BRITO v. ELLIGO HEALTH RESEARCH INC. et al
| Florida Southern District Court | |
| Judge: | K Michael Moore |
| Referred: | Marty Fulgueira Elfenbein |
| Case #: | 1:24-cv-21287 |
| Nature of Suit | 445 Civil Rights - Amer w/Disabilities-Employment |
| Cause | 28:1331 Fed. Question: Employment Discrimination |
| Case Filed: | Apr 05, 2024 |
| Re-opened: | Dec 18, 2024 |
| Terminated: | Feb 27, 2025 |
| Last checked: Saturday Oct 05, 2024 9:39 AM EDT |
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Defendant
Elligo Health Research Inc.
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Represented By
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Mediator
Suhaill Machado Morales
SMM Law P.A. 5803 NW 151 Street Suite 205
Miami Lakes, FL 33014 |
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Mediator
Marlene Quintana
Gray Robinson 333 S.E. 2nd Avenue Suite 3200
Miami, FL 33131 |
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Plaintiff
Keity Brito
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Insperity PEO Services L.P.
Terminated: 06/17/2024
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Represented By
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| Docket last updated: 05/08/2025 11:59 PM EDT |
| Monday, March 31, 2025 | ||
| 47 | 47
order
Order Dismissing/Closing Case or Party
Mon 03/31 12:05 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties Stipulation of Dismissal with Prejudice.46 . Accordingly, UPON CONSIDERATION of the Stipulation46 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITH PREJUDICE. The Clerk of Court is instructed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 3/31/2025. (dp01) |
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| Friday, March 28, 2025 | ||
| 46 | 46
misc
Stipulation of Dismissal - aty
Fri 03/28 4:29 PM
STIPULATION of Dismissal by Elligo Health Research Inc.(Pidermann, Stephanie) |
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Att: 1
Text of Proposed Order
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| Thursday, February 27, 2025 | ||
| 45 | 45
order
Order Dismissing/Closing Case or Party
Thu 02/27 9:58 AM
PAPERLESS NOTICE OF COURT PRACTICE. THIS CAUSE came before the Court upon Plaintiff's Notice of Settlement.44 . Therein, Plaintiff states that a settlement has been reached. See id. The Parties are hereby directed to file a stipulation of dismissal of all claims signed by all parties pursuant to Rule 41(a) of the Federal Rules of Civil Procedure within thirty (30) days from the date of this Notice. If such papers are not filed within the time specified, this matter will be dismissed, and the Court will be divested of jurisdiction to enforce the settlement agreement. The Clerk of Court is INSTRUCTED to ADMINISTRATIVELY CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 2/27/2025. (dp01) |
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| Wednesday, February 26, 2025 | ||
| 44 | 44
notice
Notice of Settlement - aty
Wed 02/26 4:24 PM
NOTICE of Settlement by Keity Brito (Adan, Elvis) |
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| Thursday, February 06, 2025 | ||
| 43 | 43
adr
Notice of Mediator Selection and/or Hearing
Thu 02/06 3:25 PM
NOTICE of Mediator Selection. Selected/Added Marlene Quintana as Mediator. (Pidermann, Stephanie) |
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| Wednesday, January 22, 2025 | ||
| 42 | 42
order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Deadlines/Hearings
Wed 01/22 2:52 PM
ORDER Setting Discovery Status Conference. (Joint Discovery Status Report due by 2/28/2025., Final Status Conference Re: Discovery Matters set for 3/7/2025 10:00 AM via Zoom before Magistrate Judge Marty Fulgueira Elfenbein.) Signed by Magistrate Judge Marty Fulgueira Elfenbein on 1/22/2025. See attached document for full details. (ls) |
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| 41 | 41
order
Order Referring Case to Mediation
Wed 01/22 12:12 PM
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning August 11, 2025, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party with full authority to enter in a full and complete compromise and settlement is mandatory. If any party is not an individual (e.g., a corporation), a representative of that party with full authority to enter in a full and complete compromise and settlement is mandatory. The mediation shall take place in person absent good cause shown by the parties. No party shall be excused from attendance without express authorization from the Court. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore on 1/22/2025. (dp01) |
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| 40 | 40
order
Scheduling Order
Wed 01/22 12:11 PM
