Larin v. Loving Heart Home Health Care, Inc.

Federal Civil Lawsuit Florida Southern District Court, Case No. 1:17-cv-24203
District Judge Darrin P. Gayles, presiding
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District Judge Darrin P. Gayles
Last Updated July 28, 2025 at 9:12 PM EDT (6.8 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [F668E5B], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space K. David Kelly +1 305 865 6766 +1 305 865 7167 krl_kelly@yahoo.com
Space Jamie H. Zidell Zabogado@aol.com

Represented by J.H. Zidell PA

Name Phone Fax E-Mail
Space Rivkah Fay Jaff Rivkah.Jaff@gmail.com
Space Neil Tobak ntobak.zidellpa@gmail.com
No Logo Maria Larin, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Rivkah Fay Jaff +1 305 865 6766 Rivkah.Jaff@gmail.com
ATTORNEY TO BE NOTICED Neil Tobak +1 305 773 3269 ntobak.zidellpa@gmail.com
ATTORNEY TO BE NOTICED Jamie H. Zidell +1 305 865 6766 +8657 865 865 7167 ZABOGADO@AOL.COM

Represented by Edgar F Heiskell Attorney at Law

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED K. David Kelly +1 305 865 6766 +1 305 865 7167 david.kelly38@rocketmail.com
v.
No Logo Anonymized Party [AB04FBC], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Bayardo E. Aleman
Space Giselle Gutierrez
Space Edilberto O. Marban marbanlaw@gmail.com
Space Jorge Freddy Perera
No Logo Anonymized Party [EB41BB3], Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Bayardo E. Aleman
Space Giselle Gutierrez
Space Edilberto O. Marban marbanlaw@gmail.com
Space Jorge Freddy Perera
No Logo Joaquin Marquez, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, TERMINATED: 02/15/2018, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, TERMINATED: 02/15/2018, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, TERMINATED: 02/15/2018, LEAD ATTORNEY Edilberto O. Marban +1 305 448 9292 +1 305 448 9477 marbanlaw@gmail.com

Represented by Perera Barnhart

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Jorge Freddy Perera +1 786 485 5232 +1 786 485 1519 freddy@pererabarnhart.com

Represented by Stearns Weaver Miller Weissler Alhadeff & Sitterson, PA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Bayardo E. Aleman +1 305 789 3506 +1 305 789 4146 baleman@stearnsweaver.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED GISELLE GUTIERREZ +1 305 789 3200 ggutierrez@stearnsweaver.com
No Logo Loving Heart Home Health Care, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Edilberto O. Marban marbanlaw@gmail.com
ATTORNEY TO BE NOTICED, TERMINATED: 02/15/2018, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, TERMINATED: 02/15/2018, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, TERMINATED: 02/15/2018, LEAD ATTORNEY Edilberto O. Marban +1 305 448 9292 +1 305 448 9477 marbanlaw@gmail.com

Represented by Perera Barnhart

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Jorge Freddy Perera +1 786 485 5232 +1 786 485 1519 freddy@pererabarnhart.com

Represented by Perera Barnhart Aleman

Name Phone Fax E-Mail
Space Jorge Freddy Perera freddy@pba-law.com

Represented by Stearns Weaver Miller Weissler Alhadeff & Sitterson, PA

Name Phone Fax E-Mail
Space Bayardo E. Aleman +1 305 789 3506 +1 305 789 4146 baleman@stearnsweaver.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Bayardo E. Aleman +1 305 789 3506 +1 305 789 4146 baleman@stearnsweaver.com
Space GISELLE GUTIERREZ +1 305 789 3200 ggutierrez@stearnsweaver.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED GISELLE GUTIERREZ +1 305 789 3200 ggutierrez@stearnsweaver.com
No Logo Sonia Marquez, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, TERMINATED: 02/15/2018, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, TERMINATED: 02/15/2018, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, TERMINATED: 02/15/2018, LEAD ATTORNEY Edilberto O. Marban +1 305 448 9292 +1 305 448 9477 marbanlaw@gmail.com

Represented by Perera Barnhart

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Jorge Freddy Perera +1 786 485 5232 +1 786 485 1519 freddy@pererabarnhart.com

