| Court: | flsd |
| Docket #: | 1:16-cv-22905 |
| Case Name: | McGraw-Fuertes v. Dried Ingredients, LLC et al |
| PACER case #: | 488318 |
| Date filed: | 2016-07-05 |
| Assigned to: | Judge Darrin P. Gayles |
| Referred to: | Magistrate Judge William C. Turnoff |
| Case Cause: | 29:0201 Fair Labor Standards Act |
| Nature of Suit: | 710 Labor: Fair Standards |
| Jury Demand: | Defendant |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Dana McGraw-Fuertes Plaintiff |
William Thomas Brady , Jr. Todd William Shulby |
| Dried Ingredients, LLC Defendant |
Elizabeth Brady Hitt |
| Armin Dilles Defendant |
Elizabeth Brady Hitt |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2016-07-05 | 1 | 0 | COMPLAINT against Armin Dilles, Dried Ingredients, LLC. Filing fees $ 400.00 receipt number 113C-8887889, filed by Dana McGraw-Fuertes. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s))(Shulby, Todd) (Entered: 07/05/2016) | |||
| 2016-07-05 | 2 | 0 | Judge Assignment to Judge Darrin P. Gayles (bb) (Entered: 07/06/2016) | |||
| 2016-07-05 | 3 | 0 | Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge William C. Turnoff is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (bb) (Entered: 07/06/2016) | |||
| 2016-07-06 | 4 | 0 | Summons Issued as to Armin Dilles, Dried Ingredients, LLC. (bb) (Entered: 07/06/2016) | |||
| 2016-07-06 | 5 | 0 | NOTICE OF COURT PRACTICE. The Complaint in this action is filed under the Fair Labor Standards Act, 29 U.S.C. ยง 201 et seq. ("FLSA"). In order to assist the Court in the management of this case, and in an effort to foster early and cost-effective resolution, the parties are ORDERED to comply with the following procedures: Under Rule 8 of the Federal Rules of Civil Procedure, a plaintiff is required to state a "short and plain statement of the claim." While this Rule places only a light burden on a plaintiff, the Court requires complaints filed under the FLSA to include, at a minimum, a statement setting forth the following with respect to each Plaintiff(s): (a) An initial estimate of the total amount of alleged unpaid wages; (b) A preliminary calculation of such wages; (c) The approximate period during which the alleged FLSA violations occurred; and (d) The nature of the wages (e.g., overtime or straight time). Plaintiff is directed to file a "Statement of Claim" by 7/27/2016. Plaintiff shall promptly serve a copy of this Order, the Statement of Claim, and copies of all supporting documents (including time sheets, pay stubs, etc.) upon counsel for Defendant(s) once an appearance has been made or at the time the Statement of Claim is filed (if defense counsel has already appeared). Defendant(s) shall then file a "Response to Plaintiff's Statement of Claim" setting forth in detail any defenses to Plaintiff's claim(s) and serve copies of all supporting documents within twenty (20) days of being served with Plaintiff's Statement of Claim. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the dismissal of this action or entry of default. NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. Signed by Judge Darrin P. Gayles on 7/6/2016. (zvr) (Entered: 07/06/2016) | |||
| 2016-07-11 | 6 | 0 | Statement of: the Claim by Dana McGraw-Fuertes re 5 Notice of Court Practice,,,,,,,, (Shulby, Todd) (Entered: 07/11/2016) | |||
| 2016-08-04 | 7 | 0 | NOTICE of Attorney Appearance by Elizabeth Brady Hitt on behalf of Armin Dilles, Dried Ingredients, LLC. Attorney Elizabeth Brady Hitt added to party Armin Dilles(pty:dft), Attorney Elizabeth Brady Hitt added to party Dried Ingredients, LLC(pty:dft). (Hitt, Elizabeth) (Entered: 08/04/2016) | |||
