Fiallos et al v. DR. G's URGENT CARE LLC et al
Florida Southern District Court | |
Judge: | Melissa Damian |
Referred: | William Matthewman |
Case #: | 9:24-cv-80338 |
Nature of Suit | 710 Labor - Fair Labor Standards Act |
Cause | 29:0201 Fair Labor Standards Act |
Case Filed: | Mar 20, 2024 |
Terminated: | May 14, 2025 |
Last checked: Monday Sep 16, 2024 4:26 AM EDT |
Defendant
DR. G's URGENT CARE LLC
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Represented By
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Defendant
Mylissa Graber
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Represented By
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Plaintiff
Roslyn Achmad
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Represented By
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Plaintiff
Juan Bedoya
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Represented By
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Plaintiff
Shalan Blair
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Represented By
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Plaintiff
Tamara Chin
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Represented By
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Plaintiff
Susan Dash
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Represented By
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Plaintiff
Steffi Fiallos
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Represented By
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Plaintiff
Leonardo Laina
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Represented By
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Plaintiff
Rachel Panosian
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Represented By
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Plaintiff
Nathalie Vachon
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Represented By
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Docket last updated: 2 hours ago |
Wednesday, May 14, 2025 | ||
47 | 47
![]() ORDER ADMINISTRATIVELY CLOSING CASE. (Without Prejudice) Signed by Judge Melissa Damian on 5/14/2025. See attached document for full details. (gqa) |
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Tuesday, May 13, 2025 | ||
46 | 46
![]() NOTICE of Settlement by DR. G's URGENT CARE LLC, Mylissa Graber (Unruh, Jesse) |
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Thursday, April 24, 2025 | ||
45 | 45
order
Order on Motion for Extension of Time to Mediate
Thu 04/24 1:01 PM
PAPERLESS ORDER granting44 Motion for Extension of Time to Mediate. THIS CAUSE is before the Court on the parties' Joint Motion for Extension of Time to Complete Mediation, filed April 23, 2025 [ECF No. 44 (the "Motion")]. THE COURT has considered the Motion and is otherwise fully advised in the premises. Finding good cause for the requested relief, and noting that the Motion is jointly filed, it is hereby ORDERED and ADJUDGED that the Motion is GRANTED. The parties shall complete mediation and file a mediation report no later than May 30, 2025. Signed by Judge Melissa Damian on 4/24/2025. (pg00) |
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Wednesday, April 23, 2025 | ||
44 | 44
![]() Joint MOTION for Extension of Time to Mediate by DR. G's URGENT CARE LLC, Mylissa Graber. (Unruh, Jesse) |
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Thursday, April 17, 2025 | ||
43 | 43
order
Order on Emergency Motion with Certification of Emergency
Thu 04/17 10:22 AM
PAPERLESS ORDER: The Court has carefully reviewed Defendants' Emergency Motion for Protective Order [DE 39], as well as the attachments thereto. The Motion is DENIED as an emergency. It is not a true emergency pursuant to S.D. Fla. L.R. 7.1(d)(1). However, the Court will treat the Motion as an expedited motion as it meets the criteria under S.D. Fla. L.R. 7.1(d)(2). It is alleged that Plaintiffs' counsel has repeatedly failed to respond to Defendants' counsel about the clear error and inconsistency in the Notice of Taking Deposition, thus making it impossible for Defendants to determine the date(s) of the depositions noticed. Therefore, Defendants' Motion