified Relief and to add document link on 6/25/2021 (ls). [Transferred from Florida Southern on 6/6/2023.] |
| Filing 43 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Motion Hearing held on June 23, 2021. The Court heard arguments from the parties on #16 Defendants' Motion to Dismiss Plaintiffs' Amended Complaint. Order to follow. Total time in court: 75 minutes. Attorney Appearances: Michele R. Fisher and Kayla M. Kienzle (Counsel for Plaintiffs); Barry J. Miller and Hillary Massey (Counsel for Defendants). Court Reporter: Diane Miller, 561-514-3728 / Diane_Miller@flsd.uscourts.gov. (jrt) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 42 RESPONSE in Opposition re #38 Plaintiff's MOTION to Certify Class filed by NVR Mortgage Finance, Inc., NVR, INC.. Replies due by 6/29/2021. (Attachments: #1 Affidavit Of Barry Miller, Esq., #2 Affidavit Of Kayla Dockhorn, #3 Exhibit Sample Solicitations, #4 Exhibit Website Excerpts, #5 Affidavit Of Brandy Brown, #6 Affidavit Of Hayley Connell, #7 Affidavit Of Celso Dockhorn, #8 Affidavit Of Lauren Pistolis)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 41
ORDER SETTING DISCOVERY STATUS CONFERENCE. Conference set for 4/15/2022 01:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 6/14/2021. See attached document for full details. (lbc) [Transferred from Florida Southern on 6/6/2023.]
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Filing 40
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 6/14/2021. See attached document for full details. (lbc) [Transferred from Florida Southern on 6/6/2023.]
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Filing 39
ORDER SETTING TRIAL, SETTING PRE-TRIAL DEADLINES, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 9/12/2022 09:00 AM in Fort Pierce Division before Judge Aileen M. Cannon., Calendar Call set for 9/6/2022 01:45 PM in Fort Pierce Division before Judge Aileen M. Cannon., Amended Pleadings due by 6/25/2021., Discovery due by 5/17/2022., Expert Discovery due by 5/17/2022., Fact Discovery due by 5/17/2022., Joinder of Parties due by 6/25/2021., Mediation Deadline 5/20/2022., In Limine Motions due by 8/5/2022., Dispositive Motions due by 6/8/2022., Motions due by 6/8/2022., Pretrial Stipulation due by 8/5/2022.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 5/20/2022.), ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for all pretrial non-dispositive and discovery matters. Signed by Judge Aileen M. Cannon on 6/14/2021. See attached document for full details. (mee) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 38 Plaintiff's MOTION to Certify Class by MELISSA COSSABOOM. Responses due by 6/22/2021 (Attachments: #1 Exhibit 1 - collection of 16 loan officer job descriptions, #2 Exhibit 2 - collection of 17 loan processor job descriptions, #3 Exhibit 3 - written overtime policy, #4 Exhibit 4 - Proposed Notice, #5 Exhibit 5 - Proposed consent to join, #6 Exhibit 6 - Proposed Reminder Postcard, #7 Cossaboom Declaration, #8 Hatch Declaration, #9 Hughes Declaration, #10 Gaines Declaration, #11 Gates Declaration, #12 Jenkins Declaration, #13 Pettry Declaration, #14 Tapscott Declaration, #15 Gardner Declaration, #16 Text of Proposed Order)(Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 37 NOTICE by MELISSA COSSABOOM re #22 Notice of Consent to Join, Amended Notice of Filing Consent to Join Form Number 7 (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 36
ORDER SETTING TELEPHONIC SETTLEMENT CONFERENCE re #4 Order Referring Case to Magistrate Judge. Settlement Conference set for 7/1/2021 01:30 PM before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 5/27/2021. See attached document for full details. (lbc) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 35 RESPONSE to #9 Statement of Claim by NVR Mortgage Finance, Inc., NVR, INC.. (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 34 REPLY to Response to Motion re #16 MOTION TO DISMISS #5 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM AND LACK OF PERSONAL JURISDICTION filed by NVR Mortgage Finance, Inc., NVR, INC.. (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 33 Joint SCHEDULING REPORT - Rule 16.1 by MELISSA COSSABOOM, ANN ADAIR HATCH, Joel Hughes (Attachments: #1 Text of Proposed Order Joint Proposed Scheduling Order)(Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 32 Certificate of Other Affiliates/Corporate Disclosure Statement by MELISSA COSSABOOM, Faran Gaies, Brian Gardner, Christopher Gates, ANN ADAIR HATCH, Joel Hughes, Lori Jenkins, Jessica Pettry, Daniel Tapscott (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 31