| 2016-08-04 | 8 | 0 | Defendants' ANSWER and Affirmative Defenses to Complaint with Jury Demand by Armin Dilles, Dried Ingredients, LLC. (Hitt, Elizabeth) (Entered: 08/04/2016) | |||
| 2016-08-04 | 9 | 0 | ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT. Pursuant to Local Rule 16.1, on or before 8/19/2016, the parties shall prepare and file a joint scheduling report and a proposed scheduling order, adhering to the format and guidance of the attached sample. The parties shall also file Certificates of Interested Parties and Corporate Disclosure Statements. Failure to comply with this Order shall be grounds for dismissal. Signed by Judge Darrin P. Gayles on 8/4/2016. (zvr) (Entered: 08/04/2016) | |||
| 2016-08-05 | 10 | 0 | NOTICE of Compliance by Dana McGraw-Fuertes re 5 Notice of Court Practice,,,,,,,, (Shulby, Todd) (Entered: 08/05/2016) | |||
| 2016-08-05 | 11 | 0 | Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Armin Dilles, Dried Ingredients, LLC (Hitt, Elizabeth) (Entered: 08/05/2016) | |||
| 2016-08-09 | 12 | 0 | Certificate of Interested Parties/Corporate Disclosure Statement by Dana McGraw-Fuertes (Shulby, Todd) (Entered: 08/09/2016) | |||
| 2016-08-10 | 13 | 0 | RESPONSE to 6 Statement of Claim by Armin Dilles, Dried Ingredients, LLC. (Hitt, Elizabeth) Modified Text on 8/11/2016 (ls). (Entered: 08/10/2016) | |||
| 2016-08-11 | 14 | 0 | Joint SCHEDULING REPORT - Rule 16.1 by Dana McGraw-Fuertes (Attachments: # 1 Text of Proposed Order Scheduling Order)(Shulby, Todd) (Entered: 08/11/2016) | |||
| 2016-08-15 | 15 | 0 | SCHEDULING ORDER: ( Status Conference set for 2/1/2017 09:30 AM before Judge Darrin P. Gayles., Jury Trial set for 4/3/2017 before Judge Darrin P. Gayles., Calendar Call set for 3/29/2017 09:30 AM before Judge Darrin P. Gayles., Amended Pleadings due by 9/23/2016., Expert Discovery due by 12/5/2016., Fact Discovery due by 12/5/2016., Joinder of Parties due by 9/23/2016., Mediation Deadline 1/21/2017., In Limine Motions due by 2/2/2017., Dispositive Motions due by 1/9/2017., Motions due by 2/2/2017., Pretrial Stipulation due by 3/2/2017.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge William C. Turnoff for Discovery Matters. Signed by Judge Darrin P. Gayles on 8/15/2016. (ls) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 08/16/2016) | |||
| 2016-08-25 | 16 | 0 | NOTICE of Mediator Selection: Martin A. Soll, Esq. selected. Filed/Added by Martin A. Soll. (Shulby, Todd) (Entered: 08/25/2016) | |||
| 2016-11-25 | 17 | 0 | Witness List Defendants' by Armin Dilles, Dried Ingredients, LLC.. (Hitt, Elizabeth) (Entered: 11/25/2016) | |||
| 2016-12-09 | 18 | 0 | NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 12/15/2016 02:00 PM in Miami Division before Magistrate Judge William C. Turnoff. (Hitt, Elizabeth) (Entered: 12/09/2016) | |||
| 2017-01-09 | 19 | 0 | Defendant's MOTION for Summary Judgment and Incorporated Memorandum of Law by Armin Dilles, Dried Ingredients, LLC. Responses due by 1/23/2017 (Hitt, Elizabeth) (Entered: 01/09/2017) | |||
| 2017-01-09 | 20 | 0 | Statement of: Material Facts re 19 Defendant's MOTION for Summary Judgment by Armin Dilles, Dried Ingredients, LLC (Attachments: # 1 Deposition Depo Excerpts, V. Huertas, # 2 Deposition Depo Excerpts, Plaintiff McGraw, # 3 Deposition Depo Excerpts, A. Dilles, # 4 Exhibit party texts, # 5 Exhibit lease docs, # 6 Deposition Depo Excerpts, A. Areu, # 7 Exhibit Performance Review, # 8 Exhibit Employee Absence Schedule, # 9 Affidavit Affirmation of A. Sosnov, # 10 Exhibit Employee Handbook Excerpt)(Hitt, Elizabeth) Modified Link on 1/10/2017 (ls). (Entered: 01/09/2017) | |||
| 2017-01-10 | 21 | 0 | Clerks Notice to Filer re 20 Statement,,. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) (Entered: 01/10/2017) | |||
