Rojas et al v. Dolphin Towing & Recovery, Inc. et al
| Florida Southern District Court | |
| Judge: | Jacqueline Becerra |
| Referred: | Jacqueline Becerra |
| Case #: | 1:21-cv-24385 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 15:5(a) Fair Labor Standards Act |
| Case Filed: | Dec 19, 2021 |
| Terminated: | May 13, 2022 |
| Last checked: Friday Jun 17, 2022 5:04 AM EDT |
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Defendant
Dolphin Towing & Recovery, Inc.
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Represented By
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Defendant
Xavier Nodarse
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Represented By
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Defendant
Roberto Nodarse, Jr.
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Represented By
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Plaintiff
Jonathan Burgos
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Represented By
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Plaintiff
Alex Rojas
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Represented By
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| Docket last updated: 6 hours ago |
| Monday, May 16, 2022 | ||
| 27 | 27
order
- Order (PAPERLESS or pdf attached) ~Util - Terminate Deadlines and Hearings
Mon 05/16 2:34 PM
ORDER MEMORIALIZING THE APPROVAL OF FLSA SETTLEMENT AND CLOSING CASE Signed by Magistrate Judge Jacqueline Becerra on 5/16/2022. See attached document for full details. (ail) |
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| Friday, May 13, 2022 | ||
| 26 | 26
1
pgs
order
Order Referring Case to Magistrate Judge
Fri 05/13 4:57 PM
ORDER OF REFERENCE TO MAGISTRATE JUDGE FOR CONSENT MATTERS. Magistrate Judge Jacqueline Becerra for Trial. Judge Jose E. Martinez no longer assigned as presider/referral judge(s) in case. Signed by Judge Jose E. Martinez on 5/13/2022. See attached document for full details. (ail) |
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| 25 | 25
order
Administrative Order
Fri 05/13 9:05 AM
ORDER ON NOTICE OF SETTLEMENT. The Clerk shall ADMINISTRATIVELY CLOSE this case for statistical purposes only. This shall not affect the substantive rights of the parties. Signed by Judge Jose E. Martinez on 5/12/2022. See attached document for full details. (ail) |
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| Thursday, May 12, 2022 | ||
| 24 | 24
misc
Consent to Jurisdiction by US Magistrate Judge
Thu 05/12 2:08 PM
Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Jonathan Burgos, Alex Rojas (Padilla, Santiago) |
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minutes
Settlement Conference
Thu 05/12 11:00 AM
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jacqueline Becerra: Settlement Conference held on 5/12/2022. Case settled. Attorney Appearance(s): Santiago Jose Padilla, Michael Garcia Petit, Other appearances: Parties for both sides were present. (Digital 10:41:32) Total time in court: 1 hour(s) : 54 minutes. (dgj) |
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| Wednesday, April 20, 2022 | ||
| 22 | 22
misc
Report Regarding
Wed 04/20 2:19 PM
REPORT REGARDING Court Ordered Conference of Parties by Jonathan Burgos, Alex Rojas (Padilla, Santiago) |
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| Monday, April 18, 2022 | ||
| 21 | 21
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Mon 04/18 10:28 PM
Plaintiff's Corporate Disclosure Statement by Jonathan Burgos, Alex Rojas (Padilla, Santiago) |
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| Thursday, April 14, 2022 | ||
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order
Order Setting/Cancelling Hearing
Thu 04/14 4:22 PM
PAPERLESS ORDER SETTING SETTLEMENT CONFERENCE. The in-person Settlement Conference in this matter is scheduled for 9:00 A.M. on Thursday, May 12, 2022, before the undersigned in Courtroom 1006, 99 N.E. 4th Street, Miami, Florida, 33132. Parties should note that: (1) The Conference shall be conducted without a court reporter and will not be tape recorded. All representations made at the Conference shall remain confidential. However, if a settlement is reached, the Court may require the parties to state the material terms of the agreement on the Court record. (2) The parties are not required to submit any statements/documentation in preparation for the Conference. However, counsel for Plaintiff(s) should be prepared to provide the Court with billing and/or time records to support an award of fees, should the parties decide to reach an agreement on attorneys' fees as part of the settlement. (3) Each counsel is required to meet (either in person or by phone) with their client(s) regarding settlement at least five days prior to the Settlement Conference. (4) Counsel must confer with each other (either in person or by phone) to discuss their respective settlement positions, and to exchange settlement offers before the date of the Settlement Conference set above. (5) The Court does not provide an interpreter for parties who do not speak English. If a party requires an interpreter, it shall be that party's burden to provide one. (6) Although counsel of record may bring laptop computers or cellular phones into the Federal Courthouse, absent an Order of the Court, the parties are not allowed to do so. (7) Counsel shall remind their clients that they must bring proper identification (for example, a driver's license). Prior to your courthouse visit, please[LINK:click here] to view our COVID-19 Rules and Procedures. Signed by Magistrate Judge Jacqueline Becerra on 4/14/2022. (cor) |
