Castellon Saballos v. Protek America, LLC et al
| Florida Southern District Court | |
| Judge: | Donald M Middlebrooks |
| Referred: | William Matthewman |
| Case #: | 9:25-cv-80972 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:0201 Fair Labor Standards Act |
| Case Filed: | Aug 05, 2025 |
| Terminated: | Jun 03, 2026 |
| Last checked: Sunday Feb 01, 2026 2:36 AM EST |
|
Defendant
Jonathan Levy
|
Represented By
|
|
Defendant
Protek America, LLC
|
Represented By
|
|
Defendant
Protek Irrigation, LLC
|
Represented By
|
|
Defendant
Protek Nurseries, LLC
|
Represented By
|
|
Defendant
Protek Pest Control, Inc.
|
Represented By
|
|
Defendant
R. Tovin Painting & Decorating FLA, Inc.
|
Represented By
|
|
Plaintiff
Dixson R. Castellon Saballos
|
Represented By
|
| Docket last updated: 06/12/2026 11:59 PM EDT |
| Wednesday, June 03, 2026 | ||
| 43 | 43
ORDER GRANTING APPROVAL OF SETTLEMENT AND DISMISSING CASE. The Parties' Motion DE42 is GRANTED. This action is DISMISSED WITH PREJUDICE. The Clerk of Court shall CLOSE this case and DENY all pending motions as MOOT. Signed by Judge Donald M. Middlebrooks on 6/3/2026. See attached document for full details. (ebz) |
|
| Friday, May 29, 2026 | ||
| 42 | 42
Joint MOTION for Settlement Approval of FLSA Claims, Dismissal, Retention of Jurisdiction by Dixson R. Castellon Saballos. Responses due by 6/12/2026.)(Tomasello, Anne) |
|
|
Att: 1
|
||
|
Att: 2
|
||
| Tuesday, May 26, 2026 | ||
| 41 | 41
order
Order on Motion for Extension of Time
Tue 05/26 3:46 PM
PAPERLESS ORDER granting40 Joint Motion for Extension. The Parties seek an extension of time to file closing documents from May 21, 2026, to May 29, 2026. In support, the Parties point to the significant number of named defendants in this action. The Parties also note that all documents must be formally translated. Motions for extension of time must set forth good cause supported by specific facts. I find this standard to be adequately met. Accordingly, the Parties shall file appropriate closing documents no later than May 29, 2026. Signed by Judge Donald M. Middlebrooks on 5/26/2026. (kid) |
|
| Thursday, May 21, 2026 | ||
| 40 | 40
Joint MOTION for Extension of Time to File Motion for Settlement Approval re 39 Order,,, by Dixson R. Castellon Saballos. Responses due by 6/4/2026.(Tomasello, Anne) |
|
|
Att: 1
|
||
| Monday, May 11, 2026 | ||
| 39 | 39
order
- Order (PAPERLESS or pdf attached)
Mon 05/11 3:40 PM
PAPERLESS ORDER SETTING DEADLINE TO FILE CLOSING DOCUMENTS. The Parties have settled this FLSA action (DE 38 ), and the Court congratulates them on reaching an amicable resolution of this case. Appropriate dismissal documents must be filed within 10 days, or no later than May 21, 2026, including a copy of the Parties' fully executed settlement agreement for this Court's review. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1353 (11th Cir. 1982) ("When employees bring a private action for back wages under the FLSA, and present to the district court a proposed settlement, the district court may enter a stipulated judgment after scrutinizing the settlement for fairness."). Signed by Judge Donald M. Middlebrooks on 5/11/2026. (kid) |
|
| Friday, May 08, 2026 | ||
| 38 | 38
minutes
Settlement Conference
Fri 05/08 3:53 PM
