Betancur v. Carpet Care USA LLC et al
| Florida Southern District Court | |
| Judge: | Alicia O Valle |
| Referred: | Alicia O Valle |
| Case #: | 0:24-cv-61643 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:0201 Fair Labor Standards Act |
| Case Filed: | Sep 05, 2024 |
| Terminated: | Jan 13, 2025 |
| Last checked: Tuesday Mar 04, 2025 3:24 AM EST |
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Counter Claimant
Carpet Care USA LLC
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Represented By
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Counter Claimant
Sebastien Malfanti
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Represented By
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Counter Claimant
Patrick Ubeda
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Represented By
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Counter Defendant
Brian Montoya Betancur
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Represented By
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Defendant
Carpet Care USA LLC
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Represented By
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Defendant
Sebastien Malfanti
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Represented By
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Defendant
Patrick Ubeda
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Represented By
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Mediator
Daniel T. Feld
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Plaintiff
Brian Montoya Betancur
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Represented By
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| Docket last updated: 8 hours ago |
| Wednesday, January 22, 2025 | ||
| 49 | 49
3
pgs
order
Order on Motion for Settlement Order on Motion to Dismiss
Wed 01/22 11:44 AM
ORDER APPROVING SETTLEMENT AGREEMENT AND DISMISSING CASE WITH PREJUDICE. Signed by Magistrate Judge Alicia O. Valle on 1/22/2025. See attached document for full details. (lbe) |
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| Friday, January 17, 2025 | ||
| 48 | 48
motion
Settlement
Fri 01/17 9:35 PM
Joint MOTION for Settlement Approval by Brian Montoya Betancur. Responses due by 1/31/2025. (Kozolchyk, Elliot) |
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| Monday, January 13, 2025 | ||
| 47 | 47
order
Order Dismissing/Closing Case or Party
Mon 01/13 2:19 PM
PAPERLESS ORDER REQUIRING JOINT MOTION TO DISMISS AND ADMINISTRATIVELY CLOSING CASE. This cause comes before the Court upon44 the parties' consent to U.S. Magistrate Judge jurisdiction and46 the District Judge's Order referring the case to the undersigned. The parties settled the case during the Settlement Conference before the undersigned. See ECF Nos. 42, 45. Before the Court can dismiss the case and approve a settlement of the FLSA claims, the Court must scrutinize the settlement and determine that it is a "fair and reasonable resolution of a bona fide dispute over FLSA provisions." Lynn's Food Stores v. United States , 679 F.2d 1350, 1355 (11th Cir. 1982). The Court must also consider "the reasonableness of [Plaintiff's] counsel's legal fees to assure both that counsel is compensated adequately and that no conflict of interest taints the amount the wronged employee recovers under a settlement agreement." Silva v. Miller , 307 F. App'x 349, 351 (11th Cir. 2009). Accordingly, by Friday, January 17, 2025 , the parties shall file a Joint Motion to Dismiss (NOT a Stipulation of Dismissal) and email the written Settlement Agreement to the undersigned at valle@flsd.uscourts.gov. Plaintiff's counsel must also email counsel's hours, billing rate(s), total attorney's fees, and costs incurred in the litigation, including billing records to support the fees and costs set forth in the Settlement Agreement. Additionally, if the parties wish the Court to retain jurisdiction, the Joint Motion to Dismiss should so indicate, or the dismissal may deprive the Court of jurisdiction to do anything further. See, e.g., Anago Franchising, Inc. v. Shaz, LLC , 677 F.3d 1272, 1280 (11th Cir. 2012). Lastly, this case is administratively CLOSED and any pending motions are DENIED AS MOOT . See ECF No.21 . Signed by Magistrate Judge Alicia O. Valle on 1/13/2025. (lbe) |
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utility
~Util - Terminate Deadlines and Hearings
Mon 01/13 9:44 AM
Calendar Call and Jury Trial Deadline(s)/Hearing(s) have been terminated, per DE46 , as per Order of Reference. (ldm) |
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| Thursday, January 09, 2025 | ||
