Henderson v. CDR Maguire, Inc. et al
| Florida Southern District Court | |
| Judge: | Darrin P Gayles |
| Case #: | 1:22-cv-23163 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:0201 Fair Labor Standards Act |
| Case Filed: | Sep 29, 2022 |
| Terminated: | Dec 29, 2022 |
| Last checked: Wednesday Mar 29, 2023 5:42 AM EDT |
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Defendant
CDR Health Care, Inc.
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Represented By
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Defendant
CDR Maguire, Inc.
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Represented By
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Mediator
Susan N. Eisenberg
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Plaintiff
Brandolyn Henderson
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Represented By
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Plaintiff
Bridget Hobbs
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Represented By
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| Docket last updated: 1 hours ago |
| Thursday, January 19, 2023 | ||
| 31 | 31
adr
Notice of Mediator Selection and/or Hearing
Thu 01/19 4:32 PM
Joint NOTICE of Mediator Selection and Hearing. Selected/Added Susan N. Eisenberg as Mediator. Mediation Hearing set for 02 22-2023 at 10:00 a.m.. (Andrews, Nicholas) |
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| 30 | 30
notice
Notice of Striking
Thu 01/19 4:24 PM
NOTICE of Striking28 Notice (Other) filed by CDR Maguire, Inc., CDR Health Care, Inc. (Joint Notice of Mediation) by CDR Health Care, Inc., CDR Maguire, Inc. (Andrews, Nicholas) |
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| 28 | 28
notice
Notice (Other)
Thu 01/19 12:20 PM
NOTICE by CDR Health Care, Inc., CDR Maguire, Inc. of Mediation (Joint) (Andrews, Nicholas) |
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notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Thu 01/19 3:15 PM
Clerk's Notice to Filer re28 Notice (Other). Wrong Event Selected ; ERROR - The Filer selected the wrong event. The correct event is Notice of Mediator Selection and/or Hearing; CORRECTIVE ACTION REQUIRED - Filer must file a Notice of Striking, then refile the document using the correct event. (ls) |
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| Thursday, December 29, 2022 | ||
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order
Order on Motion to Stay
Thu 12/29 9:03 AM
PAPERLESS ORDER granting26 Stipulated Motion to Stay Case Pending Mediation. This action is stayed until February 25, 2023, and closed for administrative purposes. This matter is set for a telephonic status conference on March 1, 2023, at 10:00 a.m. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170 . Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (hs01) |
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| Wednesday, December 28, 2022 | ||
| 26 | 26
motion
Stay
Wed 12/28 4:11 PM
MOTION to Stay Case Pending Mediation [STIPULATED] by CDR Health Care, Inc., CDR Maguire, Inc.. Responses due by 1/11/2023 (Andrews, Nicholas) |
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| Monday, December 19, 2022 | ||
| 23 | 23
notice
Notice of Entry of Parties Listed into CM/ECF
Mon 12/19 10:20 AM
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): Bridget Hobbs. (Frisch, Andrew) |
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Att: 1
Consent to Join on behalf of Bridget Hobbs
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| 22 | 22
motion
Miscellaneous Relief
Mon 12/19 10:18 AM
MOTION to Remove Docket Entry re 21 Notice of Entry of Parties Listed into CM/ECF, by Brandolyn Henderson. (Frisch, Andrew) |
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order
Order on Motion for Miscellaneous Relief
Mon 12/19 1:25 PM
PAPERLESS ORDER granting in part22 Motion to Remove. The Court cannot remove an entry from the docket. It can, however, seal a document. Accordingly, the clerk is directed to seal docket entry 21 for five (5) years or until further order of the Court. Signed by Judge Darrin P. Gayles (hs01) |
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notice
Notice of Compliance
Mon 12/19 3:58 PM
CLERK'S NOTICE of Compliance by Sealing DE 21 pursuant to 24 Order. (kpe) |
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| Monday, December 12, 2022 | ||
| 20 | 20
misc
Statement
Mon 12/12 3:14 PM
Statement of: of Claim by Brandolyn Henderson re 7 Notice of Court Practice/to Appear/Other,,,,,,, (Frisch, Andrew) |
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| Thursday, December 08, 2022 | ||
| 19 | 19
answer
Answer to Complaint
Thu 12/08 4:14 PM
