Case details

Court: flmd
Docket #: 2:15-cv-00272
Case Name: Tooker v. Scott
PACER case #: 310125
Date filed: 2015-05-01
Assigned to: Judge Sheri Polster Chappell
Referred to: Magistrate Judge Carol Mirando
Case Cause: 29:201 Fair Labor Standards Act
Nature of Suit: 710 Labor: Fair Standards
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Jennifer Tooker
Plaintiff
an individual		 
Benjamin H. Yormak
Yormak Disability Law Group
9990 Coconut Rd Ste 206
Bonita Springs, FL 34135
239-985-9691
Fax: 239-288-2534
Email: byormak@yormaklaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Bill B. Berke
Berke Law Firm, PA
4223 Del Prado Blvd. S.
Cape Coral, FL 33904
239/549-6689
Fax: 239/549-3331
Email: Berkelaw@yahoo.com
TERMINATED: 06/05/2015
LEAD ATTORNEY
Michael Scott
Defendant
as the duly elected Sheriff of Lee County, Florida		 
David J. Stefany
Allen, Norton & Blue, PA
Suite 225
324 S Hyde Pk Ave
Tampa, FL 33606
813/251-1210
Fax: 813/253-2006
Email: dstefany@anblaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Nicolette Laleh Bidarian
Allen, Norton & Blue, PA
Suite 225
324 S Hyde Pk Ave
Tampa, FL 33606
(813) 251-1210
Fax: (813) 253-2006
Email: NBidarian@anblaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2015-05-01 1 0 COMPLAINT against Mike Scott (Filing fee $ 400 receipt number FTM007703) filed by Jennifer Tooker. (Attachments: # 1 Civil Cover Sheet)(RMT) (Entered: 05/04/2015)
2015-05-04 2 0 SUMMONS issued as to Mike Scott. (drn) (Entered: 05/04/2015)
2015-05-04 3 0 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 5/4/2015. (drn) (Entered: 05/04/2015)
2015-05-19 4 0 RETURN of service executed on 5/11/2015 by Jennifer Tooker as to Mike Scott. (Berke, Bill) (Entered: 05/19/2015)
2015-05-20 5 0 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 6/3/2015. Signed by Judge Sheri Polster Chappell on 5/20/2015. (WRW) (Entered: 05/20/2015)
2015-05-20 6 0 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 6/3/2015. Signed by All Divisional Judges on 5/20/2015. (WRW) (Entered: 05/20/2015)
2015-05-28 7 0 NOTICE of Appearance by David J. Stefany on behalf of Mike Scott (Stefany, David) (Entered: 05/28/2015)
2015-05-28 8 0 NOTICE of Appearance by Nicolette Laleh Bidarian on behalf of Mike Scott (Bidarian, Nicolette) (Entered: 05/28/2015)
2015-05-28 9 0 ANSWER and affirmative defenses to 1 Complaint by Mike Scott.(Stefany, David) (Entered: 05/28/2015)
2015-05-28 10 0 INTERESTED PERSONS ORDER as to Mike Scott. Certificate of interested persons and corporate disclosure statement due by 6/11/2015. Signed by All Divisional Judges on 5/28/2015. (drn) (Entered: 05/28/2015)
2015-05-29 11 0 NOTICE of pendency of related cases re 6 Related case order and track 2 notice per Local Rule 1.04(d) by Mike Scott. Related case(s): No (Stefany, David) (Entered: 05/29/2015)
2015-05-29 12 0 CERTIFICATE of interested persons and corporate disclosure statement re 10 Interested persons order by Mike Scott. (Stefany, David) (Entered: 05/29/2015)
2015-05-29 13 0 FLSA SCHEDULING ORDER. By 6/19/2015 parties shall serve copies upon each other as stated in the order; By 8/7/2015 parties are to meet and confer; Answer to court interrogatories due by 7/10/2015, Settlement Report due by 8/27/2015. Signed by Judge Sheri Polster Chappell on 5/29/2015. (LMF) (Entered: 05/29/2015)
2015-06-01 14 0 NOTICE of pendency of related cases re 6 Related case order and track 2 notice per Local Rule 1.04(d) by Jennifer Tooker. Related case(s): no (Berke, Bill) (Entered: 06/01/2015)
