Iriarte v. Sherwood Food Distributors, LLC.
| Florida Southern District Court | |
| Judge: | K Michael Moore |
| Referred: | Marty Fulgueira Elfenbein |
| Case #: | 1:24-cv-21988 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:0201 Fair Labor Standards Act |
| Case Filed: | May 23, 2024 |
| Re-opened: | Oct 02, 2024 |
| Terminated: | Apr 09, 2025 |
| Last checked: Tuesday Nov 19, 2024 3:29 AM EST |
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Defendant
Sherwood Food Distributors, LLC.
a Michigan Limited Liability Company C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD
Plantation, FL 33324 |
Represented By
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Mediator
Marlene Quintana
Gray Robinson 333 S.E. 2ND AVENUE Suite 3200 MIAMI
MIAMI, FL 33131 |
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Plaintiff
Ana Iriarte
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Represented By
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| Docket last updated: 6 hours ago |
| Thursday, April 24, 2025 | ||
| 32 | 32
order
Status Report Order
Thu 04/24 3:28 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Updated Status Report.31 . On April 7, 2025, the Parties informed the Court that they had "agree[d] on a settlement amount and terms" but "have been unable to file a Notice of Settlement" because Defendant, who is "ceasing its operations," needs approval from its creditors before making any payments, and Defendant "has, to date, been unable to obtain" approval.27 at 1-2. In response, the Court ordered the Parties to provide an updated status report on or before April 23, 2025, and stayed the case pending the Parties' updated status report. (ECF No. 28). Now before the Court is the Parties' Joint Updated Status Report which requests that "the Court continue to stay this matter to allow Defendant to resolve outstanding representation issues and for the Parties to determine how to proceed."31 at 1. Additionally, the Parties state that they "will submit a further Joint Status Report within thirty (30) days or as otherwise directed by the Court." Id. Accordingly, UPON CONSIDERATION of the Parties' Joint Updated Status Report, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Parties provide the Court an updated status report on or before May 23, 2025. Pending the Parties' updated status report, this Action continues to be STAYED. Signed by Judge K. Michael Moore on 4/24/2025. (cr00) |
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| Wednesday, April 23, 2025 | ||
| 31 | 31
misc
Status Report
Wed 04/23 5:38 PM
STATUS REPORT by Sherwood Food Distributors, LLC. (Leon, Jose) |
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| Monday, April 21, 2025 | ||
| 30 | 30
order
Order on Motion to Withdraw as Attorney
Mon 04/21 3:55 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Jose I. Leon, Esq.'s Unopposed Motion to Withdraw as Counsel for Defendant.29 . Therein, Jose I. Leon, Esq. and the law firm of Gordon Rees Scully Mansukhani, LLP request to withdraw as counsel of record for Defendant Sherwood Food Distributors, LLC because Defendant is "ceasing its operations" and "has been unable to pay" its attorneys. Id. at 1. It is within a district court's discretion to permit or deny a motion to withdraw as counsel. See Patnaude v. Sears Pest Control, Inc., No. 08-61980 CIV, 2009 WL 10667065, at *2 (S.D. Fla. May 13, 2009); Reagan v. TitleMax of Ala., Inc., No. 5:09-cv-91/RS-MD, 2010 WL 11530503, at *1 (N.D. Fla. Apr. 15, 2010) (citing Baker v. Coto, 154 F. App'x 854, 858 (11th Cir. 2005)). Moreover, under federal law, a corporation cannot appear in federal court pro se and must be represented by counsel. See Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 201-02 (1993) ("It has been the law for the better part of two centuries... that a corporation may appear in the federal courts only through licensed counsel."); Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385-86 (11th Cir. 1985) ("The rule is well established that a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel.") (citations omitted). Here, if Movants were to withdraw from representing Defendant Sherwood Food Distributors, LLC in the above-captioned case, it would leave that LLC without counsel. The Court cannot allow Movants to withdraw as counsel until such time as suitable replacement counsel is found. Movants are officers of the Court and are this Court's means of communication with Defendant. Accordingly, 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 Motion to Withdraw29 is DENIED WITHOUT PREJUDICE. Movants may refile their request to withdraw after Defendant Sherwood Food Distributors, LLC has retained new counsel. Signed by Judge K. Michael Moore on 4/21/2025. (cr00) |
