Mendes da Silva v. Higher Tech Realty Fl LLC Estate
| Florida Middle District Court | |
| Judge: | Carlos E Mendoza |
| Referred: | Daniel C Irick |
| Case #: | 6:23-cv-01862 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Sep 27, 2023 |
| Terminated: | Jun 10, 2024 |
| Last checked: Monday Mar 25, 2024 4:25 AM EDT |
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Defendant
Higher Tech Realty, FL, LLC
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Represented By
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Plaintiff
Cesar Augusto Mendes da Silva
9709 Avellino Avenue #11202
Orlando, FL 32819 |
| Docket last updated: 04/22/2025 11:59 PM EDT |
| Tuesday, June 11, 2024 | ||
| 44 | 44
notice
Notice to Counsel of Local Rule
Tue 06/11 8:51 AM
NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (HAI) |
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| Monday, June 10, 2024 | ||
| 43 | 43
2
pgs
order
Order on Motion to Dismiss / Failure to State a Claim Order on Report and Recommendations
Mon 06/10 3:26 PM
ORDER adopting 42 Report and Recommendations; granting 38 Motion to Dismiss for Failure to State a Claim. This case is DISMISSED with prejudice. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 6/10/2024. (MEH) |
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| Tuesday, May 21, 2024 | ||
| 42 | 42
motion
Report and Recommendations
Tue 05/21 11:40 AM
REPORT AND RECOMMENDATIONS re 38 MOTION to Dismiss for Failure to State a Claim Amended Complaint filed by Higher Tech Realty, FL, LLC. THEREON it is Recommended that the motion be GRANTED. Signed by Magistrate Judge Daniel C. Irick on 5/21/2024. (JOR) |
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| Friday, April 26, 2024 | ||
| 41 | 41
order
Order on Motion to Amend / Correct / Modify / Supplement
Fri 04/26 10:26 AM
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(a) and (g) 40 "Opposed Plaintiffs' Motion for Leave to File a Second Amended Complaint." The motion contains neither a memorandum of law in support of the relief requested nor a certificate of conferral. Signed by Magistrate Judge Daniel C. Irick on 4/26/2024. (Irick, Daniel) |
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| Wednesday, April 17, 2024 | ||
| 40 | 40
motion
Amend / Correct / Modify / Supplement
Thu 04/18 8:25 AM
Opposed MOTION for Leave to File a Second Amended Complaint re37 Amended Complaint by Cesar Augusto Mendes da Silva. (e-portal)(AJS) |
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Att: 1
Second Amended Complaint
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| Monday, April 08, 2024 | ||
| 39 | 39
respm
Response in Opposition to Motion
Mon 04/08 11:56 AM
RESPONSE in Opposition re38 MOTION to Dismiss for Failure to State a Claim Amended Complaint filed by Cesar Augusto Mendes da Silva. (e-portal) (AJS) |
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| Monday, March 18, 2024 | ||
| 38 | 38
motion
Dismiss for Failure to State a Claim
Mon 03/18 7:14 AM
MOTION to Dismiss for Failure to State a Claim Amended Complaint by Higher Tech Realty, FL, LLC. (Wannos, Karly) |
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| Monday, March 11, 2024 | ||
| 37 | 37
cmp
Amended Complaint
Tue 03/12 1:37 PM
AMENDED COMPLAINT against Higher Tech Realty, FL, LLC with Jury Demand. filed by Cesar Augusto Mendes da Silva. (e-portal)(AJS) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Exhibit H,
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Att: 9
Exhibit I
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| Friday, February 23, 2024 | ||
| 36 | 36
motion
Reconsideration / Clarification
Mon 02/26 8:16 AM
Expedited MOTION for Reconsideration re34 Order on Report and Recommendations, Order on Motion to Dismiss for Failure to State a Claim by Cesar Augusto Mendes da Silva. (e-portal) (RPB) Modified on 2/26/2024 (RPB). (Chambers notified) |
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| 35 | 35
3
pgs
order
Order
Fri 02/23 5:08 PM
AMENDED ORDER: The Report and Recommendation 26 is ADOPTED and made a part of this Order. Defendant's Motion 2 is GRANTED in part and DENIED in part. Plaintiff's Complaint 1 is DISMISSED without prejudice. The Motion is otherwise DENIED. On or before March 11, 2024, Plaintiff may file an Amended Complaint that corrects the deficiencies set forth in the Report and Recommendation. Failure to do so will result in the closure of this case without further notice. Signed by Judge Carlos E. Mendoza on 2/23/2024. (RMF) |