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two-week trial period of July 29, 2025, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on August 7, 2025, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for August 11, 2025, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. The Parties are hereby notified that this Court requires strict compliance with Local Rule 56.1 regarding the filing of any motion for summary judgment and corresponding statements of material facts. For evidence not previously filed on the docket, and to the extent practicable, evidentiary support for a Party's statement of material facts shall be filed as separate exhibits within the Court's electronic case filing system; the first citation to any evidence in support of a motion for summary judgment or statement of material facts shall provide the docket entry for that evidence using the form "ECF No." In all circumstances, citations to any composite exhibit shall provide both the page number assigned by the Court's electronic case filing system (i.e., the page number of the PDF) and the page number of the document. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY" BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Judge K. Michael Moore on 1/22/2025. (dp01) |
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utility
~Util - Set/Reset Hearings
Wed 01/22 12:32 PM
Set Hearings Calendar Call set for 8/7/2025 02:00 PM in Miami Division before Judge K. Michael Moore. Final Pretrial Conference set for 8/11/2025 11:00 AM in Miami Division before Judge K. Michael Moore. Jury Trial set for 7/29/2025 09:00 AM in Miami Division before Judge K. Michael Moore. (ls)(per DE #40) |
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| Wednesday, January 15, 2025 | ||
| 39 | 39
misc
Scheduling Report - Rule 26(f)/16.1
Wed 01/15 4:37 PM
SCHEDULING REPORT - Rule 16.1 by Keity Brito(Adan, Elvis) |
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Att: 1
Exhibit EXHIBIT A
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| Thursday, December 19, 2024 | ||
| 38 | 38
order
Order on Motion to Reopen Case
Thu 12/19 10:29 AM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Unopposed Motion to Reopen Case and Lift Stay.37 . Therein, Plaintiff states that Defendant Elligo Health Research, in violation of the Parties' Arbitration Agreement, refused to "pay for the arbitration costs as stated in the arbitration agreement." Id. at 2. This Court previously granted Defendant Elligo Health Research's Motion to Stay Judicial Proceedings Pending Arbitration. See (ECF No. 36). Moreover, Plaintiff argues lifting the stay appropriate because Defendant now claims they are "not a party to the [Arbitration] agreement." (ECF No. 37 at 3). UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion37 is GRANTED. The Clerk of Court is INSTRUCTED to REOPEN this case. It is FURTHER ORDERED that the Parties shall file an updated Joint Scheduling Report on or before January 15, 2025. Signed by Judge K. Michael Moore on 12/19/2024. (dp01) |
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| Monday, December 16, 2024 | ||
| 37 | 37
motion
Reopen Case
Mon 12/16 4:40 PM
Unopposed MOTION to Reopen Case and Lift Stay by Keity Brito.(Adan, Elvis) |
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Att: 1
Exhibit A
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| Tuesday, July 23, 2024 | ||
| 36 | 36
7
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Tue 07/23 1:44 PM
ORDER granting in part22 Motion to Dismiss. Pursuant to 9 U.S.C. § 3, this Action is hereby STAYED until arbitration has been conducted in accordance with the terms of the Arbitration Agreement. The Clerk of Court is instructed to ADMINISTRATIVELY CLOSE THE CASE until the time when the stay is lifted. Signed by Judge K. Michael Moore on 7/23/2024. See attached document for full details. (sdu) |
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utility
Case Stayed ~Util - Terminate Civil Case
Wed 07/24 8:04 AM
Case Stayed, Civil Case Terminated. Closing Case. (ls)(per DE #36) |
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| Friday, July 12, 2024 | ||
| 35 | 35
order
Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion to Compel Order on Motion to Stay
Fri 07/12 2:26 PM
PAPERLESS ORDER denying as moot14 Defendant Insperity PEO Services L.P.'s Motion to Dismiss for Failure to State a Claim, per ECF No. 25 terminating Defendant. Signed by Judge K. Michael Moore on 7/12/2024. (sdu) |
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| Wednesday, July 10, 2024 | ||
| 34 | 34
notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Wed 07/10 3:23 PM
Clerk's Notice to Filer re32 Notice of Striking. 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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| 33 | 33
adr
Notice of Mediator Selection and/or Hearing
Wed 07/10 2:59 PM
Second NOTICE of Mediator Selection. Selected/Added Keity Brito, Marlene Quintana as Mediator. (Adan, Elvis) |
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| 32 | 32
notice
Notice of Striking
Wed 07/10 2:55 PM
NOTICE of Striking31 First NOTICE of Mediator Selection. by Keity Brito (Adan, Elvis) Modified to add document link on 7/10/2024 (ls) |