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| Monday, April 04, 2022 | ||
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order
- Order (PAPERLESS or pdf attached)
Mon 04/04 1:11 PM
PAPERLESS ORDER REGARDING PROCEDURES TO SET SETTLEMENT CONFERENCE. To set the Settlement Conference mandated by the District Court, ECF No. 14 , counsel for Plaintiff shall send an e-mail, to chambers_becerra@flsd.uscourts.gov, within seven days of all counsel filing their Notice of Appearances, or within seven days of this order if all counsel have already filed appearances. The e-mail shall list at least three different dates and times where all counsel and parties are available for the Settlement Conference. These dates must all be within 20 days of that date of the e-mail to chambers. The Court prefers to set settlement conferences on Tuesdays and Thursdays at 9:00 a.m., 12:00 p.m., or 3:00 p.m. If counsel and the parties are not available on those dates and times, they are permitted to propose other dates and times, but all proposed dates must be within the deadline set above. Plaintiff's counsel shall copy all counsel on the e-mail to chambers. Failure to submit proposed dates by the deadline will result in the Court setting the conference unilaterally. The Settlement Conference will not be continued absent compelling circumstances (i.e., counsel has a conflict with another court hearing). The settlement conference will be conducted in-person. In providing dates for the Settlement Conference, counsel should note that: (1) The Settlement Conference must be attended, except as provided under Local Rule 16.2(e) for public-sector entities, by counsel of record and each party, or representatives of each party with full authority to enter into a complete settlement. (2) In the event that a monetary settlement would be payable from proceeds of an insurance policy, a claims professional/representative(s) from the party's insurer, with full and final authority to authorize payment to settle the matter up to the full limits of the party's policy shall be present. The failure of a party representative with full and final authority to make and accept offers of settlement to attend this Conference may result in the undersigned's sua sponte recommendation to the District Judge that sanctions be entered against the offending party. Signed by Magistrate Judge Jacqueline Becerra on 4/4/2022. (cor) |
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| Monday, March 21, 2022 | ||
| 18 | 18
notice
Notice of Compliance
Mon 03/21 10:59 PM
NOTICE of Compliance and Response to Plaintiffs' Statement of Claim by Dolphin Towing & Recovery, Inc., Xavier Nodarse, Roberto Nodarse, Jr. re5 Notice of Court Practice/to Appear/Other (Petit, Michael) |
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Att: 1
Exhibit
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| Monday, March 14, 2022 | ||
| 17 | 17
order
Scheduling Order Order Referring Case to Mediation Order Referring Case to Magistrate Judge
Mon 03/14 2:11 PM
ORDER SETTING CIVIL TRIAL DATE AND PRETRIALSCHEDULE: ( Jury Trial set for 3/27/2023 09:30 AM in Miami Division before Judge Jose E. Martinez., Calendar Call set for 3/23/2023 01:30 PM in Miami Division before Judge Jose E. Martinez.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 1/23/2023.)and REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE. Signed by Judge Jose E. Martinez on 3/14/2022. See attached document for full details. (drz) |
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| 15 | 15
motion
Extension of Time
Mon 03/14 11:51 AM
MOTION for Extension of Time to Comply with Notice of Court Practices in FLSA Cases by Dolphin Towing & Recovery, Inc., Xavier Nodarse, Roberto Nodarse, Jr.. Responses due by 3/28/2022(Petit, Michael) |
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Att: 1
Proposed Order
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order
Order Referring Case to Magistrate Judge
Mon 03/14 11:25 AM
PAPERLESS ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for a Settlement Conference. Except as provided in Local Rule 16.2(e), the appearance of counsel and each party, or a representative with full settlement authority, is mandatory. The Court normally mandates that appearance be in person; however, given the restrictions caused by COVID-19, Judge Becerra will dictate how participation will occur. Signed by Judge Jose E. Martinez on 3/14/2022. (ah05) |