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| Thursday, February 22, 2024 | ||
| 34 | 34
3
pgs
order
Order on Report and Recommendations Order on Motion to Dismiss / Failure to State a Claim
Thu 02/22 12:31 PM
ORDER: The Report and Recommendation 26 is ADOPTED and made a part of this Order. Defendant's Motion 2 is GRANTED in part and DENIED in part. Plaintiff's Complaint 1 is DISMISSED without prejudice. The Motion is otherwise DENIED. On or before February 22, 2024, Plaintiff may file an Amended Complaint that corrects the deficiencies set forth in the Report and Recommendation. Failure to do so will result in the closure of this case without further notice. Signed by Judge Carlos E. Mendoza on 2/22/2024. (RMF) |
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| Wednesday, February 21, 2024 | ||
| 33 | 33
order
Order on Motion to Intervene
Wed 02/21 11:00 AM
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) 32 "Expedited Plaintiff's Motion to Seek Court Intervention on Defendant's Discovery Requests," which the Court construes as a motion for protective order under Fed.R.Civ.P. 26(c) and a motion for an extension to provide mandatory initial disclosures under Fed.R.Civ.P. 26(a). A moving party must certify conferral pursuant to Local Rule 3.01(g). Signed by Magistrate Judge Daniel C. Irick on 2/21/2024. (Irick, Daniel) |
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| Tuesday, February 20, 2024 | ||
| 32 | 32
motion
Intervene
Wed 02/21 8:58 AM
Expedited MOTION to Seek Court Intervention on Defendant's Discovery requests by Cesar Augusto Mendes da Silva.(e-portal)(AJS) Modified on 2/21/2024 to edit docket text (AJS) |
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Att: 1
Exhibit Discovery Requests
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| Friday, February 16, 2024 | ||
| 31 | 31
order
Order on Motion to Withdraw
Fri 02/16 10:44 AM
ENDORSED ORDER granting 30 Motion to Withdraw Amended Complaint. The 29 Amended Complaint is withdrawn. The Clerk is directed to delete the document. Signed by Magistrate Judge Daniel C. Irick on 2/16/2024. (Irick, Daniel) |
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| Thursday, February 15, 2024 | ||
| 30 | 30
motion
Withdraw
Fri 02/16 9:35 AM
MOTION to Withdraw29 Amended Complaint by Cesar Augusto Mendes da Silva. (e-portal) (AJS) |
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| Tuesday, February 06, 2024 | ||
| 29 | 29
cmp
Amended Complaint
Wed 02/07 11:57 AM
AMENDED COMPLAINT against Higher Tech Realty, FL, LLC with Jury Demand. filed by Cesar Augusto Mendes da Silva. (e-portal)(AJS) |
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| Friday, January 26, 2024 | ||
| 28 | 28
order
Standing Order
Fri 01/26 2:07 PM
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (TNP) |
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| Thursday, January 25, 2024 | ||
| 27 | 27
order
Case Management Scheduling Order
Thu 01/25 3:38 PM
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 3/27/2024 Joinder of Parties due by 3/27/2024 Discovery due by 8/1/2025 Dispositive motions due by 9/2/2025 Pretrial statement due by 1/5/2026 All other motions due by 1/5/2026 Plaintiff disclosure of expert report due by 6/3/2025 Defendant disclosure of expert report due by 7/3/2025 Trial Status Conference set for 1/15/2026 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza Jury Trial set for February 2026 trial term in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Conduct mediation hearing by 8/15/2025. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 1/25/2024. (MEH) |
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| Wednesday, January 24, 2024 | ||
| 26 | 26
motion
Report and Recommendations
Wed 01/24 2:25 PM
REPORT AND RECOMMENDATIONS re 2 Motion to Dismiss Plaintiff's Complaint and Motion to Strike Plaintiff's Complaint filed by Higher Tech Realty, FL, LLC. It is RECOMMENDED that the Motion (Doc. 2) be GRANTED in part and DENIED in part, such that: 1. The Complaint (Doc. 1) be dismissed without prejudice as an impermissible shotgun pleading and Plaintiff be given leave to amend to remedy the deficiencies noted in this Report; and 2. Defendant's Motion (Doc. 2) be DENIED insofar as it requests striking paragraphs of the Complaint. Signed by Magistrate Judge Daniel C. Irick on 1/24/2024. (TNP) |