| 46 | 46
1
pgs
order
Order Referring Case to Magistrate Judge
Fri 01/10 9:06 AM
ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Trial. Judge Melissa Damian no longer assigned as presider/referral judge(s) in case. Signed by Judge Melissa Damian on 1/9/2025. See attached document for full details. (drz) |
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| 45 | 45
minutes
Settlement Conference + MINUTE ORDER (IMPORTANT! select w hrg(s) for AO CREDIT)
Thu 01/09 2:37 PM
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia O. Valle: Settlement Conference held on 1/9/2025. Case settled in full. Total time in court: 0 hour(s), 30 minutes. Attorney Appearances: Elliot Ari Kozolchyk (Pl), Christian Alan Petersen (Def). Other Appearances: Brian Montoya Betancur (Pl), Sebastien Malfanti (Def), Patrick Ubeda (Def and Corporate Representative). (Audio Zoom Meeting ID 160 252 7733).(lbe) |
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| 44 | 44
misc
Consent to Jurisdiction by US Magistrate Judge
Thu 01/09 11:39 AM
Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Brian Montoya Betancur (Kozolchyk, Elliot) |
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| Wednesday, January 08, 2025 | ||
| 43 | 43
order
- Order (PAPERLESS or pdf attached)
Wed 01/08 4:48 PM
PAPERLESS ORDER REGARDING CONTINUED SETTLEMENT CONFERENCE. The continued Settlement Conference will be held telephonically on Thursday, January 9, 2025, at 1 PM . Shortly before the Settlement Conference, all parties shall call (833) 568-8864 and, when prompted, enter Meeting ID 160 252 7733 and Passcode 1234 . The Court has reserved one hour for the Settlement Conference. Signed by Magistrate Judge Alicia O. Valle on 1/8/2025. (lbe) |
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| 42 | 42
minutes
Settlement Conference ~Util - Set/Reset Deadlines/Hearings + MINUTE ORDER (IMPORTANT! select w hrg(s) for AO CREDIT)
Wed 01/08 4:46 PM
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia O. Valle: Settlement Conference held on 1/8/2025. Settlement Conference continued to 1/9/2025. Total time in court: 2 hour(s), 35 minutes. Attorney Appearances: Elliot Ari Kozolchyk (Pl), Christian Alan Petersen (Def). Other Appearances: Brian Montoya Betancur (Pl), Sebastien Malfanti (Def), Patrick Ubeda (Def and Corporate Representative). (Audio Zoom Meeting ID 160 847 6869). (lbe) |
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| Tuesday, December 17, 2024 | ||
| 41 | 41
order
Order on Motion for Extension of Time
Tue 12/17 12:32 PM
PAPERLESS ORDER GRANTING40 Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's Discovery Requests (the "Motion"). All pretrial non-dispositive motions have been referred to the undersigned for appropriate disposition. ECF No.26 at 3. Accordingly, Defendants shall respond to Plaintiff's discovery requests by December 27, 2024. See ECF No.40 at 2. Going forward, the parties are reminded that, pursuant to Federal Rule of Civil Procedure 29, the parties may stipulate to procedures governing discovery (e.g., extending response deadlines) without the need for Court intervention, if the extension does not interfere with the deadlines for completing discovery, for hearing a motion, or for trial. Fed. R. Civ. P. 29(b); see S.D. Fla. L. R. 26.1(a). Signed by Magistrate Judge Alicia O. Valle on 12/17/2024. (lbe) |
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| Monday, December 16, 2024 | ||
| 40 | 40
motion
Extension of Time
Mon 12/16 5:12 PM
Unopposed MOTION for Extension of Time to Respond to Plaintiff's Discovery Requests by Carpet Care USA LLC, Sebastien Malfanti, Patrick Ubeda. Responses due by 12/30/2024.(Petersen, Christian) |
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Att: 1
Text of Proposed Order
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| 39 | 39
order
Order Setting/Resetting/Cancelling Hearing
Mon 12/16 12:32 PM
PAPERLESS ORDER REGARDING SETTLEMENT CONFERENCE. The Settlement Conference scheduled for January 8, 2025, will commence at 1:00 PM . This is solely a time change . All other terms of the20 Order Setting Settlement Conference remain in effect. The Court has reserved two hours for this Settlement Conference. Signed by Magistrate Judge Alicia O. Valle on 12/16/2024. (lbe) |
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| Thursday, December 12, 2024 | ||
| 38 | 38
1
pgs
order
Order Scheduling Mediation
Thu 12/12 2:01 PM
ORDER SCHEDULING MEDIATION before Mediator Daniel Feld, Esq. Mediation Hearing set for 2/19/2025 @ 10:00 a.m. via Zoom. Signed by Judge Melissa Damian on 12/11/2024. See attached document for full details. (amb) |