PAPERLESS ORDER denying #29 the Parties' Joint Motion for Extension of Deadlines. As stated in #11 the Court's April 23, 2021 Order, the Parties must submit a joint scheduling report and a joint proposed scheduling order, as required by S.D. Fla. Local Rule 16.1 on or before May 24, 2021. Signed by Judge Aileen M. Cannon on 5/24/2021. (jrt) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 30 Case Reassignment of Paired Magistrate Judge to Magistrate Judge Bruce E. Reinhart. Magistrate Judge Dave Lee Brannon no longer assigned to case. (bms) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 29 Joint MOTION for Extension of Time for Deadlines by MELISSA COSSABOOM. Responses due by 6/4/2021 (Attachments: #1 Text of Proposed Order)(Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 28 PAPERLESS NOTICE of Hearing: re #16 MOTION TO DISMISS #5 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM AND LACK OF PERSONAL JURISDICTION Motion Hearing set for 6/23/2021 02:00 PM in Fort Pierce Division before Judge Aileen M. Cannon via the Zoom platform. The Zoom link and information will be emailed to the parties of record. (tgs) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 27 PAPERLESS NOTICE of Hearing: Status Conference set for 5/26/2021 03:00 PM in Fort Pierce Division before Judge Aileen M. Cannon via the Zoom platform. The Zoom link and information will be emailed to the parties of record. (tgs) [Transferred from Florida Southern on 6/6/2023.] |
| Terminate Status Conference set for May 26, 2021. Scheduled in error. (tgs) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 26 RESPONSE in Opposition re #16 MOTION TO DISMISS #5 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM AND LACK OF PERSONAL JURISDICTION filed by MELISSA COSSABOOM. Replies due by 5/25/2021. (Attachments: #1 Exhibit A)(Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 25 NOTICE OF CONSENT TO JOIN as party plaintiff by Paolo Chagas Meireles on behalf of Lori Jenkins. Attorney Paolo Chagas Meireles added to party Lori Jenkins(pty:pla). (Attachments: #1 Exhibit A-Consent Form) (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 24 NOTICE OF CONSENT TO JOIN as party plaintiff by Paolo Chagas Meireles on behalf of Brian Gardner. Attorney Paolo Chagas Meireles added to party Brian Gardner(pty:pla). (Attachments: #1 Exhibit A-Consent Form) (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 23 NOTICE of Compliance with Court Order by MELISSA COSSABOOM re #4 Order Referring Case to Magistrate Judge,, Set/Reset Deadlines, (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 22 NOTICE OF CONSENT TO JOIN as party plaintiff by Paolo Chagas Meireles on behalf of Christopher Gates, Faran Gaies. Attorney Paolo Chagas Meireles added to party Christopher Gates(pty:pla), Attorney Paolo Chagas Meireles added to party Faran Gaies(pty:pla). (Attachments: #1 Exhibit A-Consent Forms) (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 21
PAPERLESS ORDER granting #19 and #20 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Barry J. Miller and Hillary Massey. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge Aileen M. Cannon on 5/5/2021. (jrt) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Hillary Massey. Filing Fee $ 200.00 Receipt # AFLSDC-14661125 by NVR Mortgage Finance, Inc., NVR, INC.. Responses due by 5/18/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 19 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Barry J. Miller. Filing Fee $ 200.00 Receipt # AFLSDC-14661094 by NVR Mortgage Finance, Inc., NVR, INC.. Responses due by 5/18/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 18 Corporate Disclosure Statement by NVR Mortgage Finance, Inc. identifying Corporate Parent NVR, INC. for NVR Mortgage Finance, Inc. (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 17 Corporate Disclosure Statement by NVR, INC. (Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 16 MOTION TO DISMISS #5 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM AND LACK OF PERSONAL JURISDICTION by NVR Mortgage Finance, Inc., NVR, INC.. Attorney Kevin M. Young added to party NVR Mortgage Finance, Inc.