Criscione v. Hernandez Construction, LLC
| Florida Southern District Court | |
| Judge: | Rodney Smith |
| Referred: | Panayotta D Augustin-Birch |
| Case #: | 0:24-cv-60292 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 29:0621 Job Discrimination (Age) |
| Case Filed: | Feb 21, 2024 |
| Terminated: | Dec 24, 2024 |
| Last checked: Monday Aug 19, 2024 4:28 AM EDT |
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Defendant
Hernandez Construction, LLC
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Represented By
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Mediator
Pamela I. Perry
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Plaintiff
John Criscione
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Represented By
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| Docket last updated: 12 hours ago |
| Monday, January 27, 2025 | ||
| 40 | 40
1
pgs
order
Order Dismissing/Closing Case or Party
Mon 01/27 4:13 PM
ORDER Dismissing Case (With Prejudice) . All pending motions not otherwise ruled upon are DENIED as moot. Signed by Judge Rodney Smith on 1/27/2025. See attached document for full details. (ar24) |
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| 39 | 39
notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Mon 01/27 3:29 PM
Clerk's Notice to Filer re37 Stipulation. Wrong Event Selected ; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#38]. It is not necessary to refile this document. (ls) |
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| 38 | 38
misc
Stipulation of Dismissal
Mon 01/27 3:29 PM
Joint STIPULATION of Dismissal of Entire Case with Prejudice by John Criscione, Hernandez Construction, LLC (ls)(See Image at DE #37) |
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| 37 | 37
misc
Stipulation
Mon 01/27 3:17 PM
STIPULATION OF DISMISSAL OF ENTIRE CASE WITH PREJUDICE by Hernandez Construction, LLC (Rafael, Diana) |
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| Tuesday, December 24, 2024 | ||
| 36 | 36
order
Notice of Court Practice/to Appear/Other
Thu 12/26 9:41 AM
NOTICE OF COURT PRACTICE ON NOTICE OF SETTLEMENT- The parties shall file their Stipulation of Dismissal in accordance with Federal Rule of Civil Procedure 41 on or before January 27, 2025. All pending motions not otherwise ruled upon are DENIED AS MOOT. This case is CLOSED. Signed by Judge Rodney Smith on 12/24/2024. See attached document for full details. (mab) |
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| 35 | 35
adr
Mediation Report
Tue 12/24 2:46 PM
FINAL MEDIATION REPORT held before Mediator Pamela Perry. Prepared by: Pamela Perry. Filed by Pamela I. Perry. Disposition: Settled in full. (Perry, Pamela) |
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| Thursday, December 12, 2024 | ||
| 34 | 34
order
Order on Motion for Extension of Time
Thu 12/12 2:42 PM
PAPERLESS ORDER granting33 Plaintiff's Unopposed Motion for Extension of Time. Plaintiff shall file its response to Defendant's Motion for for Summary Judgment by December 31, 2024 . Signed by Judge Rodney Smith on 12/12/2024. (cbn) |
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| 33 | 33
motion
Extension of Time
Thu 12/12 12:52 PM
Unopposed MOTION for Extension of Time To respond to motion for summary judgment re26 Defendant's MOTION for Judgment as a Matter of Law by John Criscione. Responses due by 12/26/2024. (Cornell, G) |
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| Monday, December 09, 2024 | ||
| 32 | 32
notice
Notice (Other)
Mon 12/09 3:11 PM
NOTICE of Mediation by Hernandez Construction, LLC (Rafael, Diana) |
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| 31 | 31
1
pgs
order
Order to Show Cause
Mon 12/09 2:53 PM
ORDER TO SHOW CAUSE. Show Cause Response due by 12/11/2024. Signed by Judge Rodney Smith on 12/9/2024. See attached document for full details. (ar24) |
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| Friday, December 06, 2024 | ||
| 30 | 30
misc
Response to Order to Show Cause
Fri 12/06 11:13 AM
RESPONSE TO ORDER TO SHOW CAUSE by Hernandez Construction, LLC.(Rafael, Diana) |
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Att: 1
Exhibit Exhibit 1
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| Tuesday, December 03, 2024 | ||
| 29 | 29
1
pgs
order
Order on Motion for Extension of Time to Mediate
Tue 12/03 3:22 PM
ORDER GRANTING MOTION TO EXTEND TIME TO MEDIATE re22 Motion for Extension of Time to Mediate. Mediation Deadline 12/18/2024. Signed by Judge Rodney Smith on 12/3/2024. See attached document for full details. (ebz) |
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| 27 | 27
order
Order on Motion for Extension of Time
Tue 12/03 9:32 AM
PAPERLESS ORDER denying25 Revised Joint Motion for Extension of Time to File Dispositive Motions. The parties have failed to show "good cause," as required by Federal Rule of Civil Procedure 16(b)(4). This case was filed in February 2024. It appears from the motion that the parties did not begin taking depositions until November 2024. The parties have not explained the reason for this delay. Thus, the parties have failed to establish that they have been diligent. Signed by Judge Rodney Smith on 12/3/2024. (cbn) |