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| Monday, July 08, 2024 | ||
| 31 | 31
adr
Notice of Mediator Selection and/or Hearing
Mon 07/08 3:13 PM
First NOTICE of Mediator Selection. Selected/Added Keity Brito, Suhaill Machado Morales as Mediator. (Adan, Elvis) |
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| Friday, June 28, 2024 | ||
| 30 | 30
order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Deadlines/Hearings
Fri 06/28 12:35 PM
ORDER Setting Discovery Status Conference. (Joint Discovery Status Report due by 10/23/2024., Final Status Conference Re: Discovery Matters set for 10/30/2024 11:30 AM via Zoom before Magistrate Judge Marty Fulgueira Elfenbein.) Signed by Magistrate Judge Marty Fulgueira Elfenbein on 6/28/2024. See attached document for full details. (ls) |
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| 29 | 29
order
Order Referring Case to Mediation
Fri 06/28 10:12 AM
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning March 24, 2025, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party with full authority to enter in a full and complete compromise and settlement is mandatory. If any party is not an individual (e.g., a corporation), a representative of that party with full authority to enter in a full and complete compromise and settlement is mandatory. The mediation shall take place in person absent good cause shown by the parties. No party shall be excused from attendance without express authorization from the Court. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore on 6/28/2024. (sdu) |
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| 28 | 28
order
Scheduling Order
Fri 06/28 10:10 AM
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two-week trial period of March 24, 2025, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on March 20, 2025, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for March 11, 2025, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. The Parties are hereby notified that this Court requires strict compliance with Local Rule 56.1 regarding the filing of any motion for summary judgment and corresponding statements of material facts. For evidence not previously filed on the docket, and to the extent practicable, evidentiary support for a Party's statement of material facts shall be filed as separate exhibits within the Court's electronic case filing system; the first citation to any evidence in support of a motion for summary judgment or statement of material facts shall provide the docket entry for that evidence using the form "ECF No." In all circumstances, citations to any composite exhibit shall provide both the page number assigned by the Court's electronic case filing system (i.e., the page number of the PDF) and the page number of the document. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY" BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Judge K. Michael Moore on 6/28/2024. (sdu) |
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| Thursday, June 27, 2024 | ||
| 27 | 27
misc
Scheduling Report - Rule 26(f)/16.1
Thu 06/27 1:02 PM
Joint SCHEDULING REPORT - Rule 16.1 by Elligo Health Research Inc. (Pidermann, Stephanie) |
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| Monday, June 24, 2024 | ||
| 26 | 26
respm
Response in Opposition to Motion
Mon 06/24 10:09 PM
RESPONSE in Opposition re22 Defendant's MOTION TO DISMISS12 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM or Stay Judicial Proceedings filed by Keity Brito. Replies due by 7/1/2024. (Adan, Elvis) |
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| Monday, June 17, 2024 | ||
| 25 | 25
order
Order Dismissing Party
Mon 06/17 4:30 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Insperity PEO Services L.P. Only.24 . UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITHOUT PREJUDICE as to Defendant Insperity PEO Services L.P. The Clerk of Court is INSTRUCTED to terminate this defendant from the case. Signed by Judge K. Michael Moore on 6/17/2024. (sdu) |
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| Friday, June 14, 2024 | ||
| 24 | 24
notice
Notice of Voluntary Dismissal - aty
Fri 06/14 3:44 PM
NOTICE of Voluntary Dismissal WITHOUT PREJUDICE AS TO INSPERITY PEO SERVICES L.P. ONLY by KEITY BRITO (Adan, Elvis) |
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| Wednesday, June 12, 2024 | ||
| 23 | 23
order
Order on Motion to Vacate