is GRANTED on an expedited basis. The depositions set by Plaintiffs of Defendants are hereby canceled. Plaintiffs may re-set the depositions if their counsel can comply with the Local Rules and confer in good faith with Defendants' counsel to re-schedule the depositions within the discovery cutoff. The Court shall consider sanctions or cost-shifting against any party or counsel who fails to confer and cooperate, fails to comply with all discovery obligations, fails to comply with applicable rules and orders, or who takes a frivolous, dilatory, or unreasonable discovery position. Further, if there are any more discovery disputes in this case, the Court will set down an in-person hearing in the West Palm Beach Federal Courthouse on an expedited basis. Finally, any further discovery motions shall fully comply with the Court's Order Setting Discovery Procedure [DE 32]. Signed by Magistrate Judge William Matthewman on 4/17/2025. (no00) |
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42 | 42
![]() ORDER granting39 Motion for Extension of Time. Discovery due by 5/26/2025. Expert Discovery due by 5/26/2025. In Limine Motions due by 8/15/2025. Motions due by 6/9/2025. Pretrial Stipulation due by 8/15/2025. Calendar Call set for 9/3/2025 at 01:30 PM in Fort Lauderdale Division before Judge Melissa Damian. Jury Trial set for 9/8/2025 in Fort Lauderdale Division before Judge Melissa Damian. Signed by Judge Melissa Damian on 4/16/2025. See attached document for full details. (gqa) |
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Wednesday, April 16, 2025 | ||
41 | 41
![]() Defendant's EMERGENCY MOTION with Certification of Emergency included Emergency Motion for Protective Order by DR. G's URGENT CARE LLC, Mylissa Graber. Responses due by 4/30/2025. (Unruh, Jesse) |
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Tuesday, April 08, 2025 | ||
40 | 40
![]() ORDER DIRECTING PLAINTIFFS TO FILE EXPEDITED RESPONSE TO39 MOTION, ( Responses due by 4/11/2025.) Signed by Judge Melissa Damian on 4/8/2025. See attached document for full details. (cqs) |
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39 | 39
![]() Defendant's MOTION for Extension of Time to Complete Discovery by DR. G's URGENT CARE LLC, Mylissa Graber. Responses due by 4/22/2025. (Unruh, Jesse) |
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Thursday, January 02, 2025 | ||
38 | 38
![]() ORDER Scheduling Mediation before Mediator Neil Flaxman. Mediation Hearing set for 4/28/2025 10:00 AM. Signed by Judge Melissa Damian on 1/2/2025. See attached document for full details. (cds) |
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Tuesday, December 31, 2024 | ||
37 | 37
![]() NOTICE of Mediator Selection. Selected/Added Neil Flaxman as Mediator.(Unruh, Jesse) |
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Friday, December 27, 2024 | ||
36 | 36
![]() ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME TO SCHEDULE MEDIATION [ECF NO.35 ]. The parties shall select a mediator no later than December 30, 2024. Signed by Judge Melissa Damian on 12/27/2024. See attached document for full details. (kpe) |
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Monday, December 23, 2024 | ||
35 | 35
![]() Joint MOTION for Extension of Time to Select Mediator and Schedule Mediation re30 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, by Roslyn Achmad, Juan Bedoya, Shalan Blair, Tamara Chin, Susan Dash, Steffi Fiallos, Leonardo Laina, Rachel Panosian, Nathalie Vachon. Responses due by 1/6/2025.(Militzok, Brian) |
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Thursday, November 21, 2024 | ||
34 | 34
order
Order on Motion to Compel
Thu 11/21 8:31 AM
PAPERLESS ORDER granting in part and denying in part Plaintiffs' First Motion to Compel [DE 29]. Pursuant to the parties' agreement, which is stated in Defendants' Response in Opposition to Plaintiffs' Motion to Compel [DE 33], Defendants shall provide all of their responses to Plaintiffs' discovery requests on or before November 22, 2024. Further, Plaintiffs' request for sanctions, fees, and costs is denied. Signed by Magistrate Judge William Matthewman on 11/21/2024. (no00) |