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| Thursday, April 17, 2025 | ||
| 29 | 29
motion
Withdraw as Attorney
Thu 04/17 2:07 PM
Unopposed MOTION to Withdraw as Attorney by Jose I. Leon, Esq. for / by Sherwood Food Distributors, LLC.. Responses due by 5/1/2025. (Leon, Jose) |
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| Wednesday, April 09, 2025 | ||
| 28 | 28
order
Order Staying Case
Wed 04/09 3:32 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Response to Court Order to Show Cause.27 . On March 31, 2025, the Court entered a Paperless Order to Show Cause ordering the Parties to show cause as to why no Mediation Report was filed and to provide the Court with a status report. (ECF No. 26). Now before the Court is the Parties' Response stating that the Parties have "agree[d] on a settlement amount and terms" but "have been unable to file a Notice of Settlement" because Defendant, who is "ceasing its operations," needs approval from its creditors before making any payments, and Defendant "has, to date, been unable to obtain" approval.27 at 1-2. As such, the Parties request "two weeks[] to finalize their attempts to resolve this matter, as efficiently as possible, in light of the Defendant's creditors failure to approve payment to date and the Defendant's inability to guarantee payment, in good faith, without that approval." Id. at 2. Accordingly, UPON CONSIDERATION of the Response, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Parties provide the Court an updated status report on or before April 23, 2025. Pending the Parties' updated status report, this Action is hereby STAYED. The Clerk of Court is INSTRUCTED to ADMINISTRATIVELY CLOSE this case. Signed by Judge K. Michael Moore on 4/9/2025. (cr00) |
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| Monday, April 07, 2025 | ||
| 27 | 27
misc
Response to Order to Show Cause
Mon 04/07 1:05 PM
RESPONSE TO ORDER TO SHOW CAUSE re 26 Order to Show Cause,,, by Sherwood Food Distributors, LLC.. (Leon, Jose) |
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| Monday, March 31, 2025 | ||
| 26 | 26
order
Order to Show Cause
Mon 03/31 12:03 PM
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon a sua sponte review of the record. On October 2, 2024, the Court entered a Paperless Order of Referral to Mediation 20 , wherein the Court ordered the Parties to participate in mediation. The Order stated that "[w]ithin 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." The Parties informed the Court that mediation was scheduled for March 4, 2025.25 . The Parties are hereby ORDERED to show cause on or before April 7, 2025, why no Mediation Report has been filed and also to provide a status report to the Court. Failure to do so may result in the imposition of sanctions. Signed by Judge K. Michael Moore on 3/31/2025. (cr00) |
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| Tuesday, January 21, 2025 | ||
| 25 | 25
adr
Notice of Mediator Selection and/or Hearing
Tue 01/21 2:06 PM
First NOTICE of Mediation Hearing. Mediation Hearing set for 3/4/2025 at 10:00 a.m.. (Eiss, Charles) |
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| Wednesday, January 08, 2025 | ||
| 24 | 24
order
Order Setting/Resetting/Cancelling Hearing
Wed 01/08 7:05 PM
PAPERLESS ORDER CANCELLING DISCOVERY STATUS CONFERENCE. THIS CAUSE is before the Court on the Parties' Joint Discovery Status Report, ECF No.23 . Upon review of the Parties' Joint Discovery Status Report, ECF No.23 , the Discovery Status Conference currently scheduled for January 10, 2025, at 11:00 a.m. is CANCELLED . Signed by Magistrate Judge Marty Fulgueira Elfenbein on 1/8/2025. (MFE) |
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| 23 | 23
misc
Status Report
Wed 01/08 10:19 AM
STATUS REPORT - Joint Discovery Status Report by Ana Iriarte (Eiss, Charles) |
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| Friday, October 11, 2024 | ||
| 22 | 22
adr
Notice of Mediator Selection and/or Hearing
Fri 10/11 10:59 AM