2015-06-01 15 0 CERTIFICATE of interested persons and corporate disclosure statement re 5 Interested persons order by Jennifer Tooker. (Berke, Bill) (Entered: 06/01/2015)
2015-06-04 16 0 NOTICE of Appearance by Benjamin H. Yormak on behalf of Jennifer Tooker (Yormak, Benjamin) (Entered: 06/04/2015)
2015-06-04 17 0 STIPULATION to Substitute Counsel by Jennifer Tooker. (Yormak, Benjamin) (Entered: 06/04/2015)
2015-06-04 18 0 CERTIFICATE of interested persons and corporate disclosure statement re 5 Interested persons order by Jennifer Tooker. (Yormak, Benjamin) (Entered: 06/04/2015)
2015-06-05 19 0 ENDORSED ORDER The Clerk is directed to substitute the attorney for Plaintiff in accordance with Doc. 17 , and thus terminate Bill B. Berke, Esq. from this docket so that he no longer receives CMECF emails related to this docket. Signed by Judge Sheri Polster Chappell on 6/5/2015. (AFR) (Entered: 06/05/2015)
2015-06-08 20 0 NOTICE by Jennifer Tooker of Attorney's Charging Lien (Berke, Bill) (Entered: 06/08/2015)
2015-06-09 21 0 NOTICE of compliance re 13 FLSA scheduling order with deadlines by Mike Scott (Bidarian, Nicolette) (Entered: 06/09/2015)
2015-06-12 22 0 NOTICE of compliance re 13 FLSA scheduling order with deadlines by Jennifer Tooker (Yormak, Benjamin) (Entered: 06/12/2015)
2015-06-24 23 0 Unopposed MOTION to Amend/Correct 1 Complaint by Jennifer Tooker. (Attachments: # 1 Exhibit A)(Yormak, Benjamin) (Entered: 06/24/2015)
2015-06-29 24 0 ORDER granting 23 Plaintiff's Unopposed Motion to Amend Complaint. The Clerk is directed to file the amended complaint (Doc. #23-1) on the docket. Signed by Judge Sheri Polster Chappell on 6/29/2015. (LMF) (Entered: 06/29/2015)
2015-06-29 25 0 AMENDED COMPLAINT against Michael Scott with Jury Demand filed by Jennifer Tooker. Related document: 1 Complaint filed by Jennifer Tooker.(drn) (Entered: 06/30/2015)
2015-07-07 26 0 ANSWER to court interrogatories re: 13 FLSA scheduling order with deadlines by Jennifer Tooker. (Yormak, Benjamin) (Entered: 07/07/2015)
2015-07-09 27 0 ANSWER and affirmative defenses to 25 Amended Complaint by Michael Scott.(Stefany, David) (Entered: 07/09/2015)
2015-08-25 28 0 JOINT SETTLEMENT/TRIAL report by Michael Scott. (Stefany, David) (Entered: 08/25/2015)
2015-08-25 29 0 CASE MANAGEMENT REPORT. (Stefany, David) (Entered: 08/25/2015)
2015-10-26 30 0 NOTICE of hearing: Preliminary Pretrial Conference set for 11/16/2015 at 02:45 PM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Any motion or other filing pertaining to the Preliminary Pretrial Conference must be filed (3) three business days in advance of the hearing to ensure consideration. Any motion or other filing that is filed outside of this time will only be considered if good cause is shown for its late filing.(LMF) (Entered: 10/26/2015)
2015-11-11 31 0 Unopposed MOTION to Appear Telephonically at Preliminary Pretrial Conference by Michael Scott. (Stefany, David) Motions referred to Magistrate Judge Carol Mirando. (Entered: 11/11/2015)
2015-11-12 32 0 ENDORSED ORDER granting 31 Defendant's Unopposed Motion to Appear Telephonically at Preliminary Pretrial Conference. Plaintiff's counsel may appear by telephone at the preliminary pretrial conference on November 16, 2015 at 2:45 p.m. Counsel is directed to contact Leslie Friedmann, Courtroom Deputy, at 239-461-2068 or Leslie_M_Friedmann@flmd.uscourts.gov to obtain instructions regarding telephonic appearance. Signed by Magistrate Judge Carol Mirando on 11/12/2015. (LS) (Entered: 11/12/2015)