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| Monday, December 02, 2024 | ||
| 28 | 28
1
pgs
order
Order to Show Cause
Tue 12/03 10:23 AM
ORDER TO SHOW CAUSE. Show Cause Response due by 12/6/2024. Signed by Judge Rodney Smith on 12/2/2024. See attached document for full details. (ebz) |
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| 26 | 26
motion
Judgment as a Matter of Law
Mon 12/02 11:58 PM
Defendant's MOTION for Judgment as a Matter of Law by Hernandez Construction, LLC.(Rafael, Diana) |
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Att: 1
Exhibit Material Facts,
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Att: 2
Deposition Plaintiff's Deposition,
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Att: 3
Exhibit to Deposition,
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Att: 4
Exhibit to Deposition,
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Att: 5
Affidavit of Tom Burkett,
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Att: 6
Deposition of Jeff Morrow,
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Att: 7
Affidavit of Don Woods
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| 25 | 25
motion
Extension of Time
Mon 12/02 6:40 PM
Joint MOTION for Extension of Time to File Dispositive Motions by Hernandez Construction, LLC. Responses due by 12/16/2024.(Rafael, Diana) |
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Att: 1
Text of Proposed Order Granting Revised Joint Motion for Extension of Time to File Dispositive Motions
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| 24 | 24
order
Order on Motion for Extension of Time
Mon 12/02 5:09 PM
PAPERLESS ORDER denying23 Joint Motion for Extension of Time to File Dispositive Motions. The parties have failed to show "good cause," as required by Federal Rule of Civil Procedure 16(b)(4). Signed by Judge Rodney Smith on 12/2/2024. (cbn) |
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| 23 | 23
motion
Extension of Time
Mon 12/02 4:54 PM
Joint MOTION for Extension of Time to File Dispositive Motions by Hernandez Construction, LLC. Responses due by 12/16/2024.(Rafael, Diana) |
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Att: 1
Text of Proposed Order Order Granting Joint Motion for Extension of Time to File Dispositive Motions
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| 22 | 22
motion
Extension of Time to Mediate
Mon 12/02 4:48 PM
Joint MOTION for Extension of Time to Mediate by Hernandez Construction, LLC.(Rafael, Diana) |
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Att: 1
Text of Proposed Order Order Granting Joint Motion for Two-Day Extension of Time to Conduct Mediation
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| Tuesday, October 22, 2024 | ||
| 21 | 21
notice
Notice (Other)
Tue 10/22 11:58 AM
NOTICE of Deposition of John Criscione by Hernandez Construction, LLC (Rafael, Diana) |
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| Friday, October 18, 2024 | ||
| 20 | 20
discov
Notice to Take Deposition
Fri 10/18 5:03 PM
NOTICE to Take Deposition of RANDALL CUMMINGS by John Criscione.(Cornell, G) |
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| 19 | 19
discov
Notice to Take Deposition
Fri 10/18 5:01 PM
NOTICE to Take Deposition of Jeff Morrow by John Criscione.(Cornell, G) |
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| Thursday, October 17, 2024 | ||
| 18 | 18
trial
Witness List
Thu 10/17 8:58 PM
Witness List by Hernandez Construction, LLC.. (Rafael, Diana) |
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| Thursday, June 20, 2024 | ||
| 17 | 17
adr
Notice of Mediator Selection and/or Hearing
Thu 06/20 3:19 PM
Corrected NOTICE of Mediation Hearing. Mediation Hearing set for 11/19/2024 at 10 a.m.. (Cornell, G) |
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| Monday, June 17, 2024 | ||
| 16 | 16
1
pgs
order
Order to Show Cause
Tue 06/18 8:55 AM
ORDER TO SHOW CAUSE. Show Cause Response due by 6/20/2024. Signed by Judge Rodney Smith on 6/17/2024. See attached document for full details. (ebz) |
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| Friday, June 14, 2024 | ||
| 15 | 15
adr
Notice of Mediator Selection and/or Hearing
Fri 06/14 5:16 AM
Joint NOTICE of Mediator Selection. Selected/Added Pam Perry as Mediator. (Cornell, G) |
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| Friday, May 17, 2024 | ||
| 14 | 14
order
- Order (PAPERLESS or pdf attached)
Fri 05/17 3:30 PM
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 5/17/2024. See attached document for full details. (sk01) |
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| 13 | 13
2
pgs
order
Order Referring Case to Mediation
Fri 05/17 3:01 PM