Defendants' ANSWER and Affirmative Defenses to Complaint (Plaintiff's Original Collective Action Complaint) by CDR Health Care, Inc., CDR Maguire, Inc.. (Andrews, Nicholas) |
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| Monday, November 14, 2022 | ||
| 17 | 17
motion
Extension of Time
Mon 11/14 2:27 PM
Unopposed MOTION for Extension of Time to Respond to Plaintiff's Complaint re1 Complaint, by CDR Health Care, Inc., CDR Maguire, Inc.. Responses due by 11/28/2022(Hernandez, Ariadna) |
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Att: 1
Text of Proposed Order
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order
Order on Motion for Extension of Time
Mon 11/14 5:02 PM
PAPERLESS ORDER granting17 Motion for Extension of Time. Defendants shall respond to the Complaint on or before December 8, 2022. Signed by Judge Darrin P. Gayles (hs01) |
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utility
~Util - Set/Reset Response/Answer Due Deadline
Tue 11/15 10:45 AM
Reset Response/Answer Due Deadline: CDR Health Care, Inc. response/answer due 12/8/2022; CDR Maguire, Inc. response/answer due 12/8/2022. (ls)(per DE #18) |
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| Sunday, November 13, 2022 | ||
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order
Order on Motion for Substitution of Counsel
Sun 11/13 4:43 PM
PAPERLESS ORDER granting15 Motion for Substitution of Counsel. Ariadna Hernandez and Nicholas S. Andrews are substituted as counsel for Defendants. Attorney Ingrid Hamann Ponce is terminated. Signed by Judge Darrin P. Gayles (hs01) |
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| Thursday, November 10, 2022 | ||
| 15 | 15
motion
Substitution of Counsel
Thu 11/10 5:36 PM
Unopposed STIPULATED MOTION for Substitution of Counsel. Substituting Ariadna Hernandez and Nicholas Andrews for Ingrid Ponce by CDR Health Care, Inc., CDR Maguire, Inc.. Attorney Ariadna Hernandez added to party CDR Health Care, Inc.(pty:dft), Attorney Ariadna Hernandez added to party CDR Maguire, Inc.(pty:dft). Responses due by 11/28/2022(Hernandez, Ariadna) |
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Att: 1
Text of Proposed Order
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| 14 | 14
motion
Substitution of Counsel
Thu 11/10 4:36 PM
Unopposed STIPULATED MOTION for Substitution of Counsel. Substituting Ariadna Hernandez; Nicholas Andrews; David M. Gobeo for Ingrid Ponzo by CDR Health Care, Inc., CDR Maguire, Inc.. Attorney David Matthew Gobeo, II added to party CDR Health Care, Inc.(pty:dft), Attorney David Matthew Gobeo, II added to party CDR Maguire, Inc.(pty:dft). Responses due by 11/28/2022(Gobeo, David) |
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Att: 1
Text of Proposed Order
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| Monday, October 31, 2022 | ||
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order
Order on Motion for Extension of Time to File Response/Reply/Answer
Mon 10/31 2:43 PM
PAPERLESS ORDER granting11 Motion for Extension of Time. Defendants shall respond to the Complaint on or before November 17, 2022. Signed by Judge Darrin P. Gayles (hs01) |
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utility
~Util - Set/Reset Response/Answer Due Deadline
Tue 11/01 11:02 AM
Reset Response/Answer Due Deadline: CDR Health Care, Inc. response/answer due 11/17/2022; CDR Maguire, Inc. response/answer due 11/17/2022. (ls)(per DE #13) |
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| Friday, October 28, 2022 | ||
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notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Fri 10/28 9:55 AM
Clerk's Notice to Filer re11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer . Document Not Linked ; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) |
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| Thursday, October 27, 2022 | ||
| 11 | 11
motion
Extension of Time to File Response/Reply/Answer
Thu 10/27 4:29 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer by CDR Maguire, Inc.. Attorney Ingrid Hamann Ponce added to party CDR Maguire, Inc.(pty:dft).(Ponce, Ingrid) |
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Att: 1
Text of Proposed Order On Defendants Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint
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order
Order on Motion to Appear Pro Hac Vice
Thu 10/27 3:16 PM
PAPERLESS ORDER granting9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Matthew S. Parmet may appear and participate in this action on behalf of Brandolyn Henderson, individually and on behalf of all others similarly situated. The Clerk shall provide electronic notification of all electronic filings to Matthew S. Parmet, at matt@parmet.law and ecf@parmet.law. Signed by Judge Darrin P. Gayles (hs01) |