Wed 06/12 1:42 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Elligo Health Research Inc.'s Unopposed Motion to Vacate Clerk's Default.20 . On June 10, 2024, Plaintiff's counsel erroneously filed a Motion for Clerk's Entry of Default against Defendant based on an incorrect deadline, which was immediately granted by the Deputy Clerk. See (ECF Nos. 18, 19). Now, Defendant requests that the Court vacate the Clerk's Entry of Default against it.20 . Pursuant to Rule 55(c) of the Federal Rules of Civil Procedure, a court has discretion to set aside an entry of default for "good cause." See Fed. R. Civ. P. 55(c). "Good cause" is "a liberal [standard]--but not so elastic as to be devoid of substance." See Compania Interamericana Export-Import, S.A. v. Compania Dominicana de Aviacion, 88 F.3d 948, 951 (11th Cir. 1996) (citation omitted). In evaluating good cause, courts consider whether the default was culpable or willful, the speed with which the defaulting party sought to correct the entry of default, and whether setting aside the default will prejudice the adversary. See SEC v. Johnson, 436 F. App'x 939, 945 (11th Cir. 2011). Here, the Court finds good cause to vacate the entry of default. Accordingly, UPON CONSIDERATION of the Motion20 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion to Vacate Clerk's Default20 is GRANTED. The Clerk of Court is instructed to VACATE the Clerk's entry of default against Defendant Elligo Health Research Inc. Signed by Judge K. Michael Moore on 6/12/2024. (sdu) |
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| Monday, June 10, 2024 | ||
| 22 | 22
motion
Dismiss for Failure to State a Claim
Mon 06/10 10:04 PM
Defendant's MOTION TO DISMISS12 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM or Stay Judicial Proceedings by ELLIGO HEALTH RESEARCH INC.. Responses due by 6/24/2024. (Cabrera, Yina) |
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| 21 | 21
misc
Notice of Withdrawal of Motion
Mon 06/10 3:07 PM
NOTICE OF WITHDRAWAL OF MOTION by KEITY BRITO (Adan, Elvis) |
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| 20 | 20
motion
Vacate
Mon 06/10 12:55 PM
MOTION to Vacate19 Clerk's Entry/Non-Entry of Default by ELLIGO HEALTH RESEARCH INC.. Responses due by 6/24/2024. (Cabrera, Yina) |
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| 19 | 19
order
Clerk's Entry/Non-Entry of Default - FORM
Mon 06/10 11:42 AM
Clerk's Entry of Default as to ELLIGO HEALTH RESEARCH INC. - Motions Terminated:18 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 6/10/2024. (cds) |
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| 18 | 18
motion
Clerk's Entry of Default
Mon 06/10 11:35 AM
MOTION for Clerk's Entry of Default as to ELLIGO HEALTH RESEARCH INC. by KEITY BRITO. (Adan, Elvis) |
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| 17 | 17
service
Summons (Affidavit) Returned Executed
Mon 06/10 11:33 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by KEITY BRITO. ELLIGO HEALTH RESEARCH INC. served on 4/22/2024, response/answer due 6/3/2024. (Adan, Elvis) |
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| 16 | 16
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Mon 06/10 11:13 AM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Extension of Time to Respond to the Amended Complaint.15 . On the day its response to the Amended Complaint is due, Defendant Elligo Health Research Inc. requests an unspecified amount of additional time to respond to the Amended Complaint. Id. at 1-2. Defendant explains that Co-Defendant Insperity PEO Services L.P. filed a pending Motion to Dismiss and/or Compel Arbitration, which could potentially resolve the entire case. Id. at 1. The Court emphasized in its Pretrial Order that the Parties shall seek extensions of time in a timely fashion. See ECF No. 4 . "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion15 is DENIED. Signed by Judge K. Michael Moore on 6/10/2024. (sdu) |
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| Friday, June 07, 2024 | ||
| 15 | 15
motion
Extension of Time to File Response/Reply/Answer
Fri 06/07 11:43 AM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to12 Amended Complaint/Amended Notice of Removal,14 Defendant's MOTION TO DISMISS12 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Based on Arbitration Agreement MOTION to Compel Arbitration MOTION to Stay Case Pending Arbitration by ELLIGO HEALTH RESEARCH INC.. (Cabrera, Yina) |
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| Monday, June 03, 2024 | ||
| 14 | 14
motion
Dismiss for Failure to State a Claim Dismiss/Lack of Jurisdiction Compel Stay
Mon 06/03 7:32 PM
Defendant's MOTION TO DISMISS12 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM ( Responses due by 6/17/2024.), MOTION to Dismiss for Lack of Jurisdiction Based on Arbitration Agreement ( Responses due by 6/17/2024.), MOTION to Compel Arbitration ( Responses due by 6/17/2024.), MOTION to Stay Case Pending Arbitration by INSPERITY PEO SERVICES L.P..(Poursine, Lisa) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B,
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Att: 3
Exhibit Exhibit C,
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Att: 4
Exhibit Exhibit D,
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Att: 5
Text of Proposed Order Proposed Order
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| Tuesday, May 28, 2024 | ||
| 13 | 13
order
Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Compel Order on Motion to Stay