ORDER OF REFERRAL TO MEDIATION. Mediation Deadline 12/16/2024. Signed by Judge Rodney Smith on 5/17/2024. See attached document for full details. (ebz) |
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| 12 | 12
order
Scheduling Order Order Referring Case to Magistrate Judge
Fri 05/17 3:00 PM
ORDER SETTING CIVIL TRIAL DATE, PRETRIAL DEADLINES, AND REFERRAL TO MAGISTRATE JUDGE: (Jury Trial set for 5/5/2025 09:00 AM in Fort Lauderdale Division before Judge Rodney Smith, Calendar Call set for 4/29/2025 09:00 AM in Fort Lauderdale Division before Judge Rodney Smith, Amended Pleadings due by 5/31/2024, Expert Discovery due by 11/18/2024, Fact Discovery due by 11/18/2024, Joinder of Parties due by 5/31/2024, Mediation Deadline 12/16/2024, In Limine Motions due by 4/4/2025, Dispositive Motions due by 12/2/2024, Motions due by 4/4/2025, Pretrial Stipulation due by 4/4/2025), ORDER REFERRING CASE to Magistrate Judge Panayotta D. Augustin-Birch for Pretrial Non-Dispositive Matters. Signed by Judge Rodney Smith on 5/17/2024. See attached document for full details. (ebz) |
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| Monday, April 15, 2024 | ||
| 11 | 11
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Mon 04/15 5:54 PM
Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Hernandez Construction, LLC (Rafael, Diana) |
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| 10 | 10
misc
Scheduling Report - Rule 26(f)/16.1
Mon 04/15 5:45 PM
Joint SCHEDULING REPORT - Rule 26(f) by Hernandez Construction, LLC(Rafael, Diana) |
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Att: 1
Text of Proposed Order Proposed Scheduling Order,
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Att: 2
Certification Election to Jurisdiction by a Magistrate for Final Disposition of Motions,
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Att: 3
Certification Election to Jurisdiction by a Magistrate for Trial
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| 9 | 9
notice
Notice of Compliance
Mon 04/15 4:28 PM
NOTICE of Compliance Certicate of Interested Persons by John Criscione re7 Order Requiring Joint Scheduling Report, (Cornell, G) |
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| Friday, March 29, 2024 | ||
| 8 | 8
answer
Answer to Complaint
Fri 03/29 3:24 PM
Defendant's ANSWER and Affirmative Defenses to Complaint with Jury Demand by Hernandez Construction, LLC. (Rafael, Diana) |
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| Monday, March 18, 2024 | ||
| 7 | 7
8
pgs
order
Order Requiring Joint Scheduling Report
Mon 03/18 12:53 PM
ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENTS. Joint Scheduling Report due by 4/15/2024 Signed by Judge Rodney Smith on 3/18/2024. See attached document for full details. (nan) |
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| 6 | 6
order
Order on Motion for Extension of Time
Mon 03/18 11:45 AM
PAPERLESS ORDER granting5 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant shall file its response by March 29, 2024 . In the future, any motions for extension of time filed on the day of the deadline shall be denied absent extraordinary circumstances. Signed by Judge Rodney Smith on 3/18/2024. (cbn) |
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utility
~Util - Set/Reset Response/Answer Due Deadline
Mon 03/18 11:52 AM
Set Response/Answer Due Deadline: Hernandez Construction, LLC response/answer due 3/29/2024. PER DE#6 (cds) |
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| Friday, March 15, 2024 | ||
| 5 | 5
motion
Extension of Time
Fri 03/15 7:16 PM
Defendant's MOTION for Extension of Time to Respond to Complaint by Hernandez Construction, LLC. Responses due by 3/29/2024.(Rafael, Diana) |
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Att: 1
Text of Proposed Order Granting Defendant's Motion for Extension of Time
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| 4 | 4
notice
Notice of Attorney Appearance
Fri 03/15 1:15 PM
NOTICE of Attorney Appearance by Diana E. Rafael on behalf of Hernandez Construction, LLC. Attorney Diana E. Rafael added to party Hernandez Construction, LLC(pty:dft). (Rafael, Diana) |
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| Wednesday, February 21, 2024 | ||
| 3 | 3
service
Summons Issued
Wed 02/21 3:56 PM
Summons Issued as to Hernandez Construction, LLC. (wce) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Wed 02/21 3:54 PM
Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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. (wce) |
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cmp
Complaint
Wed 02/21 2:49 PM
COMPLAINT against Hernandez Construction LLC. Filing fees $ 405.00 receipt number AFLSDC-17308947, filed by John Criscione.(Cornell, G) |
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Att: 1
Summon(s),
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Att: 2
Civil Cover Sheet
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