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| Thursday, January 11, 2024 | ||
| 25 | 25
misc
Case Management Report
Thu 01/11 5:20 PM
CASE MANAGEMENT REPORT. (Wannos, Karly) |
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| Monday, January 08, 2024 | ||
| 24 | 24
respm
Reply to Response to Motion
Mon 01/08 4:49 PM
REPLY to Response to Motion re2 MOTION to Dismiss for Failure to State a Claim filed by Higher Tech Realty, FL, LLC. (Wannos, Karly) |
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| Thursday, January 04, 2024 | ||
| 23 | 23
order
Order on Motion for Leave to File Document
Thu 01/04 1:58 PM
ENDORSED ORDER granting 21 Motion for Leave to File Reply, as unopposed. See Local Rule 3.01(c). On or before 1/8/2024, Defendant may file a seven-page reply in support of the 2 Motion to Dismiss. Signed by Magistrate Judge Daniel C. Irick on 1/4/2024. (Irick, Daniel) |
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| Tuesday, January 02, 2024 | ||
| 22 | 22
misc
Settlement/Trial report
Tue 01/02 10:08 AM
Joint SETTLEMENT/TRIAL report by Higher Tech Realty, FL, LLC. (Wannos, Karly) Modified to edit docket text on 1/2/2024 (HAI) |
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| Wednesday, December 13, 2023 | ||
| 21 | 21
respm
Reply to Response to Motion
Wed 12/13 9:20 AM
REPLY to Response to Motion re2 MOTION to Dismiss for Failure to State a Claim Motion for Leave filed by Higher Tech Realty, FL, LLC. (Wannos, Karly) |
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| Monday, December 11, 2023 | ||
| 20 | 20
order
Order on Motion for Leave to File Document
Mon 12/11 1:46 PM
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) 19 Motion for Leave to File Reply. Signed by Magistrate Judge Daniel C. Irick on 12/11/2023. (Irick, Daniel) |
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| 19 | 19
motion
Leave to File Amicus Brief / Document
Mon 12/11 9:09 AM
MOTION for Leave to File Reply to Response to2 MOTION to Dismiss for Failure to State a Claim filed by Higher Tech Realty, FL, LLC. (Wannos, Karly) Modified to covert to motion for leave to file on 12/11/2023 (AJS) |
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| Wednesday, December 06, 2023 | ||
| 18 | 18
respm
Response in Opposition to Motion
Thu 12/07 9:49 AM
RESPONSE in Opposition re2 MOTION to Dismiss for Failure to State a Claim filed by Cesar Augusto Mendes da Silva. (ARL) |
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| Thursday, November 30, 2023 | ||
| 17 | 17
1
pgs
order
Order to show cause
Thu 11/30 9:43 AM
ORDER to show cause. On or before December 7, 2023, Plaintiff shall file a response to the Motion or show cause in writing why this case should not be dismissed for failure to prosecute. Signed by Magistrate Judge Daniel C. Irick on 11/30/2023. (TNP) |
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| Monday, November 20, 2023 | ||
| 16 | 16
order
Order on Motion for Miscellaneous Relief
Mon 11/20 10:14 AM
ENDORSED ORDER finding as moot 14 Motion to Request E-Filing Access, as the Court already allows pro se persons to file electronically via an online portal available at: https://www.flmd.uscourts.gov/electronic-document-submission-web-portal. Plaintiff is cautioned that all motions must comply with the Local Rules of this Court, including Local Rules 1.08 and 3.01. Signed by Magistrate Judge Daniel C. Irick on 11/20/2023. (Irick, Daniel) |
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| Thursday, November 16, 2023 | ||
| 15 | 15
respoth
Answer to court interrogatories
Thu 11/16 3:52 PM
ANSWER to court interrogatories re:9 Case Management Scheduling Order by Cesar Augusto Mendes da Silva. (AJS) |
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| Monday, November 13, 2023 | ||
| 14 | 14
motion
Miscellaneous Relief
Tue 11/14 11:31 AM
MOTION for Miscellaneous Relief, specifically to request E-filing access by Cesar Augusto Mendes da Silva. (AJS) |
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| Monday, October 16, 2023 | ||