NOTICE of Mediator Selection. Selected/Added Marlene Quintana as Mediator. (Eiss, Charles) |
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| Friday, October 04, 2024 | ||
| 21 | 21
order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Deadlines/Hearings
Fri 10/04 7:45 AM
ORDER SETTING DISCOVERY STATUS CONFERENCE, ( Status Report due by 1/3/2025., Status Conference Re: Discovery Matters set for 1/10/2025 11:00 AM via Zoom before Magistrate Judge Marty Fulgueira Elfenbein.) Signed by Magistrate Judge Marty Fulgueira Elfenbein on 10/3/2024. See attached document for full details. (cds) |
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| Wednesday, October 02, 2024 | ||
| 20 | 20
order
Order Referring Case to Mediation
Wed 10/02 7:16 PM
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning June 2, 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 10/2/2024. (gbn) |
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| 19 | 19
order
Scheduling Order
Wed 10/02 7:15 PM
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two-week trial period of June 2, 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 May 29, 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 May 20, 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 10/2/2024. (gbn) |
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| 18 | 18
order
Order on Motion to Reopen Case
Wed 10/02 7:00 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Unopposed Motion to Reopen.17 . On September 30, 2024, this Court entered an Order dismissing the instant matter because the Parties failed to file a joint scheduling report. 15 . The Parties have now complied with this Court's Order by filing the Joint Scheduling Report.16 . 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 Motion17 is GRANTED. The Clerk of Court is INSTRUCTED to REOPEN this case. All previously issued orders in this action remain in effect except those inconsistent with this Order. It is further ORDERED that this Court's Paperless Order dismissing this action without prejudice is hereby VACATED. Signed by Judge K. Michael Moore on 10/2/2024. (gbn) |
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| Tuesday, October 01, 2024 | ||
| 17 | 17
motion
Reopen Case
Tue 10/01 2:32 PM
Unopposed MOTION to Reopen Case by Ana Iriarte. (Eiss, Charles) |
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| 16 | 16
misc
Scheduling Report - Rule 26(f)/16.1
Tue 10/01 2:28 PM
Joint SCHEDULING REPORT - Rule 26(f) by Ana Iriarte(Eiss, Charles) |
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Att: 1
Text of Proposed Order
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| Monday, September 30, 2024 | ||
| 15 | 15
order
Order Dismissing/Closing Case or Party
Mon 09/30 4:45 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On May 24, 2024, the Court entered a Pretrial Notice of Court Practice in Fair Labor Standards Act Cases requiring that "the Parties shall file a Joint Scheduling Report within fourteen (14) days after the Settlement Conference." 4 . The Order cautioned, "[f]ailure of counsel to file a joint scheduling report may result in remand or dismissal, default and the imposition of other sanctions including attorney's fees and costs." Id. Here, the deadline for submitting a joint scheduling report has passed and no extension of time has been requested. Accordingly, based on the foregoing, it is ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT PREJUDICE. The Clerk of the Court is instructed to CLOSE this case. All pending motions are DENIED AS MOOT. The Parties may move to reopen this matter upon filing a joint scheduling report. Signed by Judge K. Michael Moore on 9/30/2024. (gbn) |
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| Friday, July 12, 2024 | ||
| 14 | 14
minutes
Settlement Conference
Fri 07/12 2:04 PM
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Marty Fulgueira Elfenbein: Settlement Conference held on 7/12/2024. Impasse reached Total time in court: 2 hour(s) : 45 minutes. Attorney Appearance(s): Charles Merrill Eiss and Nhu Quynh Cao, Counsel for the Plaintiff appearing in person with their client Ana Iriarte; Jose Ignacio Leon, appearing in person along with representative Crystal Vigay,(on behalf of Sherwood Food Distributors, LLC). (ogn1) |
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| Wednesday, July 03, 2024 | ||
| 13 | 13
respm
Response/Reply (Other)