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order
Order on Motion for Extension of Time
Mon 03/14 12:07 PM
PAPERLESS ORDER granting15 Motion for Extension of Time to Comply with Notice of Court Practices in FLSA Cases. Defendants shall comply with the Court's Order,5 , on or before March 21, 2022 . Signed by Judge Jose E. Martinez on 3/14/2022. (ah05) |
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| Wednesday, March 09, 2022 | ||
| 13 | 13
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Wed 03/09 4:19 PM
Corporate Disclosure Statement by Dolphin Towing & Recovery, Inc. (Petit, Michael) |
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| 12 | 12
answer
Answer to Complaint
Wed 03/09 4:17 PM
ANSWER and Affirmative Defenses to Complaint with Jury Demand by Dolphin Towing & Recovery, Inc., Xavier Nodarse, Roberto Nodarse, Jr.. Attorney Michael Garcia Petit added to party Dolphin Towing & Recovery, Inc.(pty:dft), Attorney Michael Garcia Petit added to party Xavier Nodarse(pty:dft), Attorney Michael Garcia Petit added to party Roberto Nodarse, Jr.(pty:dft). (Petit, Michael) |
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| Friday, February 18, 2022 | ||
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order
Order on Motion for Extension of Time to File Response/Reply/Answer
Fri 02/18 9:12 AM
PAPERLESS ORDER granting10 Motion for Extension of Time to Respond to the Complaint. Defendants shall respond on or before March 9, 2022 . Signed by Judge Jose E. Martinez on 2/18/2022. (ah05) |
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utility
~Util - Set/Reset Response/Answer Due Deadline
Fri 02/18 11:55 AM
Set/Reset Response/Answer Due Deadline per DE 11 Paperless Order: Dolphin Towing & Recovery, Inc. response/answer due 3/9/2022; Xavier Nodarse response/answer due 3/9/2022; Roberto Nodarse, Jr. response/answer due 3/9/2022. (amb) |
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| Thursday, February 17, 2022 | ||
| 10 | 10
motion
Extension of Time to File Response/Reply/Answer
Thu 02/17 7:40 PM
MOTION for Extension of Time to File Response/Reply/Answer as to1 Complaint, by Dolphin Towing & Recovery, Inc., Xavier Nodarse, Roberto Nodarse, Jr..(Petit, Michael) |
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Att: 1
Proposed Order on Motion for Enlargement of Time
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| Thursday, January 27, 2022 | ||
| 9 | 9
service
Summons (Affidavit) Returned Executed
Thu 01/27 7:21 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Alex Rojas, Jonathan Burgos. All Defendants.(Padilla, Santiago) |
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Att: 1
Exhibit "A" - Affidavits of Service
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| Thursday, January 06, 2022 | ||
| 8 | 8
misc
Statement
Thu 01/06 11:32 PM
Statement of: Claim by Jonathan Burgos, Alex Rojas re5 Notice of Court Practice/to Appear/Other (Padilla, Santiago) |
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| Monday, December 20, 2021 | ||
| 7 | 7
service
Summons Issued
Mon 12/20 10:57 AM
Summons Issued as to Roberto Nodarse, Jr. (drz) |
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| 6 | 6
notice
Notice (Other)
Mon 12/20 10:28 AM
NOTICE by Jonathan Burgos, Alex Rojas re 4 Clerks Notice to Filer re: Electronic Case, Summons(es) (Padilla, Santiago) |
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Att: 1
Summon(s)
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| 5 | 5
order
Notice of Court Practice/to Appear/Other
Mon 12/20 9:05 AM
Notice of Court Practices in FLSA Cases. Signed by Judge Jose E. Martinez on 12/20/2021. See attached document for full details. (drz) |
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| 3 | 3
service
Summons Issued
Mon 12/20 8:41 AM
Summons Issued as to Dolphin Towing & Recovery, Inc., Xavier Nodarse. (drz) |
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order
Clerks Notice to Filer - ELECTRONIC CASE, SUMMONS(ES)
Mon 12/20 8:43 AM
Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents. ( summons for Roberto Nodarse not issued) (drz) |
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| Sunday, December 19, 2021 | ||
| 1 | 1
cmp
Complaint
Sun 12/19 6:35 PM
COMPLAINT FOR VIOLATION OF THE FAIR LABOR STANDARDS ACT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15259722, filed by Alex Rojas, Jonathan Burgos.(Padilla, Santiago) |
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Att: 1
Civil Cover Sheet Civil Cover Sheet,
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Att: 2
Summon(s) Summons
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order
Clerk's Notice of Judge Assignment and Optional Consent
Mon 12/20 8:37 AM
Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (drz) |
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