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Wednesday, November 20, 2024 | ||
33 | 33
![]() Defendant's RESPONSE to 31 Order on Motion to Compel,,, by DR. G's URGENT CARE LLC, Mylissa Graber. (Unruh, Jesse) |
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Friday, November 15, 2024 | ||
32 | 32
![]() ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge William Matthewman on 11/15/2024. See attached document for full details. (cds) |
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31 | 31
order
Order on Motion to Compel
Fri 11/15 9:36 AM
PAPERLESS ORDER EXPEDITING RESPONSE: The Court has carefully reviewed Plaintiffs' First Motion to Compel [DE 29]. Defendants are hereby ORDERED to file a response to the Motion [DE 29] on or before November 20, 2024. Any reply shall be filed on or before November 22, 2024. Furthermore, the Court will be entering an Order Setting Discovery Procedure separately. The parties are required to comply with that Order throughout the discovery stage of this case. The Court shall consider sanctions or cost-shifting against any party or counsel who fails to comply with all discovery obligations, fails to comply with applicable rules and orders, or who takes a frivolous, dilatory, or unreasonable discovery position. Signed by Magistrate Judge William Matthewman on 11/15/2024. (no00) |
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Thursday, November 14, 2024 | ||
30 | 30
![]() ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 8/11/2025 in Fort Lauderdale Division before Judge Melissa Damian., Calendar Call set for 8/6/2025 01:30 PM in Fort Lauderdale Division before Judge Melissa Damian., Mediation Deadline 5/2/2025.), ORDER REFERRING CASE to Magistrate Judge William Matthewman for Pretrial Non-Dispositive Matters. Signed by Judge Melissa Damian on 11/14/2024. See attached document for full details. (cds) |
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Tuesday, November 12, 2024 | ||
29 | 29
![]() MOTION to Compel Discovery Responses by Roslyn Achmad, Juan Bedoya, Shalan Blair, Tamara Chin, Susan Dash, Steffi Fiallos, Leonardo Laina, Rachel Panosian, Nathalie Vachon. Responses due by 11/26/2024.(Militzok, Brian) |
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Thursday, September 26, 2024 | ||
28 | 28
![]() Joint SCHEDULING REPORT - Rule 16.1 by DR. G's URGENT CARE LLC, Mylissa Graber (Unruh, Jesse) |
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Friday, September 13, 2024 | ||
27 | 27
minutes
Settlement Conference
Fri 09/13 8:46 AM
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Ryon M. McCabe: Settlement Conference held on 9/11/2024. Case did not settle/impasse declared. Total time in court: 4 hour(s) : 9 minutes. Attorney Appearance(s): Brian Jay Militzok, Jesse Ian Unruh, Other appearances: Defendant, Plaintiffs. (Digital Zoom Start Time: 1:00 PM) (sim) |
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Friday, September 06, 2024 | ||
26 | 26
order
- Order (PAPERLESS or pdf attached)
Fri 09/06 2:26 PM
PAPERLESS ORDER granting24 Joint Motion for Leave to Appear Settlement Conference Remotely. The Settlement Conference will take place on September 11, 2024 at 1:00 PM via Zoom VTC in West Palm Beach Division before Magistrate Judge Ryon M. McCabe. To log in through ZoomGov Meeting, use Meeting ID: 160 263 9132 and Passcode: 929006. By or before September 10, 2024 at Noon 12:00 PM, each party's counsel shall email to chambers (mccabe@flsd.uscourts.gov), but not file, a candid memorandum of ten pages or less with its respective views in the light most favorable to its client, as well as any proposed settlement amount(s), citation to legal authority, or additional information that will be helpful to the Court in preparing for the settlement conference. Each memorandum shall include a specific recitation of relevant facts, a discussion of case strengths and weaknesses, and a report on the parties' pre-conference settlement efforts outlined above. If not already part of the record, copies of any critical agreements, business records, photographs, or other documents shall be attached to the memorandum. Counsel shall indicate what portions of the submissions, if any, may be shared with the opposing party/counsel at the settlement conference. Otherwise, the information will not be shared. Signed by Magistrate Judge Ryon M. McCabe on 9/6/2024. (sim) Modified text/status per Chambers on 9/6/2024 (sk) |