PAPERLESS Minute Order for proceedings held before Ch. Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Settlement Conference held on 5/8/2026. Negotiations held. The case was settled. Settlement terms entered and ratified by all parties on the record. The Court found that a full and complete settlement has been reached. The parties shall promptly complete a written settlement agreement and file a Joint Motion for FLSA Settlement Approval. Total time in court: 03 hour(s) : 05 minutes. Attorney Appearance(s): Anne E. Tomasello, Corey Daniel Cohen, Tim Olenn with Jonathan Levy. Other appearances: Interpreter Abner Ramirez-Canto for Plaintiff. (Digital 10:01:14; 14:36:08) (swr) |
|
| Wednesday, April 29, 2026 | ||
| 37 | 37
NOTICE of Attorney Appearance by Corey Daniel Cohen on behalf of Protek America, LLC. Attorney Corey Daniel Cohen added to party Protek America, LLC(pty:dft). (Cohen, Corey) |
|
| Monday, March 30, 2026 | ||
| 36 | 36
REPORT REGARDING Settlement by Dixson R. Castellon Saballos (Tomasello, Anne) |
|
| Friday, March 20, 2026 | ||
| 35 | 35
ORDER SCHEDULING SETTLEMENT CONFERENCE VIA ZOOM VTC. Settlement Conference set for 5/8/2026 10:00 AM before Ch. Magistrate Judge William Matthewman. Signed by Ch. Magistrate Judge William Matthewman on 3/20/2026. See attached document for full details. (ebz) |
|
| Thursday, March 19, 2026 | ||
| 34 | 34
ORDER REFERRING CASE TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. Magistrate Judge William Matthewman for a settlement conference. Signed by Judge Donald M. Middlebrooks on 3/19/2026. See attached document for full details. (ebz) |
|
| Monday, March 16, 2026 | ||
| 33 | 33
Defendant's RESPONSE to30 Statement of Claim by Jonathan Levy, Protek America, LLC, Protek Irrigation, LLC, Protek Nurseries, LLC, Protek Pest Control, Inc., R. Tovin Painting & Decorating FLA, Inc..(Lopez, Paul) |
|
|
Att: 1
|
||
| 32 | 32
REPORT REGARDING Joint Discovery Plan by Dixson R. Castellon Saballos (Tomasello, Anne) |
|
| Friday, March 13, 2026 | ||
| 31 | 31
NOTICE of Mediator Selection. Selected/Added Robyn Hankins as Mediator. (Tomasello, Anne) |
|
| Friday, March 06, 2026 | ||
| 30 | 30
Statement of: of Claim by Dixson R. Castellon Saballos re28 Order, Set/Reset Deadlines(Tomasello, Anne) |
|
|
Att: 1
|
||
| Wednesday, March 04, 2026 | ||
| 29 | 29
ORDER APPROVING DEFENDANTS' SUBTITUTION OF COUNSEL re24 Stipulation, filed by R. Tovin Painting & Decorating FLA, Inc., Protek Nurseries, LLC, Protek Pest Control, Inc., Protek Irrigation, LLC, Protek America, LLC, Jonathan Levy. Attorneys Paul 0. Lopez, Esq. and Brittany L. Hynes, Esq., of the law firm Tripp Scott, P.A., shall be substituted as counsel of record for Defendants. Signed by Judge Donald M. Middlebrooks on 3/4/2026. See attached document for full details. (ebz) |
|
| Monday, March 02, 2026 | ||
| 28 | 28
ORDER SETTING FLSA SCHEDULE. (Statement of Claim due by 3/9/2026.). Signed by Ch. Magistrate Judge William Matthewman on 3/2/2026. See attached document for full details. (jas) |
|
| 27 | 27
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: (Amended Pleadings due by 3/27/2026, Discovery due by 7/9/2026, Joinder of Parties due by 3/27/2026, In Limine Motions due by 7/23/2026, Pretrial Motions due by 7/23/2026, Joint Pretrial Stipulation due by 8/24/2026, Jury Trial set for 9/21/2026 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks, Calendar Call set for 9/16/2026 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.). Signed by Ch. Magistrate Judge William Matthewman on 3/2/2026. See attached document for full details. (jas) |
|
| 26 | 26
minutes
Scheduling Conference + MINUTE ORDER (IMPORTANT! select w hrg(s) for AO CREDIT)
Mon 03/02 1:37 PM