| 13 | 13
notice
Notice of a Related Action
Wed 10/18 11:12 AM
NOTICE of a related action per Local Rule 1.07(c) by Cesar Augusto Mendes da Silva. Related case(s): No (AJS) |
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| 12 | 12
misc
Corporate Disclosure Statement
Wed 10/18 11:11 AM
CORPORATE disclosure statement by Cesar Augusto Mendes da Silva. (AJS) |
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| Monday, October 09, 2023 | ||
| 11 | 11
misc
Corporate Disclosure Statement
Mon 10/09 1:00 PM
CORPORATE Disclosure Statement by Higher Tech Realty, FL, LLC. (Wannos, Karly) |
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| 10 | 10
notice
Notice of a Related Action
Mon 10/09 12:55 PM
NOTICE of a related action per Local Rule 1.07(c) by Higher Tech Realty, FL, LLC. Related case(s): No (Wannos, Karly) |
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| Friday, October 06, 2023 | ||
| 9 | 9
order
Case Management Scheduling Order
Fri 10/06 1:24 PM
FLSA SCHEDULING ORDER: By 10/27/2023 parties shall serve copies upon each other as stated in the order; By 12/15/2023 parties are to meet and confer; Answer to court interrogatories due by 11/17/2023; Settlement Report due by 1/4/2024. Signed by Magistrate Judge Daniel C. Irick on 10/6/2023. (TNP) |
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| Thursday, October 05, 2023 | ||
| 8 | 8
2
pgs
order
Order
Thu 10/05 1:26 PM
ORDER- This case is hereby referred to the Magistrate Judge for issuance of the FLSA Scheduling Order and management of the deadlines set forth therein. Signed by Judge Carlos E. Mendoza on 10/5/2023. (MEH) |
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| Monday, October 02, 2023 | ||
| 7 | 7
motion
Amend / Correct / Modify / Supplement
Mon 10/02 4:34 PM
SUPPLEMENT to2 MOTION to Dismiss for Failure to State a Claim by Higher Tech Realty, FL, LLC. (Wannos, Karly) Modified text on 10/2/2023 (TNP) |
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| 6 | 6
order
Order
Mon 10/02 2:56 PM
NOTICE TO COUNSEL AND PARTIES: The Orlando Division of the Middle District of Florida is currently operating in a Judicial Emergency due to a judicial vacancy and the number of cases in the division. Accordingly, civil cases, and especially newly filed civil cases, will be the Court's lowest priority unless emergency issues are presented. Counsel and the parties are encouraged to consider consenting to the Magistrate Judge for the entire case or disposition of any dispositive motions in order to have their case considered on a more timely basis. Signed by Judge Carlos E. Mendoza on 10/2/2023. (MEH) |
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| 5 | 5
order
Order
Mon 10/02 2:54 PM
NOTICE TO COUNSEL AND PARTIES: Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Carlos E. Mendoza on 10/2/2023. (MEH) |
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| 4 | 4
2
pgs
order
Order
Mon 10/02 2:51 PM
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 10/2/2023. (MEH) |
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| Wednesday, September 27, 2023 | ||
| 3 | 3
utility
Case Assigned/Reassigned
Wed 09/27 5:00 PM
NEW CASE ASSIGNED to Judge Carlos E. Mendoza and Magistrate Judge Daniel C. Irick. New case number: 6:23-cv-01862-CEM-DCI. (AM) |
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| 2 | 2
motion
Dismiss for Failure to State a Claim
Wed 09/27 1:49 PM
MOTION to Dismiss for Failure to State a Claim by Higher Tech Realty Fl LLC d/b/a Mark Spain Real Estate. (Wannos, Karly) |
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| 1 | 1
notice
Notice of Removal
Wed 09/27 1:43 PM
COMPLAINT and NOTICE OF REMOVAL from Orange County, Florida Circuit Court, case number 2023-CA-011800-O filed in State Court on April 30, 2023. Filing fee $402, receipt number AFLMDC-21296243 filed by Higher Tech Realty Fl LLC d/b/a Mark Spain Real Estate.(Wannos, Karly) |
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Att: 1
State Court COMPLAINT,
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Att: 2
State Court Docket Sheet,
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Att: 3
Civil Cover Sheet,
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Att: 4
State Court Other Documents
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