Wed 07/03 11:27 AM
Defendant's RESPONSE to9 Statement by Sherwood Food Distributors, LLC.. (Leon, Jose) |
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| Tuesday, July 02, 2024 | ||
| 12 | 12
3
pgs
order
Order Setting/Resetting/Cancelling Hearing
Tue 07/02 4:13 PM
ORDER SCHEDULING SETTLEMENT CONFERENCE. Settlement Conference set for 7/12/2024 10:00 AM in Miami Division before Magistrate Judge Marty Fulgueira Elfenbein. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/2/2024. See attached document for full details. (nwn) |
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| 11 | 11
notice
Notice (Other)
Tue 07/02 10:36 AM
NOTICE of Proposed Dates for Settlement Conference by Ana Iriarte re 6 Order,,,, 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,,,,,,,, (Eiss, Charles) |
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| Tuesday, June 18, 2024 | ||
| 10 | 10
answer
Answer to Complaint
Tue 06/18 1:05 PM
Defendant's ANSWER and Affirmative Defenses to Complaint by Sherwood Food Distributors, LLC.. Attorney Jose Ignacio Leon added to party Sherwood Food Distributors, LLC.(pty:dft). (Leon, Jose) |
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| Thursday, June 13, 2024 | ||
| 9 | 9
misc
Statement
Thu 06/13 3:19 PM
Statement of: Claim by Ana Iriarte re 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,,,,,,,, (Eiss, Charles) |
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| Friday, May 31, 2024 | ||
| 8 | 8
service
Summons (Affidavit) Returned Executed
Fri 05/31 10:43 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ana Iriarte. Sherwood Food Distributors, LLC. served on 5/28/2024, response/answer due 6/18/2024. (Eiss, Charles) |
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| Tuesday, May 28, 2024 | ||
| 7 | 7
order
- Order (PAPERLESS or pdf attached)
Wed 05/29 9:13 AM
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 5/28/2024. See attached document for full details. (nwn) |
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| 6 | 6
order
- Order (PAPERLESS or pdf attached)
Tue 05/28 10:09 AM
PAPERLESS ORDER upon referral for Settlement Conference. This case has been referred to me for a settlement conference. Counsel for the Parties are hereby ORDERED to meet and confer to determine possible dates on which to conduct the settlement conference in accordance with the District Court's Paperless Notice of Court Practice in Fair Labor Standards Act Cases and Referral to Magistrate Judge for Settlement Conference ("Notice of Court Practice"). Within fifteen (15) days of the appearance of Defendant, Plaintiff's counsel shall file a Notice identifying three (3) mutually agreed-upon dates for a settlement conference in accordance with the District Court's Notice of Court Practice, ECF No. 4 . Following the submission of proposed dates, I will enter an order setting the settlement conference. It is incumbent upon Plaintiff to timely seek any extension of time to conduct a settlement conference, in the event Defendant has not entered an appearance prior to the deadline to conduct a settlement conference. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 5/28/2024. (MFE) |
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| Friday, May 24, 2024 | ||
| 5 | 5
order
Order Referring Case to Magistrate Judge
Fri 05/24 5:05 PM
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 5/24/2024. (gbn) |
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| 4 | 4
order
Pretrial Order
Fri 05/24 5:03 PM
PAPERLESS NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. This is a Fair Labor Standards Act case in which Plaintiff seeks unpaid wages. In order to assist the Court in the management of the case, and in an effort to foster its early and cost effective resolution, the Parties are hereby ordered that: 1. Plaintiff shall file a Statement of Claim (the Statement) setting forth the amount of alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g., overtime or regular) within twenty (20) days from the date of this Notice. Plaintiff shall promptly serve a copy of this Notice, the Statement, and copies of all documents supporting Plaintiff's claims (e.g., time sheets, pay stubs, etc.), on Defendant's counsel when counsel for Defendant first appears in the case or at the time of filing if Defendant's counsel has already appeared. The Statement shall include all attorney's fees and costs incurred to date. With respect to attorney's fees, provide the hourly rate sought and the number of hours expended by each person billing time. 2. Defendant shall file a Response within fifteen (15) days of receiving service of Plaintiff's statement. This Response shall set forth in detail Defendant's defenses to Plaintiff's claims. Defendant shall serve copies of all documents in support thereof on Plaintiff. 