2015-11-16 33 0 Minute Entry. Proceedings held before Judge Sheri Polster Chappell: PRELIMINARY PRETRIAL CONFERENCE held on 11/16/2015. Court Reporter: Lori L. Bundy (LMF) (Entered: 11/16/2015)
2015-11-16 34 0 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 7/1/2016, Dispositive motions due by 8/1/2016, Pretrial statement due by 10/28/2016, All other motions due by 10/28/2016, Plaintiff disclosure of expert report due by 5/1/2016, Defendant disclosure of expert report due by 6/1/2016, Final Pretrial Conference set for 11/18/2016 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Jury Trial set for trial term beginning 12/5/2016 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell., Conduct mediation hearing by 7/22/2016. Lead counsel to coordinate dates. Signed by Judge Sheri Polster Chappell on 11/16/2015. (LMF) (Entered: 11/16/2015)
2016-06-02 35 0 Joint MOTION to extend time to for certain deadlines set forth by the Case Management and Scheduling Order by Michael Scott. (Bidarian, Nicolette) Motions referred to Magistrate Judge Carol Mirando. (Entered: 06/02/2016)
2016-06-09 36 0 ENDORSED ORDER granting 35 Joint Motion to Extend Deadlines. For good cause shown, the motion is granted. An amended Case Management and Scheduling Order will be entered under separate cover. Signed by Magistrate Judge Carol Mirando on 6/9/2016. (LS) (Entered: 06/09/2016)
2016-06-13 37 0 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 7/15/2016, Dispositive motions due by 8/19/2016, Pretrial statement due by 12/21/2016, All other motions due by 12/21/2016, Final Pretrial Conference set for 1/27/2017 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Trial term set for 2/6/2017 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell., Conduct mediation hearing by 8/31/2016. Lead counsel to coordinate dates. Signed by Magistrate Judge Carol Mirando on 6/13/2016. (WRW) (Entered: 06/13/2016)
2016-07-07 38 0 NOTICE of mediation conference/hearing to be held on August 29, 2016 at 9:00 A.M. before Denise Wheeler, Esq.. (Yormak, Benjamin) (Entered: 07/07/2016)
2016-08-19 39 0 MOTION for summary judgment by Michael Scott. (Attachments: # 1 Affidavit of Major William Kalstrom, # 2 Affidavit of Dawn Heikkila, # 3 Affidavit of Cari Turner, # 4 Affidavit of Traci Estep)(Bidarian, Nicolette) (Entered: 08/19/2016)
39 1 Affidavit of Major William Kalstrom
39 2 Affidavit of Dawn Heikkila
39 3 Affidavit of Cari Turner
39 4 Affidavit of Traci Estep
2016-08-19 40 0 DEPOSITION of Jennifer Tooker taken on April 22, 2016 re 39 MOTION for summary judgment by Michael Scott. . (Attachments: # 1 Exhibit Tooker Depo Exs 1-16, # 2 Exhibit Tooker Depo Exs 17-26)(Bidarian, Nicolette) (Entered: 08/19/2016)
2016-08-22 41 0 SUMMARY JUDGMENT NOTICE re 39 MOTION for summary judgment (drn) (Entered: 08/22/2016)
2016-08-24 42 0 NOTICE by Michael Scott re 39 MOTION for summary judgment (Attachments: # 1 Affidavit & Exhibit of William Kalstrom (verified))(Bidarian, Nicolette) (Entered: 08/24/2016)
2016-08-24 43 0 AMENDED NOTICE of mediation conference/hearing to be held on August 29, 2016 at 9:30 A.M. before Denise Wheeler, Esq.. (Yormak, Benjamin) Modified on 8/24/2016 to edit docket text (drn). (Entered: 08/24/2016)
