Flores v. Dosal Tobacco Corporation
| Florida Southern District Court | |
| Judge: | K Michael Moore |
| Referred: | Marty Fulgueira Elfenbein |
| Case #: | 1:25-cv-21101 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 15:0002 Fair Labor Standards Act |
| Case Filed: | Mar 10, 2025 |
| Last checked: Friday Apr 25, 2025 6:44 AM EDT |
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Defendant
Dosal Tobacco Corporation
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Represented By
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Plaintiff
Hairo Flores
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Represented By
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| Docket last updated: 87 minutes ago |
| Tuesday, April 29, 2025 | ||
| 16 | 16
notice
Notice (Other)
Tue 04/29 1:16 PM
NOTICE OF AVAILABILITY FOR SETTLEMENT CONFERENCE by Hairo Flores re 7 Order,,,, (Palma, Zandro) |
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| Monday, April 28, 2025 | ||
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cmp
Amended Complaint/Amended Notice of Removal
Mon 04/28 8:35 PM
First AMENDED COMPLAINT against Dosal Tobacco Corporation, filed by Hairo Flores.(Palma, Zandro) |
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| Monday, April 14, 2025 | ||
| 14 | 14
notice
Notice of Attorney Appearance
Mon 04/14 5:35 PM
NOTICE of Attorney Appearance by Robert Jordan Richardson on behalf of Dosal Tobacco Corporation. Attorney Robert Jordan Richardson added to party Dosal Tobacco Corporation(pty:dft). (Richardson, Robert) |
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notice
Notice of Attorney Appearance
Mon 04/14 5:27 PM
NOTICE of Attorney Appearance by Patricia Melville Suarez on behalf of Dosal Tobacco Corporation. Attorney Patricia Melville Suarez added to party Dosal Tobacco Corporation(pty:dft). (Suarez, Patricia) |
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| 12 | 12
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Mon 04/14 4:31 PM
Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Dosal Tobacco Corporation (Suarez, Luis) |
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| 11 | 11
motion
Dismiss for Failure to State a Claim
Mon 04/14 4:23 PM
Defendant's MOTION TO DISMISS1 Complaint FOR FAILURE TO STATE A CLAIM by Dosal Tobacco Corporation. Attorney Luis Eduardo Suarez added to party Dosal Tobacco Corporation(pty:dft). Responses due by 4/28/2025. (Suarez, Luis) |
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| Thursday, April 10, 2025 | ||
| 10 | 10
service
Summons (Affidavit) Returned Executed
Thu 04/10 4:11 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Hairo Flores. Dosal Tobacco Corporation served on 3/24/2025, response/answer due 4/14/2025. (Palma, Zandro) |
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| Friday, March 21, 2025 | ||
| 9 | 9
misc
Statement
Fri 03/21 5:50 PM
Statement of: Claim by Hairo Flores re 5 Pretrial Order,,,,,,,,,,,,,,,,,,,,,,,,,,, (Palma, Zandro) |
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| Monday, March 17, 2025 | ||
| 7 | 7
order
- Order (PAPERLESS or pdf attached)
Mon 03/17 4:51 AM
PAPERLESS ORDER upon referral for Settlement Conference. This case has been referred to me for a settlement conference. Counsel for the Parties are hereby ORDERED to meet and confer to determine possible dates on which to conduct the settlement conference in accordance with the District Court's Paperless Notice of Court Practice in Fair Labor Standards Act Cases and Referral to Magistrate Judge for Settlement Conference ("Notice of Court Practice"). Within fifteen (15) days of the appearance of Defendant, Plaintiff's counsel shall file a Notice identifying three (3) mutually agreed-upon dates for a settlement conference in accordance with the District Court's Notice of Court Practice, ECF No. 5 . Following the submission of proposed dates, I will enter an order setting the settlement conference. It is incumbent upon Plaintiff to timely seek any extension of time to conduct a settlement conference, in the event the Defendant has not entered an appearance prior to the deadline to conduct a settlement conference. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/17/2025. (MFE) |
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| Friday, March 14, 2025 | ||
| 8 | 8
order
- Order (PAPERLESS or pdf attached)
Mon 03/17 9:12 AM
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/14/2025. See attached document for full details. (nan) |
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| Tuesday, March 11, 2025 | ||
| 6 | 6
order
Order Referring Case to Magistrate Judge
Tue 03/11 1:34 PM
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 3/11/2025. (gbn) |
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order
Pretrial Order
Tue 03/11 1:30 PM