3. Referral to Magistrate for Settlement Conference. Pursuant to Rule 1 of the Magistrate Judge Rules of the Southern District of Florida, the Parties shall conduct a Settlement Conference before Magistrate Judge Marty Fulgueira Elfenbein within twenty (20) days after the date that Defendant's Response is due. Plaintiff's counsel must confer with defense counsel and contact the Chambers of Magistrate Judge Marty Fulgueira Elfenbein on, or before, the date that Defendant's Response is due to schedule a date for the Settlement Conference. The Settlement Conference date may not be extended without prior approval from Magistrate Judge Elfenbein. Absent an extension from Magistrate Judge Elfenbein, the Parties shall complete their Settlement Conference within fifty-five (55) days of this Notice. If the Parties reach an agreement during the Settlement Conference the Parties shall file the agreement with the undersigned within five (5) days of the Settlement Conference. If the Parties wish to file the settlement agreement as a sealed document, they must file a Motion to Seal that provides compelling reasons for the Court to allow them to do so. See Brown v. Advantage Eng'g, Inc., 960 F.2d 1013, 1016 (11th Cir. 1992) ("If a settlement agreement is filed with the court for approval or interpretation, then the parties must demonstrate extraordinary circumstances in order to deny the public access to the agreement."); see also Hanson v. Wells Fargo Bank, N.A., No. 08-80182 CIV, 2009 WL 1490582, at *1 (S.D. Fla. May 26, 2009) ("'[A] business's general interest in keeping its legal proceedings private does not overcome the presumption of openness' in FLSA cases.") (citing Stalnaker v. Novar Corp., 293 F. Supp. 2d 1260, 1264 (M.D. Ala. 2003)). The undersigned will review the agreement and determine whether it is a fair and reasonable resolution of a bona fide dispute over FLSA issues. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982). If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. If no settlement is reached, the Parties shall file a Joint Scheduling Report within fourteen (14) days after the Settlement Conference. 4. Except as provided under Local Rule 16.2.E for public-sector entities, the appearance of counsel and each party, or representatives of each party with full authority to enter into a full and complete compromise and settlement, is mandatory. Appearance shall be in person; telephonic appearance is prohibited. 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 settlement conference shall be confidential and privileged. Nothing disclosed in the settlement conference can be used for any purpose except settlement. 6. Settlement. If this case is settled, counsel must inform the Court within three (3) days by calling Chambers. 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. Non-compliance with any provision of this Order, the Federal Rules of Civil Procedure, and/or the Local Rules of Court, may subject the offending party to sanctions or dismissal. It is the duty of all counsel to take all actions necessary to comply with this Order to ensure an expeditious resolution of this matter. Signed by Judge K. Michael Moore on 5/24/2024. (gbn) |
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| Thursday, May 23, 2024 | ||
| 3 | 3
service
Summons Issued
Thu 05/23 3:19 PM
Summons Issued as to Sherwood Food Distributors, LLC.. (cds) |
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order
Clerk's Notice of Judge Assignment and Optional Consent
Thu 05/23 3:17 PM
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. 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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6
pgs
cmp
Complaint
Thu 05/23 3:05 PM
COMPLAINT against Sherwood Food Distributors, LLC.. Filing fees $ 405.00 receipt number AFLSDC-17553877, filed by Ana Iriarte.(Eiss, Charles) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summon(s)
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