(pty:dft), Attorney Kevin M. Young added to party NVR, INC. (pty:dft). Responses due by 5/18/2021 (Attachments: #1 Memorandum of Law in support, #2 Exhibit 1: NVRM corporate filing)(Young, Kevin) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 15 NOTICE OF CONSENT TO JOIN as party plaintiff by Paolo Chagas Meireles on behalf of Jessica Pettry. Attorney Paolo Chagas Meireles added to party Jessica Pettry(pty:pla). (Attachments: #1 Exhibit A-Consent Form) (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 14
PAPERLESS ORDER granting #12 and #13 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Kayla M. Kienzle and Michele R. Fisher. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge Aileen M. Cannon on 4/27/2021. (ad) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michele R. Fisher. Filing Fee $ 200.00 Receipt # AFLSDC-14634865 by MELISSA COSSABOOM. Responses due by 5/10/2021 (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kayla M. Kienzle. Filing Fee $ 200.00 Receipt # AFLSDC-14634778 by MELISSA COSSABOOM. Responses due by 5/10/2021 (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 11
ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statements due by 5/24/2021. Signed by Judge Aileen M. Cannon on 4/23/2021. See attached document for full details. (mee) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 10 NOTICE OF CONSENT TO JOIN as party plaintiff by Paolo Chagas Meireles on behalf of Daniel Tapscott. Attorney Paolo Chagas Meireles added to party Daniel Tapscott (pty:pla). (Attachments: #1 Exhibit A-Consent Form) (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 9 Statement of: Claim by MELISSA COSSABOOM, ANN ADAIR HATCH, Joel Hughes (Meireles, Paolo) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint/Amended Notice of Removal, #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MELISSA COSSABOOM. NVR Mortgage Finance, Inc. served on 4/13/2021, answer due 5/4/2021; NVR, INC. served on 4/13/2021, answer due 5/4/2021. (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 7 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Joel Hughes and Joel Hughes.. Attorney Gregg I. Shavitz added to party Joel Hughes (pty:pla). (Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 6 Clerks Notice to Filer re #5 Amended Complaint. Parties Not Added. ERROR. The Filer failed to add all parties from the complaint/petition/removal, etc. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties. (lbc) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 5 AMENDED COMPLAINT against NVR Mortgage Finance, Inc., NVR, INC., filed by ANN ADAIR HATCH, MELISSA COSSABOOM.(Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
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Filing 4
ORDER IN ACTIONS BROUGHT UNDER THE FAIR LABOR STANDARDS ACT. REFERRING CASE to Magistrate Judge Dave Lee Brannon for purposes of a settlement conference. Statement of Claim due by 5/3/2021. Signed by Judge Aileen M. Cannon on 4/1/2021. See attached document for full details. (mee) [Transferred from Florida Southern on 6/6/2023.]
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| Filing 3 Summons Issued as to NVR Mortgage Finance, Inc., NVR, INC. (scn) [Transferred from Florida Southern on 6/6/2023.] |
| 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 Dave Lee Brannon 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. (scn) [Transferred from Florida Southern on 6/6/2023.] |
| Filing 1 COMPLAINT against NVR Mortgage Finance, Inc., NVR, INC.. Filing fees $ 402.00 receipt number AFLSDC-14568091, filed by ANN ADAIR HATCH, MELISSA COSSABOOM. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Summons for NVR Inc., #3 Summon(s) Summons for NVR Mortgage Finance Inc.)(Shavitz, Gregg) [Transferred from Florida Southern on 6/6/2023.] |
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