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25 | 25
notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Fri 09/06 12:28 PM
Clerk's Notice to Filer re24 Miscellaneous Relief. Filer Selected the Wrong Motion Relief(s) ; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk (Motion for Leave to Appear). It is not necessary to refile this document but future motions filed must include applicable reliefs. (cds) |
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24 | 24
![]() Joint MOTION For Leave to Attend Settlement Conference Remotely by DR. G's URGENT CARE LLC, Mylissa Graber.(Unruh, Jesse) Modified Relief on 9/6/2024 (cds) |
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utility
~Util - Set/Reset Hearings
Fri 09/06 2:36 PM
Set/Reset Hearings Settlement Conference set for 9/11/2024 01:00 PM in West Palm Beach Division before Magistrate Judge Ryon M. McCabe. (Per Chambers) - See ECF No. 26 PAPERLESS ORDER (sk) |
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utility
~Util - Set/Reset Hearings
Fri 09/06 2:38 PM
Set Hearings per DE 26 Order. Settlement Conference set for 9/11/2024 01:00 PM in West Palm Beach Division before Magistrate Judge Ryon M. McCabe. (kpe) |
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Tuesday, September 03, 2024 | ||
23 | 23
order
- Order (PAPERLESS or pdf attached)
Tue 09/03 12:12 PM
PAPERLESS ORDER: This case has been referred to the undersigned for a settlement conference to take place no later than September 11, 2024 22 . The parties shall advise the undersigned (mccabe@flsd.uscourts.gov) within 24 hours as to which of the following dates and times they mutually prefer for a 4-hour settlement conference: September 6 at 9AM, September 6 at 1PM, September 9 at 1PM, September 10 at 1PM, September 11 at 1PM. The settlement conference will take place by Zoom unless the parties request otherwise. Signed by Magistrate Judge Ryon M. McCabe on 9/3/2024. (sim) |
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utility
~Util - Add and Terminate Judges
Tue 09/03 11:50 AM
Magistrate Judge Ryon M. McCabe added. Magistrate Judge William Matthewman no longer assigned to case. (sk) |
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Wednesday, August 28, 2024 | ||
22 | 22
order
Pretrial Order
Wed 08/28 2:31 PM
PAPERLESS PRETRIAL ORDER THIS CAUSE is before the Court sua sponte . On August 27, 2024, the Court granted the parties' Joint Motion for Extension of Time to Conduct Settlement Conference [ECF No. 20], ordering that the parties schedule a settlement conference with Judge Matthewman to occur no later than September 11, 2024. [ECF No. 21]. Upon further review, the parties shall instead schedule a settlement conference with Judge Ryon M. McCabe to occur no later than September 11, 2024. Signed by Judge Melissa Damian on 8/28/2024. (pg00) |
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Tuesday, August 27, 2024 | ||
21 | 21
order
Order on Motion for Extension of Time
Tue 08/27 9:32 AM
PAPERLESS ORDER granting20 Motion for Extension of Time. THIS CAUSE is before the Court on the parties' Joint Motion for Extension of Time to Conduct Settlement Conference [ECF No. 20] (the "Motion"), filed August 22, 2024. THE COURT has considered the Motion and is otherwise fully advised in the premises. Finding good cause for the requested relief and noting that the Motion is jointly filed, it is hereby ORDERED and ADJUDGED that the Motion is GRANTED. The parties shall schedule a settlement conference with Judge Matthewman to occur no later than September 11, 2024. Signed by Judge Melissa Damian on 8/27/2024. (pg00) |
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Thursday, August 22, 2024 | ||
20 | 20
![]() Joint MOTION for Extension of Time to Conduct Settlement Conference by DR. G's URGENT CARE LLC, Mylissa Graber. Responses due by 9/5/2024. (Unruh, Jesse) |
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Wednesday, August 14, 2024 | ||