PAPERLESS Minute Order for proceedings held before Ch. Magistrate Judge William Matthewman: Scheduling Conference held on 3/2/26 via Zoom Video Teleconference. The Court discussed whether parties would be added, the trial period, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached, the local rules, discovery, and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 30 minutes. Attorney Appearance(s): Anne E. Tomasello, Paul Octavio Lopez, Brittany Lee Hynes. (Digital Zoom Video Recording 1:01 pm) (no00) |
|
| Thursday, February 26, 2026 | ||
| 25 | 25
ORDER Granting21 Motion to Withdraw as Attorney. Daniel Elliot Kalter representing Protek America, LLC (Defendant) and Protek Irrigation, LLC (Defendant) and Protek Nurseries, LLC (Defendant); and Protek Pest Control, Inc. (Defendant); and R. Tovin Painting & Decorating FLA, Inc. (Defendant); and Levy, Jonathan (Defendant); ; Attorney Lara Joanne Peppard representing Protek America, LLC (Defendant) and Protek Irrigation, LLC (Defendant); and Protek Nurseries, LLC (Defendant); and Protek Pest Control, Inc. (Defendant); and R. Tovin Painting & Decorating FLA, Inc. (Defendant); and Levy, Jonathan (Defendant); withdrawn from case. Deadline to obtain new counsel 3/13/2026. Status Report due by 3/13/2026. Signed by Judge Donald M. Middlebrooks on 2/26/2026. See attached document for full details. (cds) |
|
| Wednesday, February 25, 2026 | ||
| 24 | 24
STIPULATION for Substitution of Counsel by Jonathan Levy, Protek America, LLC, Protek Irrigation, LLC, Protek Nurseries, LLC, Protek Pest Control, Inc., R. Tovin Painting & Decorating FLA, Inc.(Lopez, Paul) |
|
|
Att: 1
|
||
| 23 | 23
NOTICE of Attorney Appearance by Brittany Lee Hynes on behalf of Jonathan Levy, Protek America, LLC, Protek Irrigation, LLC, Protek Nurseries, LLC, Protek Pest Control, Inc., R. Tovin Painting & Decorating FLA, Inc.. Attorney Brittany Lee Hynes added to party Jonathan Levy(pty:dft), Attorney Brittany Lee Hynes added to party Protek America, LLC(pty:dft), Attorney Brittany Lee Hynes added to party Protek Irrigation, LLC(pty:dft), Attorney Brittany Lee Hynes added to party Protek Nurseries, LLC(pty:dft), Attorney Brittany Lee Hynes added to party Protek Pest Control, Inc.(pty:dft), Attorney Brittany Lee Hynes added to party R. Tovin Painting & Decorating FLA, Inc.(pty:dft). (Hynes, Brittany) |
|
| Tuesday, February 24, 2026 | ||
| 22 | 22
NOTICE of Attorney Appearance by Paul Octavio Lopez on behalf of Jonathan Levy, Protek America, LLC, Protek Irrigation, LLC, Protek Nurseries, LLC, Protek Pest Control, Inc., R. Tovin Painting & Decorating FLA, Inc.. Attorney Paul Octavio Lopez added to party Jonathan Levy(pty:dft), Attorney Paul Octavio Lopez added to party Protek America, LLC(pty:dft), Attorney Paul Octavio Lopez added to party Protek Irrigation, LLC(pty:dft), Attorney Paul Octavio Lopez added to party Protek Nurseries, LLC(pty:dft), Attorney Paul Octavio Lopez added to party Protek Pest Control, Inc.(pty:dft), Attorney Paul Octavio Lopez added to party R. Tovin Painting & Decorating FLA, Inc.(pty:dft). (Lopez, Paul) |
|
| Friday, February 20, 2026 | ||
| 21 | 21
MOTION to Withdraw as Attorney by Lara J. Peppard and Daniel E. Kalter for / by Jonathan Levy, Protek America, LLC, Protek Irrigation, LLC, Protek Nurseries, LLC, Protek Pest Control, Inc., R. Tovin Painting & Decorating FLA, Inc.. Responses due by 3/6/2026. (Peppard, Lara) |
|
| Tuesday, February 17, 2026 | ||
| 20 | 20
order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Hearings
Tue 02/17 10:45 AM
ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 3/2/2026 at 1:00 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Ch. Magistrate Judge William Matthewman on 2/17/2026. (no00) |
|
| Tuesday, February 10, 2026 | ||
| 19 | 19
ORDER REFERRING CASE AND SETTING TRIAL DATE: Jury Trial set for 9/21/2026 at 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 9/16/2026 at 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. ORDER REFERRING CASE to Magistrate Judge William Matthewman to conduct a Scheduling Conference Signed by Judge Donald M. Middlebrooks on 2/10/2026. See attached document for full details. (mee) |
|
| Monday, October 27, 2025 | ||
| 18 | 18
Joint NOTICE of Filing Scheduling Report and Proposed Scheduling Order by Dixson R. Castellon Saballos (Tomasello, Anne) |
|
|
Att: 1
|
||
|
Att: 2
|
||
| Friday, October 24, 2025 | ||
| 17 | 17
ORDER ON MOTION TO STRIKE. Plaintiff's Motion DE14 is GRANTED IN PART AND DENIED IN PART as set forth in this Order. Signed by Judge Donald M. Middlebrooks on 10/23/2025. See attached document for full details. (ebz) |
|
| Tuesday, October 21, 2025 | ||
| 16 | 16
Plaintiff's REPLY to15 Response in Opposition to Motion, by Dixson R. Castellon Saballos. (Tomasello, Anne) |
|
| Tuesday, October 14, 2025 | ||
| 15 | 15
RESPONSE in Opposition re14 Plaintiff's MOTION to Strike13 Answer to Complaint, Certain Affirmative Defenses filed by Jonathan Levy, Protek America, LLC, Protek Irrigation, LLC, Protek Nurseries, LLC, Protek Pest Control, Inc., R. Tovin Painting & Decorating FLA, Inc.. Replies due by 10/21/2025. (Kalter, Daniel) |
|
| Monday, September 29, 2025 | ||
| 14 | 14
Plaintiff's MOTION to Strike13 Answer to Complaint, Certain Affirmative Defenses by Dixson R. Castellon Saballos. Responses due by 10/14/2025. (Tomasello, Anne) |
|
| Monday, September 08, 2025 | ||
| 13 | 13
Defendants' ANSWER and Affirmative Defenses to Complaint by Jonathan Levy, Protek America, LLC, Protek Irrigation, LLC, Protek Nurseries, LLC, Protek Pest Control, Inc., R. Tovin Painting & Decorating FLA, Inc.. (Peppard, Lara) |
|
| Tuesday, September 02, 2025 | ||
| 12 | 12
WAIVER OF SERVICE Returned Executed by Dixson R. Castellon Saballos. Jonathan Levy waiver sent on 8/26/2025, response/answer due 10/27/2025. (Tomasello, Anne) |
|
| Friday, August 29, 2025 | ||
| 11 | 11
NOTICE of Attorney Appearance by Lara Joanne Peppard on behalf of Jonathan Levy, Protek America, LLC, Protek Irrigation, LLC, Protek Nurseries, LLC, Protek Pest Control, Inc., R. Tovin Painting & Decorating FLA, Inc.. Attorney Lara Joanne Peppard added to party Jonathan Levy(pty:dft), Attorney Lara Joanne Peppard added to party Protek America, LLC(pty:dft), Attorney Lara Joanne Peppard added to party Protek Irrigation, LLC(pty:dft), Attorney Lara Joanne Peppard added to party Protek Nurseries, LLC(pty:dft), Attorney Lara Joanne Peppard added to party Protek Pest Control, Inc.(pty:dft), Attorney Lara Joanne Peppard added to party R. Tovin Painting & Decorating FLA, Inc.(pty:dft). (Peppard, Lara) |
|
| Thursday, August 28, 2025 | ||
| 10 | 10
order
Order on Motion for Extension of Time
Thu 08/28 11:58 AM
PAPERLESS ORDER granting in part9 Motion for Extension of Time. Defendants seek to extend the deadline to respond to Plaintiff's Complaint (DE1 ) through September 18, 2025. In support, they state only that counsel was recently retained, and additional time is needed to craft a respond. Motions for Extension of Time must demonstrate good cause supported by specific facts. The vague facts supplied do not justify the lengthy extension requested. However, because the Motion is unopposed, I will afford Defendants a shorter delay. Accordingly, Defendants shall respond to Plaintiff's Complaint on or by September 8, 2025. Signed by Judge Donald M. Middlebrooks on 8/28/2025. (sm01) |
