Rodriguez v. Pressure Cleaning Service Enterprise, Inc. et al
| Florida Southern District Court | |
| Judge: | Kathleen M Williams |
| Referred: | Jonathan Goodman |
| Case #: | 1:24-cv-22392 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:0201 Fair Labor Standards Act |
| Case Filed: | Jun 20, 2024 |
| Last checked: Friday Jun 21, 2024 1:13 AM EDT |
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Defendant
Kenia Buriel
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Represented By
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Defendant
Pressure Cleaning Service Enterprise, Inc.
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Represented By
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Plaintiff
Miguel Rodriguez
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| Docket last updated: 06/30/2024 11:59 PM EDT |
| Friday, June 28, 2024 | ||
| 13 | 13
order
Order Striking ~Util - Set/Reset Deadlines
Fri 06/28 1:34 PM
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte . Defendants filed a Notice of Removal (DE1 ) pursuant to 28 U.S.C. § 1441 on June 20, 2024, and subsequently filed a Motion to Dismiss Counts II and III of Plaintiff's Complaint (DE4 ) on June 24, 2024. In response, Plaintiff filed a Amended Notice of Voluntary Dismissal dismissing Counts II and III of his Complaint (DE 12-2) pursuant to Federal Rule of Civil Procedure 41(a). However, in Rosell v. VMSB , the United States Court of Appeals for the Eleventh Circuit affirmed that Federal Rule of Civil Procedure 41(a) does not permit parties to dismiss only particular claims within an action. 67 F.4th 1141, 1143-44 (11th Cir. 2023) (citing In re Esteva , 60 F.4th 664, 667 (11th Cir. 2023)). Accordingly, it is ORDERED AND ADJUDGED that Plaintiff's Amended Notice of Voluntary Dismissal (DE10 ) is STRICKEN and Plaintiff shall file a first amended complaint, which shall only amend Count II and III of Plaintiff's Complaint, WITHIN FIVE (5) DAYS of the date of this Order. See Rosell , 67 F.4th at 1144. Signed by Judge Kathleen M. Williams on 6/28/2024. (bja) |
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| Thursday, June 27, 2024 | ||
| 12 | 12
notice
Notice (Other)
Thu 06/27 3:09 PM
Defendant's NOTICE of Filing by Kenia Buriel, Pressure Cleaning Service Enterprise, Inc. (Smukler, Aron) |
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Att: 1
Exhibit Civil Cover Sheet,
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Att: 2
Exhibit Complaint,
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Att: 3
Exhibit Summons Filed,
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Att: 4
Exhibit Summons Issued,
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Att: 5
Exhibit Notice of Removal to Federal Court
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| Wednesday, June 26, 2024 | ||
| 11 | 11
notice
Notice of Attorney Appearance
Wed 06/26 11:30 AM
NOTICE of Attorney Appearance by Juliana Gonzalez on behalf of Miguel Rodriguez. Attorney Juliana Gonzalez added to party Miguel Rodriguez(pty:pla). (Gonzalez, Juliana) |
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| Tuesday, June 25, 2024 | ||
| 10 | 10
notice
Notice of Voluntary Dismissal - aty
Tue 06/25 3:12 PM
NOTICE of Voluntary Dismissal (Amended) by Miguel Rodriguez (McGuinness, Lawrence) |
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| 9 | 9
notice
Notice of Striking
Tue 06/25 3:11 PM
NOTICE of Striking8 Notice of Voluntary Dismissal filed by Miguel Rodriguez by Miguel Rodriguez (McGuinness, Lawrence) |
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| 8 | 8
notice
Notice of Voluntary Dismissal - aty
Tue 06/25 2:18 PM
NOTICE of Voluntary Dismissal without prejudice by Miguel Rodriguez (McGuinness, Lawrence) |
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| 7 | 7
notice
Notice of Attorney Appearance
Tue 06/25 12:24 PM
NOTICE of Attorney Appearance by Aron Smukler on behalf of Kenia Buriel, Pressure Cleaning Service Enterprise, Inc.. Attorney Aron Smukler added to party Kenia Buriel(pty:dft), Attorney Aron Smukler added to party Pressure Cleaning Service Enterprise, Inc.(pty:dft). (Smukler, Aron) |
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| Monday, June 24, 2024 | ||
| 6 | 6
order
- Order (PAPERLESS or pdf attached)
Mon 06/24 4:26 PM
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 6/24/2024. See attached document for full details. (fbn) |
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| 5 | 5
order
Order Referring Motion
Mon 06/24 2:24 PM
PAPERLESS ORDER REFERRING MOTION. THIS MATTER is before the Court sua sponte . Pursuant to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Defendants' Motion to Dismiss (DE4 ) is REFERRED to United States Magistrate Judge Jonathan Goodman for a report and recommendation. Signed by Judge Kathleen M. Williams on 6/24/2024. (bja) |
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| 4 | 4
motion
Dismiss for Failure to State a Claim
Mon 06/24 12:21 PM
MOTION TO DISMISS1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM as to Counts II and III by Kenia Buriel, Pressure Cleaning Service Enterprise, Inc.. Responses due by 7/8/2024. (Amit, Adi) |
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| Friday, June 21, 2024 | ||
| 3 | 3
order
Notice of Court Practice/to Appear/Other Order Referring Case to Magistrate Judge
Fri 06/21 1:17 PM
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN REMOVAL CASES. Magistrate Judge Jonathan Goodman for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 6/21/2024. See attached document for full details. (ebz) |
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| Thursday, June 20, 2024 | ||
| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Fri 06/21 8:54 AM
Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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) |
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| 1 | 1
cmp
Notice of Removal (State Court Complaint)
Thu 06/20 9:14 PM
NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 405.00 receipt number AFLSDC-17621508, filed by Kenia Buriel, Pressure Cleaning Service Enterprise, Inc..(Amit, Adi) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit A - State Court Summon and Complaint,
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Att: 3
Exhibit B - Docket Sheet and Affidavit of Service
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