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| Tuesday, December 10, 2024 | ||
| 37 | 37
order
Order on Motion for Extension of Time
Tue 12/10 6:00 PM
PAPERLESS ORDER DENYING AS MOOT32 Plaintiff's Motion for Enlargement of Time to Schedule Mediation (the "Motion") based on33 Plaintiff's Notice of Filing Proposed Order Scheduling Mediation and Plaintiff's request to withdraw the Motion therein. Signed by Magistrate Judge Alicia O. Valle on 12/10/2024. (lbe) |
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| 36 | 36
adr
Notice of Mediator Selection and/or Hearing
Tue 12/10 12:49 PM
NOTICE of Mediator Selection and Hearing. Selected/Added Daniel T. Feld as Mediator. Mediation Hearing set for 2/19/2025 at 10:00 A.M.. (Niad Hannah, Cindy) |
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| 35 | 35
adr
Notice of Mediator Selection and/or Hearing
Tue 12/10 12:37 PM
NOTICE of Mediator Selection and Hearing. Selected/Added Daniel T. Feld as Mediator. Mediation Hearing set for 2/19/2025 at 2:00 P.M.. (Niad Hannah, Cindy) |
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| 34 | 34
adr
Notice of Mediator Selection and/or Hearing
Tue 12/10 12:19 PM
Amended NOTICE of Mediator Selection and Hearing. Selected/Added Daniel T. Feld as Mediator. Mediation Hearing set for Wednesday, February 19, 2025, at 2:00 PM.(Kozolchyk, Elliot) |
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Att: 1
Text of Proposed Order
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| Monday, December 09, 2024 | ||
| 33 | 33
adr
Notice of Mediator Selection and/or Hearing
Mon 12/09 7:43 PM
Plaintiff's NOTICE of Mediator Selection and Hearing. Selected/Added Daniel T. Feld as Mediator. Mediation Hearing set for Monday, February 19, 2024, at 2:00 PM.(Kozolchyk, Elliot) |
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Att: 1
Text of Proposed Order
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| 32 | 32
motion
Extension of Time
Mon 12/09 6:22 PM
Plaintiff's MOTION for Extension of Time to Schedule Mediation re26 Scheduling Order,,,, Order Referring Case to Mediation,,,, Order Referring Case to Magistrate Judge,,, by Brian Montoya Betancur. Responses due by 12/23/2024. (Kozolchyk, Elliot) |
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| Friday, December 06, 2024 | ||
| 31 | 31
1
pgs
order
Order on Motion to Continue
Fri 12/06 3:05 PM
ORDER GRANTING PLAINTIFF'S29 MOTION TO CONTINUE STATUS CONFERENCE. The Status Conference scheduled for December 13, 2024, is CANCELED. Signed by Judge Melissa Damian on 12/6/2024. See attached document for full details. (kpe) |
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| Wednesday, December 04, 2024 | ||
| 30 | 30
order
Order Setting/Resetting/Cancelling Hearing
Wed 12/04 1:03 PM
PAPERLESS ORDER RESCHEDULING SETTLEMENT CONFERENCE. Due to a scheduling conflict, the Settlement Conference scheduled for today, December 4, 2024, is RESCHEDULED to Wednesday, January 8, 2025, at 2 PM . All other terms of the20 Order Setting Settlement Conference remain unchanged. Signed by Magistrate Judge Alicia O. Valle on 12/4/2024. (lbe) |
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| Monday, December 02, 2024 | ||
| 29 | 29
motion
Continue
Mon 12/02 10:01 PM
MOTION to Continue December 13, 2024 Status Conference re23 Order Setting Status Conference by Brian Montoya Betancur. Responses due by 12/16/2024. (Kozolchyk, Elliot) |
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| Friday, November 22, 2024 | ||
| 28 | 28
respm
Response in Opposition to Motion
Fri 11/22 3:41 PM
RESPONSE in Opposition re21 Plaintiff's MOTION to Dismiss12 Answer to Complaint, Counterclaim filed by Carpet Care USA LLC, Sebastien Malfanti, Patrick Ubeda. Replies due by 12/2/2024. (Petersen, Christian) |
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| Wednesday, November 20, 2024 | ||
| 27 | 27
notice
Notice of Compliance
Wed 11/20 4:37 PM
NOTICE of Compliance by Carpet Care USA LLC, Sebastien Malfanti, Patrick Ubeda re22 Order on Motion for Clarification, (Petersen, Christian) |
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| 26 | 26
order
Scheduling Order Order Referring Case to Mediation Order Referring Case to Magistrate Judge
Wed 11/20 2:09 PM
SCHEDULING ORDER: ( Jury Trial set for 5/19/2025 in Fort Lauderdale Division before Judge Melissa Damian., Calendar Call set for 5/14/2025 01:30 PM in Fort Lauderdale Division before Judge Melissa Damian., Mediation Deadline 2/24/2025.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 2/24/2025.), ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Pre-trial Non-dispositive matters. Signed by Judge Melissa Damian on 11/20/2024. See attached document for full details. (ar24) |
