Dorsainvil v. The Eden Roc Hotel et al

Florida Southern District Court
Judge:K Michael Moore
Referred: Marty Fulgueira Elfenbein
Case #: 1:24-cv-22779
Nature of Suit442 Civil Rights - Employment
Cause42:1983 Civil Rights (Employment Discrimination)
Case Filed:Jul 22, 2024
Terminated:Oct 07, 2024
Last checked: Thursday Sep 05, 2024 4:51 AM EDT
Defendant
Davidson Hospitality Group
Defendant
The Eden Roc Hotel
Plaintiff
Hassan Dorsainvil
11520 NE 6th Avenue, Apt 8
Miami, FL 33161

GPO Jul 24 2024
REPORT AND RECOMMENDATIONS re 3 MOTION for Referral to Volunteer Attorney Program filed by Hassan Dorsainvil Recommending Granting. Objections to R&R due by 8/7/2024 Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/24/2024. See attached document for full details. (cqs)
GPO Aug 08 2024
ORDER granting 3 Motion for Referral to Volunteer Attorney Program; Adopting 9 Report and Recommendations on 3 Motion for Referral to Volunteer Attorney Program filed by Hassan Dorsainvil. Signed by Judge K. Michael Moore on 8/8/2024. See attached document for full details. (sdu)

Docket last updated: 51 minutes ago
Monday, October 07, 2024
15 15 order Order Dismissing/Closing Case or Party Mon 10/07 4:07 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice of Voluntary Dismissal14 . Rule of Civil Procedure 41(a) allows a plaintiff to voluntarily dismiss a claim (1) prior to a defendant's filing of an answer or a motion for summary judgment, or (2) by filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1). In this case, neither an answer nor a motion for summary judgment has been filed. Accordingly, 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 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 10/7/2024. (dp01)
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14 14 motion Dismiss Mon 10/07 11:00 AM
MOTION to Dismiss by Hassan Dorsainvil. Responses due by 10/21/2024. (cqs)
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Thursday, October 03, 2024
13 13 service Waiver of Service Executed Thu 10/03 11:12 AM
WAIVER OF SERVICE Returned Executed by Hassan Dorsainvil. The Eden Roc Hotel waiver sent on 8/6/2024, answer due 10/7/2024. (cqs)
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12 12 notice Clerk's Notice of Docket Correction - Chambers and Clerks Thu 10/03 11:11 AM
Clerk's Notice of Docket Correction re11 Waiver of Service Executed. Correction Other. Wrong party selected. Redocketed at DE#12. (cqs)
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11 11 service Waiver of Service Executed Thu 10/03 11:08 AM
Restricted See DE#13. Party Modified on 10/3/2024 (cqs)
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Thursday, August 08, 2024
10 10 2 pgs order Order on Motion for Referral to Volunteer Attorney Program Order on Report and Recommendations Thu 08/08 3:31 PM
ORDER granting3 Motion for Referral to Volunteer Attorney Program; Adopting9 Report and Recommendations on3 Motion for Referral to Volunteer Attorney Program filed by Hassan Dorsainvil. Signed by Judge K. Michael Moore on 8/8/2024. See attached document for full details. (sdu)
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Wednesday, July 24, 2024
9 9 motion Report and Recommendations Wed 07/24 1:51 PM
REPORT AND RECOMMENDATIONS re3 MOTION for Referral to Volunteer Attorney Program filed by Hassan Dorsainvil Recommending Granting. Objections to R&R due by 8/7/2024 Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/24/2024. See attached document for full details. (cqs)
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Tuesday, July 23, 2024
8 8 order - Order (PAPERLESS or pdf attached) Tue 07/23 12:41 PM
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/23/2024. See attached document for full details. (cqs)
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7 7 order Order Referring Case to Magistrate Judge Tue 07/23 9:24 AM
PAPERLESS ORDER REFERRING CASE. PURSUANT to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge K. Michael Moore on 7/23/2024. (sdu)
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6 6 order Pretrial Order Tue 07/23 9:22 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 7/23/2024. (sdu)
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Monday, July 22, 2024
5 5 misc Clerk's Receipt (combines Filing Fee and Partial Filing Fee) Mon 07/22 11:14 AM
Clerks Notice of Receipt of Filing Fee received on 7/22/2024 in the amount of $ 405.00, receipt number FLS28976. (jes)
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4 4 service Summons Issued Mon 07/22 11:05 AM
Summons Issued as to Davidson Hospitality Group, The Eden Roc Hotel. (amb)
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3 3 motion Volunteer Attorney Program Mon 07/22 11:02 AM
MOTION for Referral to Volunteer Attorney Program by Hassan Dorsainvil. (amb)
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2 2 order Clerk's Notice of Judge Assignment and Optional Consent Mon 07/22 11:01 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. 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. (amb)
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1 1 cmp Complaint Mon 07/22 10:59 AM
COMPLAINT against Davidson Hospitality Group, The Eden Roc Hotel. Filing fees $ 405.00, filed by Hassan Dorsainvil.(amb)
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Att: 1 Civil Cover Sheet,
Att: 2 Exhibits