Tue 05/28 10:41 AM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's filing of the First Amended Complaint.12 . The amended complaint moots Defendant's Motion to Dismiss.7 . Accordingly, UPON CONSIDERATION of the First Amended Complaint12 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Defendant's Motion to Dismiss7 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 5/28/2024. (sdu) |
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| Friday, May 24, 2024 | ||
| 12 | 12
cmp
Amended Complaint/Amended Notice of Removal
Fri 05/24 5:15 PM
First AMENDED COMPLAINT against All Defendants, filed by KEITY BRITO.(Adan, Elvis) |
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| Tuesday, May 14, 2024 | ||
| 11 | 11
order
Order on Motion for Extension of Time
Tue 05/14 10:03 AM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Elligo Health Research Inc.'s Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint.10 . Therein, Defendant Elligo Health Research requests a one-month extension of time to file a response because Defendant's counsel was recently retained and needs additional time to investigate the allegations. See generally id. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion10 is GRANTED IN PART. Defendant Elligo Health Research shall file a response to the Complaint on or before June 3, 2024. Signed by Judge K. Michael Moore on 5/14/2024. (sdu) |
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utility
~Util - Set/Reset Response/Answer Due Deadline
Tue 05/14 4:04 PM
Reset Answer Due Deadline: ELLIGO HEALTH RESEARCH INC. answer due 6/3/2024. Per d.e. 11 Order. (mee) |
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| Monday, May 13, 2024 | ||
| 10 | 10
notice
Notice of Attorney Appearance
Mon 05/13 5:47 PM
NOTICE of Attorney Appearance by Yina Cabrera on behalf of ELLIGO HEALTH RESEARCH INC.. Attorney Yina Cabrera added to party ELLIGO HEALTH RESEARCH INC.(pty:dft). (Cabrera, Yina) |
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| 9 | 9
motion
Extension of Time
Mon 05/13 5:05 PM
Unopposed MOTION for Extension of Time Extension of Time to Respond to Plaintiff's Complaint re1 Complaint by ELLIGO HEALTH RESEARCH INC.. Responses due by 5/28/2024. (Pidermann, Stephanie) |
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| 8 | 8
notice
Notice of Attorney Appearance
Mon 05/13 5:03 PM
NOTICE of Attorney Appearance by Stephanie Pidermann on behalf of ELLIGO HEALTH RESEARCH INC.. Attorney Stephanie Pidermann added to party ELLIGO HEALTH RESEARCH INC.(pty:dft). (Pidermann, Stephanie) |
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| Friday, May 10, 2024 | ||
| 7 | 7
motion
Dismiss/Lack of Jurisdiction Dismiss for Failure to State a Claim Compel Stay
Fri 05/10 8:18 PM
Defendant's MOTION to Dismiss for Lack of Jurisdiction1 Complaint ( Responses due by 5/24/2024.), Defendant's MOTION TO DISMISS1 Complaint FOR FAILURE TO STATE A CLAIM ( Responses due by 5/24/2024.), Defendant's MOTION to Compel Arbitration , Defendant's MOTION to Stay re1 Complaint ( Responses due by 5/24/2024.) by INSPERITY PEO SERVICES L.P.. Attorney Lisa McKellar Poursine added to party INSPERITY PEO SERVICES L.P.(pty:dft).(Poursine, Lisa) |
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Att: 1
Exhibit Exhibits A to D,
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Att: 2
Text of Proposed Order Proposed Order
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| Tuesday, April 09, 2024 | ||
| 6 | 6
order
- Order (PAPERLESS or pdf attached)
Tue 04/09 2:55 PM
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/9/2024. See attached document for full details. (mee) |
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| 5 | 5
order
Order Referring Case to Magistrate Judge
Tue 04/09 9:18 AM
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 4/9/2024. (sdu) |
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| 4 | 4
order
Pretrial Order
Tue 04/09 9:16 AM
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. 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 action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 4/9/2024. (sdu) |
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| Monday, April 08, 2024 | ||
| 3 | 3
service
Summons Issued
Mon 04/08 8:48 AM
Summons Issued as to ELLIGO HEALTH RESEARCH INC., and INSPERITY PEO SERVICES L.P. (wce) |
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| Friday, April 05, 2024 | ||
| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Mon 04/08 8:45 AM
Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein 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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| 1 | 1
cmp
Complaint
Fri 04/05 5:08 PM
COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17427404, filed by KEITY BRITO.(Adan, Elvis) |
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Att: 1
Summon(s) 1,
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Att: 2
Summon(s) 2,
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Att: 3
Civil Cover Sheet
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