| 2017-01-13 | 22 | 0 | Notice of Mediation Hearing before Mediator, Martin Soll filed by Martin A. Soll. Mediation Hearing set for 1/19/2017 09:00 AM (Salmon, John) (Entered: 01/13/2017) | |||
| 2017-01-19 | 23 | 0 | Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 19 Defendant's MOTION for Summary Judgment and Incorporated Memorandum of Law by Dana McGraw-Fuertes. (Shulby, Todd) (Entered: 01/19/2017) | |||
| 2017-01-23 | 24 | 0 | MEDIATION REPORT by Martin A. Soll. Disposition: Case did not settle.(Salmon, John) (Entered: 01/23/2017) | |||
| 2017-01-24 | 25 | 0 | ENDORSED ORDER granting 23 Motion for Extension of Time to File Response to Motion. The Plaintiff shall file her response to the Defendants' Motion for Summary Judgment by 1/30/2017. Signed by Judge Darrin P. Gayles on 1/24/2017. (zvr) (Entered: 01/24/2017) | |||
| 2017-01-30 | 26 | 0 | NOTICE of Filing Discovery: Deposition of Plaintiff Dana Fuertes-McGraw by Dana McGraw-Fuertes.(Shulby, Todd) (Entered: 01/30/2017) | |||
| 2017-01-30 | 27 | 0 | NOTICE of Filing Discovery: Deposition of Defendant Armin Dilles by Dana McGraw-Fuertes.(Shulby, Todd) (Entered: 01/30/2017) | |||
| 2017-01-30 | 28 | 0 | NOTICE of Filing Discovery: Deposition of Ariel Areu by Dana McGraw-Fuertes.(Shulby, Todd) (Entered: 01/30/2017) | |||
| 2017-01-30 | 29 | 0 | NOTICE of Filing Discovery: Deposition of Valentina Huertas by Dana McGraw-Fuertes.(Shulby, Todd) (Entered: 01/30/2017) | |||
| 2017-01-30 | 30 | 0 | RESPONSE in Opposition re 19 Defendant's MOTION for Summary Judgment and Incorporated Memorandum of Law filed by Dana McGraw-Fuertes. Replies due by 2/6/2017. (Shulby, Todd) (Entered: 01/30/2017) | |||
| 2017-01-30 | 31 | 0 | Statement of: Material Facts Opposing by Dana McGraw-Fuertes re 19 Defendant's MOTION for Summary Judgment (Attachments: # 1 Exhibit Ex 1 - Employment Letter, # 2 Exhibit Ex 2 - Job Description, # 3 Exhibit Ex 3 - Paystubs, # 4 Exhibit Ex 4 - Handbook, # 5 Exhibit Ex 5 - Time Records)(Shulby, Todd) Modified Link on 1/31/2017 (ls). (Entered: 01/30/2017) | |||
| 2017-01-31 | 32 | 0 | Clerks Notice to Filer re 31 Statement,. Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) (Entered: 01/31/2017) | |||
| 2017-01-31 | 33 | 0 | ENDORSED ORDER. Plaintiff's Response in Opposition to the Defendants' Motion for Summary Judgment [ECF No. 30] and Statement of Material Facts [ECF No. 31] fail to comply with the typeface requirements contained in the Court's Notice of Court Practice [ECF No. 5]. Plaintiff is ordered to REFILE compliant versions of these documents by 2/2/2017. Signed by Judge Darrin P. Gayles on 1/31/2017. (zvr) (Entered: 01/31/2017) | |||
| 2017-02-01 | 34 | 0 | PAPERLESS MINUTE ENTRY for proceedings held before Judge Darrin P. Gayles: Status Conference held on 2/1/2017. Total time in court: 5 minutes. Attorneys for both parties present. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (zvr) (Entered: 02/01/2017) | |||
| 2017-02-01 | 35 | 0 | ENDORSED ORDER. As stated in the Status Conference held on 2/1/2017, the Defendants' unopposed ore tenus motion for an extension of time to file pretrial motions and motions in limine is GRANTED. The deadline to file pretrial motions and motions in limine is stayed pending the Court's ruling on the Defendants' Motion for Summary Judgment. Signed by Judge Darrin P. Gayles on 2/1/2017. (zvr) (Entered: 02/01/2017) | |||
| 2017-02-02 | 36 | 0 | Statement of: Material Facts Opposing Summary Judgment by Dana McGraw-Fuertes (Attachments: # 1 Exhibit Employment Letter, # 2 Exhibit Job Description, # 3 Exhibit Paystubs, # 4 Exhibit Employee Handbook, # 5 Exhibit Fingerprint Records)(Shulby, Todd) (Entered: 02/02/2017) |