|
|
utility
~Util - Set/Reset Response/Answer Due Deadline
Thu 08/28 2:49 PM
Set/Reset Response/Answer Due Deadline per DE 10 Order. Jonathan Levy response/answer due 9/8/2025; Protek America, LLC response/answer due 9/8/2025; Protek Irrigation, LLC response/answer due 9/8/2025; Protek Nurseries, LLC response/answer due 9/8/2025; Protek Pest Control, Inc. response/answer due 9/8/2025; R. Tovin Painting & Decorating FLA, Inc. response/answer due 9/8/2025. (amb) |
||
| Wednesday, August 27, 2025 | ||
| 9 | 9
Unopposed MOTION for Extension of Time to Respond to the Complaint re1 Complaint,, by Jonathan Levy, Protek America, LLC, Protek Irrigation, LLC, Protek Nurseries, LLC, Protek Pest Control, Inc., R. Tovin Painting & Decorating FLA, Inc.. Attorney Daniel Elliot Kalter added to party Jonathan Levy(pty:dft), Attorney Daniel Elliot Kalter added to party Protek America, LLC(pty:dft), Attorney Daniel Elliot Kalter added to party Protek Irrigation, LLC(pty:dft), Attorney Daniel Elliot Kalter added to party Protek Nurseries, LLC(pty:dft), Attorney Daniel Elliot Kalter added to party Protek Pest Control, Inc.(pty:dft), Attorney Daniel Elliot Kalter added to party R. Tovin Painting & Decorating FLA, Inc.(pty:dft). Responses due by 9/10/2025.(Kalter, Daniel) |
|
|
Att: 1
|
||
| Friday, August 08, 2025 | ||
| 8 | 8
SUMMONS (Affidavit) Returned Executed on1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Dixson R. Castellon Saballos. Protek Irrigation, LLC served on 8/6/2025, response/answer due 8/27/2025. (Tomasello, Anne) |
|
| 7 | 7
SUMMONS (Affidavit) Returned Executed on1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Dixson R. Castellon Saballos. R. Tovin Painting & Decorating FLA, Inc. served on 8/6/2025, response/answer due 8/27/2025. (Tomasello, Anne) |
|
| 6 | 6
SUMMONS (Affidavit) Returned Executed on1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Dixson R. Castellon Saballos. Protek America, LLC served on 8/6/2025, response/answer due 8/27/2025. (Tomasello, Anne) |
|
| 5 | 5
SUMMONS (Affidavit) Returned Executed on1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Dixson R. Castellon Saballos. Protek Pest Control, Inc. served on 8/6/2025, response/answer due 8/27/2025. (Tomasello, Anne) |
|
| 4 | 4
SUMMONS (Affidavit) Returned Executed on1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Dixson R. Castellon Saballos. Protek Nurseries, LLC served on 8/6/2025, response/answer due 8/27/2025. (Tomasello, Anne) |
|
| Tuesday, August 05, 2025 | ||
| 3 | 3
Summons Issued as to Jonathan Levy, Protek America, LLC, Protek Irrigation, LLC, Protek Nurseries, LLC, Protek Pest Control, Inc., R. Tovin Painting & Decorating FLA, Inc..(ebz) |
|
|
Att: 1
|
||
|
Att: 2
|
||
|
Att: 3
|
||
|
Att: 4
|
||
|
Att: 5
|
||
| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Tue 08/05 10:49 AM
Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (ebz) |
|
| 1 | 1
COMPLAINT against Jonathan Levy, Protek America, LLC, Protek Irrigation, LLC, Protek Nurseries, LLC, Protek Pest Control, Inc., R. Tovin Painting & Decorating FLA, Inc.. Filing fees $ 405.00 receipt number AFLSDC-18675508, filed by Dixson R. Castellon Saballos.(Tomasello, Anne) |
|
|
Att: 1
|
||
|
Att: 2
|
||
|
Att: 3
|
||
|
Att: 4
|
||
|
Att: 5
|
||
|
Att: 6
|
||
|
Att: 7
|
||
|
Att: 8
|
||