19 | 19
![]() Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by DR. G's URGENT CARE LLC, Mylissa Graber (Unruh, Jesse) |
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18 | 18
![]() Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Roslyn Achmad, Juan Bedoya, Shalan Blair, Tamara Chin, Susan Dash, Steffi Fiallos, Leonardo Laina, Rachel Panosian, Nathalie Vachon (Militzok, Brian) |
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Thursday, August 08, 2024 | ||
17 | 17
![]() Defendant's RESPONSE to Plaintiffs' Statements of Claim by DR. G's URGENT CARE LLC, Mylissa Graber. (Unruh, Jesse) |
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Monday, August 05, 2024 | ||
16 | 16
order
Order on Motion for Extension of Time
Mon 08/05 6:21 PM
PAPERLESS ORDER granting15 Motion for Extension of Time. THIS CAUSE is before the Court on Defendants, Dr. G's Urgent Care, LLC and Mylissa Graber's, Unopposed Motion for Extension of Time to File Response to Plaintiff [sic] Statements of Claims and Complete Service of Related Documents, filed August 5, 2024 [ECF No. 15] (the "Motion"). THE COURT has considered the Motion and is otherwise fully advised in the premises. Finding good cause for the requested extension and noting that the Motion is unopposed, it is hereby ORDERED and ADJUDGED that the Motion is GRANTED. Defendants in this case shall file a response to the Statements of Claims no later than Thursday, August 8, 2024. Signed by Judge Melissa Damian on 8/5/2024. (pg00) |
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15 | 15
![]() Unopposed MOTION for Extension of Time to File Response to Plaintiff Statements of Claims and Complete Service of Related Documents by DR. G's URGENT CARE LLC, Mylissa Graber. Responses due by 8/19/2024. (Unruh, Jesse) |
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Monday, July 22, 2024 | ||
14 | 14
![]() Defendant's ANSWER and Affirmative Defenses to Complaint by DR. G's URGENT CARE LLC, Mylissa Graber. (Unruh, Jesse) |
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Monday, July 15, 2024 | ||
13 | 13
![]() Statement of: Claim by Roslyn Achmad, Juan Bedoya, Shalan Blair, Tamara Chin, Susan Dash, Steffi Fiallos, Leonardo Laina, Rachel Panosian, Nathalie Vachon re12 Notice of Court Practice/to Appear/Other, Order Referring Case to Magistrate Judge(Militzok, Brian) |
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Wednesday, July 03, 2024 | ||
12 | 12
![]() ORDER ON COURT PRACTICE IN FLSA CASE., ORDER REFERRING CASE to Magistrate Judge William Matthewman for Settlement Conference. Signed by Judge Melissa Damian on 7/2/2024. See attached document for full details. (cds) |
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Wednesday, June 12, 2024 | ||
11 | 11
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Wed 06/12 12:32 PM
PAPERLESS ORDER granting10 Motion for Extension of Time to File. THIS CAUSE is before the Court on Defendant, Dr. G's Urgent Care, LLC, Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint, filed June 7, 2024 [ECF No. 10] (the "Motion"). THE COURT has considered the Motion and, being otherwise fully advised in the premises, the Court finds good cause for the requested extension. Noting that the Motion is unopposed and that the requested extension will align Defendants' response deadlines, it is hereby ORDERED and ADJUDGED that the Motion is GRANTED. Dr. G's Urgent Care, LLC shall file a response to the Complaint [ECF No. 1] no later than Monday, July 22, 2024. Signed by Judge Melissa Damian on 6/12/2024. (pg00) |
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Friday, June 07, 2024 | ||
10 | 10
![]() Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by DR. G's URGENT CARE LLC. (Unruh, Jesse) |
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Monday, June 03, 2024 | ||
9 | 9
![]() SUMMONS (Affidavit) Returned Executed on1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Rachel Panosian, Tamara Chin, Leonardo Laina, Susan Dash, Juan Bedoya, Nathalie Vachon, Shalan Blair, Steffi Fiallos, Roslyn Achmad. DR. G's URGENT CARE LLC served on 3/29/2024, response/answer due 4/19/2024. (Militzok, Brian) |