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| Wednesday, October 26, 2022 | ||
| 9 | 9
motion
Appear Pro Hac Vice - aty
Wed 10/26 1:14 PM
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew S. Parmet. Filing Fee $ 200.00 Receipt # AFLSDC-16054372 by Brandolyn Henderson. Responses due by 11/9/2022(Frisch, Andrew) |
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Att: 1
Certification of Matthew S. Parmet, Esq,
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Att: 2
Text of Proposed Order
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| 8 | 8
service
Summons (Affidavit) Returned Executed
Wed 10/26 10:33 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Brandolyn Henderson. CDR Health Care, Inc. served on 10/7/2022, response/answer due 10/28/2022. (Frisch, Andrew) |
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| Tuesday, October 25, 2022 | ||
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order
Notice of Court Practice/to Appear/Other
Tue 10/25 4:41 PM
NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this actio Signed by Judge Darrin P. Gayles (hs01) |
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order
Notice of Court Practice/to Appear/Other
Tue 10/25 4:42 PM
NOTICE OF COURT PRACTICE. The Complaint in this action is filed under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. ("FLSA"). In order to assist the Court in the management of this case, and in an effort to foster early and cost-effective resolution, the parties are ORDERED to comply with the following procedures: Under Rule 8 of the Federal Rules of Civil Procedure, a plaintiff is required to state a "short and plain statement of the claim." While this Rule places only a light burden on a plaintiff, the Court requires complaints filed under the FLSA to include, at a minimum, a statement setting forth the following with respect to each Plaintiff: (a) An initial estimate of the total amount of alleged unpaid wages; (b) A preliminary calculation of such wages; (c) The approximate period during which the alleged FLSA violations occurred; and (d) The nature of the wages (e.g., overtime or straight time). Plaintiff is directed to file a "Statement of Claim" by November 4, 2022 . Plaintiff(s) shall promptly serve a copy of this Order, the Statement of Claim, and copies of all supporting documents (including time sheets, pay stubs, etc.) upon counsel for Defendant(s) once an appearance has been made or at the time the Statement of Claim is filed (if defense counsel has already appeared). Defendant(s) shall then file a "Response to Plaintiff's Statement of Claim" setting forth in detail any defenses to Plaintiff's claim(s) and serve copies of all supporting documents within twenty (20) days of being served with Plaintiff's Statement of Claim. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the dismissal of this action or entry of default. Signed by Judge Darrin P. Gayles (hs01) |
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| Monday, October 24, 2022 | ||
| 5 | 5
service
Summons (Affidavit) Returned Executed
Mon 10/24 11:01 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Brandolyn Henderson. CDR Maguire, Inc. served on 10/7/2022, response/answer due 10/28/2022. (Frisch, Andrew) |
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| Monday, October 03, 2022 | ||
| 4 | 4
misc
Bar Letter
Mon 10/03 10:37 AM
Bar Letter re: Admissions sent to attorney Matthew S. Parmet, mailing date October 3, 2022, (pt) |
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| Friday, September 30, 2022 | ||
| 3 | 3
service
Summons Issued
Fri 09/30 2:29 PM
Summons Issued as to CDR Health Care, Inc., CDR Maguire, Inc.. (nan) |
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| Thursday, September 29, 2022 | ||
| 1 | 1
9
pgs
cmp
Complaint
Thu 09/29 11:02 AM
COMPLAINT against CDR Health Care, Inc., CDR Maguire, Inc.. Filing fees $ 402.00 receipt number AFLSDC-15985090, filed by Brandolyn Henderson.(Frisch, Andrew) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit 1 - Consent to Join for Brandolyn Henderson,
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Att: 3
Summon(s) as to CDR Maguire, Inc.,
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Att: 4
Summon(s) as to CDR Health Care, Inc.
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order
Clerk's Notice of Judge Assignment and Optional Consent
Fri 09/30 2:11 PM
Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (nan) |
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