PAPERLESS NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES SUPERSEDING PAPERLESS PRETRIAL ORDER (ECF No. 4) AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. This is a Fair Labor Standards Act case in which Plaintiff seeks unpaid wages. In order to assist the Court in the management of the case, and in an effort to foster its early and cost effective resolution, the Parties are hereby ordered that: 1. Plaintiff shall file a Statement of Claim (the Statement) setting forth the amount of alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g., overtime or regular) within twenty (20) days from the date of this Notice. Plaintiff shall promptly serve a copy of this Notice, the Statement, and copies of all documents supporting Plaintiff's claims (e.g., time sheets, pay stubs, etc.), on Defendant's counsel when counsel for Defendant first appears in the case or at the time of filing if Defendant's counsel has already appeared. The Statement shall include all attorney's fees and costs incurred to date. With respect to attorney's fees, provide the hourly rate sought and the number of hours expended by each person billing time. 2. Defendant shall file a Response within fifteen (15) days of receiving service of Plaintiff's statement. This Response shall set forth in detail Defendant's defenses to Plaintiff's claims. Defendant shall serve copies of all documents in support thereof on Plaintiff. 3. Referral to Magistrate for Settlement Conference. Pursuant to Rule 1 of the Magistrate Judge Rules of the Southern District of Florida, the Parties shall conduct a Settlement Conference before Magistrate Judge Marty Fulgueira Elfenbein within twenty (20) days after the date that Defendant's Response is due. Plaintiff's counsel must confer with defense counsel and contact the Chambers of Magistrate Judge Marty Fulgueira Elfenbein on, or before, the date that Defendant's Response is due to schedule a date for the Settlement Conference. The Settlement Conference date may not be extended without prior approval from Magistrate Judge Elfenbein. Absent an extension from Magistrate Judge Elfenbein, the Parties shall complete their Settlement Conference within fifty-five (55) days of this Notice. If the Parties reach an agreement during the Settlement Conference the Parties shall file the agreement with the undersigned within five (5) days of the Settlement Conference. If the Parties wish to file the settlement agreement as a sealed document, they must file a Motion to Seal that provides compelling reasons for the Court to allow them to do so. See Brown v. Advantage Eng'g, Inc., 960 F.2d 1013, 1016 (11th Cir. 1992) ("If a settlement agreement is filed with the court for approval or interpretation, then the parties must demonstrate extraordinary circumstances in order to deny the public access to the agreement."); see also Hanson v. Wells Fargo Bank, N.A., No. 08-80182 CIV, 2009 WL 1490582, at *1 (S.D. Fla. May 26, 2009) ("'[A] business's general interest in keeping its legal proceedings private does not overcome the presumption of openness' in FLSA cases.") (citing Stalnaker v. Novar Corp., 293 F. Supp. 2d 1260, 1264 (M.D. Ala. 2003)). The undersigned will review the agreement and determine whether it is a fair and reasonable resolution of a bona fide dispute over FLSA issues. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982). If the Court approves the settlement, the Court will enter a final order of dismissal with prejudice. If no settlement is reached, the Parties shall file a Joint Scheduling Report within fourteen (14) days after the Settlement Conference. 4. Except as provided under Local Rule 16.2.E for public-sector entities, the appearance of counsel and each party, or representatives of each party with full authority to enter into a full and complete compromise and settlement, is mandatory. Appearance shall be in person; telephonic appearance is prohibited. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the settlement conference shall be confidential and privileged. Nothing disclosed in the settlement conference can be used for any purpose except settlement. 6. Settlement. If this case is settled, counsel must inform the Court within three (3) days by calling Chambers. 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. Non-compliance with any provision of this Order, the Federal Rules of Civil Procedure, and/or the Local Rules of Court, may subject the offending party to sanctions or dismissal. It is the duty of all counsel to take all actions necessary to comply with this Order to ensure an expeditious resolution of this matter. Signed by Judge K. Michael Moore on 3/11/2025. (gbn) |
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| 4 | 4
order
Pretrial Order
Tue 03/11 1:26 PM
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 3/11/2025. (gbn) |
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| Monday, March 10, 2025 | ||
| 3 | 3
service
Summons Issued
Mon 03/10 4:05 PM
Summons Issued as to Dosal Tobacco Corporation. (ksr) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Mon 03/10 4:03 PM
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. (ksr) |
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7
pgs
cmp
Complaint
Mon 03/10 11:48 AM
COMPLAINT against Dosal Tobacco Corporation. Filing fees $ 405.00 receipt number AFLSDC-18268140, filed by Hairo Flores.(Palma, Zandro) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summon(s)
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