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| Friday, November 15, 2024 | ||
| 25 | 25
misc
Scheduling Report - Rule 26(f)/16.1
Fri 11/15 4:27 PM
Joint SCHEDULING REPORT - Rule by Brian Montoya Betancur(Kozolchyk, Elliot) |
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Att: 1
Text of Proposed Order
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| 24 | 24
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Fri 11/15 10:07 AM
Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Carpet Care USA LLC, Sebastien Malfanti, Patrick Ubeda (Petersen, Christian) |
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| Thursday, November 14, 2024 | ||
| 23 | 23
1
pgs
order
Order Setting Status Conference
Thu 11/14 2:35 PM
ORDER Setting Status Conference: Status Conference set for 12/13/2024 10:00 AM in Fort Lauderdale Division before Judge Melissa Damian. Signed by Judge Melissa Damian on 11/14/2024. See attached document for full details. (ar24) |
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| 22 | 22
2
pgs
order
Order on Motion for Clarification
Thu 11/14 1:19 PM
ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION FOR CLARIFICATION, OR IN THE ALTERNATIVE, MOTION FOR EXTENSION OF TIME TO PROVIDE SUPPORTING DOCUMENTS [ECF NO. 19]. Signed by Judge Melissa Damian on 11/14/2024. See attached document for full details. (ar24) |
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| Friday, November 08, 2024 | ||
| 21 | 21
motion
Dismiss
Fri 11/08 7:47 PM
Plaintiff's MOTION to Dismiss12 Answer to Complaint, Counterclaim by Brian Montoya Betancur. Responses due by 11/22/2024. (Kozolchyk, Elliot) |
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| Thursday, November 07, 2024 | ||
| 20 | 20
2
pgs
order
Order Setting/Resetting/Cancelling Hearing
Thu 11/07 6:12 PM
ORDER SETTING SETTLEMENT CONFERENCE. A telephonic Settlement Conference is set for 12/4/2024 at 3:00 PM before Magistrate Judge Alicia O. Valle. Signed by Magistrate Judge Alicia O. Valle on 11/7/2024. See attached document for full details. (lbe) |
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| Tuesday, November 05, 2024 | ||
| 19 | 19
motion
Clarification
Tue 11/05 5:43 PM
Unopposed MOTION for clarification9 Order of Requirements,, Order Referring Case to Magistrate Judge, or in the Alternative, MOTION for Extension of Time by Carpet Care USA LLC, Sebastien Malfanti, Patrick Ubeda. Responses due by 11/19/2024. (Petersen, Christian) |
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| 18 | 18
respm
Response/Reply (Other)
Tue 11/05 3:56 PM
RESPONSE to11 Statement of Claim by Carpet Care USA LLC, Sebastien Malfanti, Patrick Ubeda. (Petersen, Christian) |
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| Friday, November 01, 2024 | ||
| 17 | 17
order
Order on Motion for Extension of Time
Fri 11/01 3:48 PM
PAPERLESS ORDER granting14 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Counterclaims. Finding good cause for the requested one-week extension of time and noting the Motion is unopposed, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Plaintiff shall respond to Defendants' Counterclaim on or before November 15, 2024 . Signed by Judge Melissa Damian on 11/1/2024. (oco) |
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utility
~Util - Set/Reset Response/Answer Due Deadline
Fri 11/01 3:49 PM
Set/Reset Response/Answer Due Deadline: Brian Montoya Betancur response/answer to Counterclaim due 11/15/2024. (oco) |
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| Thursday, October 31, 2024 | ||
| 16 | 16
notice
Notice of Compliance
Thu 10/31 9:48 PM
NOTICE of Compliance by Brian Montoya Betancur re9 Order of Requirements,, Order Referring Case to Magistrate Judge, (Kozolchyk, Elliot) |
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| 15 | 15
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Thu 10/31 9:47 PM
Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Brian Montoya Betancur (Kozolchyk, Elliot) |
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| 14 | 14
motion
Extension of Time
Thu 10/31 9:27 PM
Plaintiff's MOTION for Extension of Time to respond to Defendants' Counterclaims re12 Answer to Complaint, Counterclaim, Set/Reset Deadlines by Brian Montoya Betancur. Responses due by 11/14/2024. (Kozolchyk, Elliot) |
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| Friday, October 25, 2024 | ||
| 13 | 13
1
pgs
order
Order Requiring Joint Scheduling Report
Fri 10/25 9:48 AM
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 11/15/2024 Signed by Judge Melissa Damian on 10/24/2024. See attached document for full details. (ar24) |