2016-08-31 44 0 MEDIATION report Hearing held on August 29, 2016. Hearing outcome: Impasse.. (Wheeler, Denise) (Entered: 08/31/2016)
2016-08-31 45 0 Unopposed MOTION for Extension of Time to File Response/Reply as to 39 MOTION for summary judgment by Jennifer Tooker. (Yormak, Benjamin) Motions referred to Magistrate Judge Carol Mirando. (Entered: 08/31/2016)
2016-09-02 46 0 ORDER granting 45 Plaintiff's Unopposed Motion for Enlargement of Time to Respond to Defendant's Motion for Summary Judgment and Incorporated Memorandum of Law. For good cause shown, Plaintiff shall have up to and including September 23, 2016 within which to respond to Defendant's motion for summary judgment (Doc. 39 ). The Court also will sua sponte continue the trial term to March 6, 2017. An amended case management and scheduling order will be issued under separate cover. Signed by Magistrate Judge Carol Mirando on 9/2/2016.(LS) (Entered: 09/02/2016)
2016-09-06 47 0 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 2/3/2017, All other motions due by 2/3/2017, Final Pretrial Conference set for 2/24/2017 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Trial term set for 3/6/2017 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Signed by Magistrate Judge Carol Mirando on 9/6/2016. (WRW) (Entered: 09/06/2016)
2016-09-22 48 0 MOTION for Leave to File Excess Pages in Response to Defendant's Motion for Summary Judgment (Time Sensitive) by Jennifer Tooker. (Yormak, Benjamin) (Entered: 09/22/2016)
2016-09-23 49 0 RESPONSE in Opposition re 39 MOTION for summary judgment and incorporated memorandum of law filed by Jennifer Tooker. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30)(Yormak, Benjamin) (Entered: 09/23/2016)
49 1 Exhibit 1
49 2 Exhibit 2
49 3 Exhibit 3 2016-11-08 08:43:39 d3a18c24fc935af8a60fad3f6e31555bb2a1a7de
49 4 Exhibit 4
49 5 Exhibit 5
49 6 Exhibit 6
49 7 Exhibit 7
49 8 Exhibit 8
49 9 Exhibit 9
49 10 Exhibit 10
49 11 Exhibit 11
49 12 Exhibit 12
49 13 Exhibit 13
49 14 Exhibit 14
49 15 Exhibit 15
49 16 Exhibit 16
49 17 Exhibit 17
49 18 Exhibit 18
49 19 Exhibit 19
49 20 Exhibit 20
49 21 Exhibit 21
49 22 Exhibit 22
49 23 Exhibit 23
49 24 Exhibit 24
49 25 Exhibit 25
49 26 Exhibit 26
49 27 Exhibit 27
49 28 Exhibit 28
49 29 Exhibit 29
49 30 Exhibit 30
2016-09-27 50 0 ENDORSED ORDER retroactively granting Plaintiff's Motion for Leave to File Excess Pages [Doc. 48] filed on September 22, 2016. Signed by Judge Sheri Polster Chappell on 9/27/2016. (RPF) (Entered: 09/27/2016)
2016-09-27 51 0 MOTION to Strike 49 Response in Opposition to Motion for Summary Judgment by Michael Scott. (Attachments: # 1 Exhibit)(Bidarian, Nicolette) (Entered: 09/27/2016)
2016-10-11 52 0 RESPONSE in Opposition re 51 MOTION to Strike 49 Response in Opposition to Motion for Summary Judgment and incorporated memorandum of law filed by Jennifer Tooker. (Attachments: # 1 Exhibit 1)(Yormak, Benjamin) (Entered: 10/11/2016)
2016-10-13 53 0 NOTICE of supplemental authority re 39 MOTION for summary judgment by Jennifer Tooker. (Yormak, Benjamin) (Entered: 10/13/2016)
2016-10-27 54 0 ORDER denying 51 Defendant's Motion to Strike. Signed by Judge Sheri Polster Chappell on 10/27/2016. (LMF) (Entered: 10/27/2016)
2016-10-28 55 0 ORDER denying 39 Defendant Michael Scott's Motion for Summary Judgment. Signed by Judge Sheri Polster Chappell on 10/28/2016. (LMF) (Entered: 10/28/2016)