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Friday, May 31, 2024 | ||
8 | 8
![]() ORDER TO SHOW CAUSE AND ORDER DENYING MOTION FOR EXTENSION OF TIME ECF NO.7 AS MOOT. Defendant Graber shall file a Response to the Complaint on or before July 22, 2024 in accordance with the deadline provided based on the waiver of service. Show Cause Response due by 6/7/2024. Signed by Judge Melissa Damian on 5/31/2024. See attached document for full details. (nwn) |
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Wednesday, May 29, 2024 | ||
7 | 7
![]() MOTION for Extension of Time to Answer Complaint by Mylissa Graber. Responses due by 6/12/2024. (Unruh, Jesse) |
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6 | 6
![]() WAIVER OF SERVICE Returned Executed by Mylissa Graber. Mylissa Graber waiver sent on 5/21/2024, response/answer due 7/22/2024. (Unruh, Jesse) |
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Monday, May 20, 2024 | ||
5 | 5
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Mon 05/20 12:34 PM
PAPERLESS ORDER denying as moot4 Motion for Extension of Time to File Response/Reply/Answer. THIS CAUSE is before the Court on Defendant, Dr. G's Urgent Care, LLC's, Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint, filed May 17, 2024 [ECF No. 4] (the "Motion"). THE COURT has considered the Motion and has conducted a review of the record in this case. The record reflects that the Plaintiffs filed the Complaint in this action on March 20, 2024. [ECF No. 1]. The record also reflects that summonses were issued as to both Defendants on March 21, 2024. [ECF No. 3]. However, there is no evidence in the record of when (or if) the summonses were served or executed. Instead, on May 17, 2024, counsel for Defendant Dr. G's Urgent Care, LLC ("Dr. G's") filed the Motion, in which Dr. G's indicates it was served on March 29, 2024. [ECF No. 4 at 1.] The Court also notes that counsel for Defendant Dr. G's has not filed a Notice of Appearance in the case, but that such counsel also indicates in the Motion that it has agreed to accept service on behalf of Defendant Mylissa Graber "as of May 17, 2024." [ECF No. 4 at 2.] Thus, at this point, absent proof of service and/or the filing of waiver of service, there is no deadline for the filing of a response to the Complaint by any Defendant. Accordingly, it is hereby ORDERED and ADJUDGED that Plaintiff shall file proof of service (and/or waiver of service) of the Complaint on both Defendants by May 27, 2024, or show cause why service has not yet been executed. Failure to comply with this Order may result in dismissal of this lawsuit without further notice. It is further ORDERED AND ADJUDGED that Defendant Dr G's Urgent Care, LLC's Motion [ECF No. 4] is DENIED AS MOOT. The Court will enter a deadline for response(s) to the Complaint based upon Plaintiff's filings informing the Court of the status of service of process. DONE AND ORDERED this 20th day of May, 2024. Signed by Judge Melissa Damian on 5/20/2024. (pg00) |
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Friday, May 17, 2024 | ||
4 | 4
![]() Unopposed MOTION for Extension of Time to File Response/Reply/Answer Plaintiff's Complaint by DR. G's URGENT CARE LLC, Mylissa Graber. Attorney Jesse Ian Unruh added to party DR. G's URGENT CARE LLC(pty:dft), Attorney Jesse Ian Unruh added to party Mylissa Graber(pty:dft). (Unruh, Jesse) |
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Thursday, March 21, 2024 | ||
3 | 3
![]() Summons Issued as to DR. G's URGENT CARE LLC, Mylissa Graber. (cds) |
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Wednesday, March 20, 2024 | ||
2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Thu 03/21 9:11 AM
Clerks Notice of Judge Assignment to Judge Melissa Damian. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (cds) |
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1 | 1
![]() COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17384569, filed by Rachel Panosian, Tamara Chin, Leonardo Laina, Susan Dash, Juan Bedoya, Nathalie Vachon, Shalan Blair, Steffi Fiallos, Roslyn Achmad.(Militzok, Brian) |
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