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| Monday, October 21, 2024 | ||
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utility
~Util - Set/Reset Response/Answer Due Deadline
Mon 10/21 4:21 PM
Set/Reset Response/Answer Due Deadline: Brian Montoya Betancur response/answer to12 Counterclaim due 11/8/2024. (oco) |
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| Friday, October 18, 2024 | ||
| 12 | 12
answer
Answer to Complaint Counterclaim
Fri 10/18 4:58 PM
Defendants' ANSWER and Affirmative Defenses to Complaint , COUNTERCLAIM against All Plaintiffs by Sebastien Malfanti, Patrick Ubeda, Carpet Care USA LLC. (Petersen, Christian) |
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| Wednesday, October 16, 2024 | ||
| 11 | 11
misc
Statement
Wed 10/16 4:16 PM
Statement of: Claim by Brian Montoya Betancur re9 Order of Requirements,, Order Referring Case to Magistrate Judge,(Kozolchyk, Elliot) |
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Att: 1
Exhibit A - Plaintiff's Statement of Claim
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| Tuesday, October 08, 2024 | ||
| 10 | 10
2
pgs
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Wed 10/09 8:47 AM
ORDER granting5 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document Carpet Care USA LLC. Response/Answer due 10/18/2024; Sebastien Malfanti. Response/Answer due 10/18/2024; Patrick Ubeda. Response/Answer due 10/18/2024. Signed by Judge Melissa Damian on 10/8/2024. See attached document for full details. (drz) |
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| 9 | 9
3
pgs
order
Order of Requirements Order Referring Case to Magistrate Judge
Wed 10/09 8:38 AM
ORDER ON COURT PRACTICE IN FLSA CASES ( Statement of Claim due by 10/18/2024.), REFERRING CASE to Magistrate Judge Alicia O. Valle for Settlement Conference. Signed by Judge Melissa Damian on 10/8/2024. See attached document for full details. (drz) |
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| 8 | 8
service
Summons (Affidavit) Returned Executed
Tue 10/08 2:27 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Brian Montoya Betancur. Patrick Ubeda served on 9/13/2024, response/answer due 10/4/2024. (Kozolchyk, Elliot) |
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| 7 | 7
service
Summons (Affidavit) Returned Executed
Tue 10/08 2:26 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Brian Montoya Betancur. Sebastien Malfanti served on 9/14/2024, response/answer due 10/7/2024. (Kozolchyk, Elliot) |
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| 6 | 6
service
Summons (Affidavit) Returned Executed
Tue 10/08 2:25 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Brian Montoya Betancur. Carpet Care USA LLC served on 9/13/2024, response/answer due 10/4/2024. (Kozolchyk, Elliot) |
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| Friday, October 04, 2024 | ||
| 5 | 5
motion
Extension of Time to File Response/Reply/Answer
Fri 10/04 4:20 PM
MOTION for Extension of Time to File Response/Reply/Answer as to1 Complaint, by Carpet Care USA LLC, Sebastien Malfanti, Patrick Ubeda. Attorney Christian Alan Petersen added to party Carpet Care USA LLC(pty:dft), Attorney Christian Alan Petersen added to party Sebastien Malfanti(pty:dft), Attorney Christian Alan Petersen added to party Patrick Ubeda(pty:dft).(Petersen, Christian) |
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Att: 1
Text of Proposed Order
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| Friday, September 20, 2024 | ||
| 4 | 4
order
- Order (PAPERLESS or pdf attached)
Mon 09/23 8:43 AM
ORDER ON COURT PRACTICE IN CASES WITH MULTIPLE DEFENDANTS re1 Complaint, filed by Brian Montoya Betancur Signed by Judge Melissa Damian on 9/20/2024. See attached document for full details. (drz) |
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| Thursday, September 05, 2024 | ||
| 3 | 3
service
Summons Issued
Thu 09/05 2:38 PM
Summons Issued as to Carpet Care USA LLC, Sebastien Malfanti, Patrick Ubeda. (nan) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Thu 09/05 2:35 PM
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 Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (nan) |
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| 1 | 1
4
pgs
cmp
Complaint
Thu 09/05 1:53 PM
COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17811742, filed by Brian Montoya Betancur.(Kozolchyk, Elliot) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summon(s),
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Att: 3
Exhibit A - Plaintiff's Statement of Claim
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