Represented by Stearns Weaver Miller Weissler Alhadeff & Sitterson, PA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED Bayardo E. Aleman +1 305 789 3506 +1 305 789 4146 baleman@stearnsweaver.com
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED GISELLE GUTIERREZ +1 305 789 3200 ggutierrez@stearnsweaver.com
Attributes
Citation Unknown
Nature of Suit 710 - Labor: Fair Labor Standards Act
Jurisdiction Federal Question
Case Status closed
Jury Demand Plaintiff
Anonymization By SCALES
Timeline
  Entries (66) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 22 Filed: 1/8/2018, Entered: None Unknown Document TypeCourt Filing
SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: (Status Conference set for 10/10/2018 10:00 AM before Judge Darrin P. Gayles., Jury Trial set for 1/21/2019 before Judge Darrin P. Gayles., Calendar Call set for 1/16/2019 09:30 AM before Judge Darrin P. Gayles., Amended Pleadings due by 2/15/2018., Expert Discovery due by 8/21/2018., Fact Discovery due by 8/21/2018., Joinder of Parties due by 2/15/2018., Mediation Deadline 9/7/2018., In Limine Motions due by 11/23/2018., Dispositive Motions due by 9/21/2018., Pretrial Motions due by 11/23/2018., Joint Pretrial Stipulation due by 12/21/2018.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Darrin P. Gayles on 1/8/2018. (jas) 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: 01/09/2018)
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Legal Document (Payment Possibly Required) 65 Filed: 7/20/2018, Entered: 7/20/2018 Court Filing
PAPERLESS ORDER DISMISSING CASE. THIS CAUSE having come before the Court on the parties' 64 Joint Stipulation of Voluntary Dismissal with Prejudice, and the Court being fully advised in the premises, it is hereby: ORDERED AND ADJUDGED that this cause is dismissed with prejudice. Any pending motions are denied as moot. Each party shall bear their own attorney's fees and costs. Signed by Judge Darrin P. Gayles on 7/20/2018. (lh00)
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Legal Document (Payment Possibly Required) 64 Filed: 7/19/2018, Entered: 7/19/2018
STIPULATION of Dismissal with Prejudice by Loving Heart Home Health Care, Inc., AB04FBCB3 (Perera, Jorge)
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Legal Document (Payment Possibly Required) 63 Filed: 7/11/2018, Entered: 7/11/2018 Court Filing
ORDER re 55 NOTICE of Hearing; 58 NOTICE of Hearing; deferring 54 Plaintiff's MOTION for clarification; denying 59 Defendant's MOTION to Strike. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/11/2018. See attached document for full details. (eaa)
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Legal Document (Payment Possibly Required) 62 Filed: 7/11/2018, Entered: 7/11/2018 Court Filing
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Motion Hearing held on 7/11/2018 re 54 Plaintiff's MOTION for clarification 53 Order filed by F668E5B, Discovery Hearing held on 7/11/2018. Total time in court: 45 minutes. Attorney Appearance(s): Rivkah Fay Jaff appeared on behalf of the Plaintiff; Jorge Freddy Perera appeared on behalf of the Defendants. Order to follow. (Digital 10:00:24) (sl)
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Legal Document (Payment Possibly Required) 61 Filed: 7/10/2018, Entered: 7/10/2018
NOTICE by F668E5B re 54 Plaintiff's MOTION for clarification 53 Order of Intent to Rely on Supplemental Authority (Jaff, Rivkah)
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Legal Document (Payment Possibly Required) 60 Filed: 7/10/2018, Entered: 7/10/2018 Court Filing
PAPERLESS SUPPLEMENTAL ORDER re Discovery Hearing set for 7/11/2018 at 10:00 AM. At the Discovery Hearing, the Court will also address 54 Plaintiff's MOTION for clarification and 59 Defendant's MOTION to Strike. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/10/2018. (eaa)
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Legal Document (Payment Possibly Required) 59 Filed: 7/9/2018, Entered: 7/9/2018
Defendant's MOTION to Strike 54 Plaintiff's MOTION for clarification 53 Order by Loving Heart Home Health Care, Inc., AB04FBCB3. Responses due by 7/23/2018 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Aleman, Bayardo)
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Legal Document (Payment Possibly Required) 58 Filed: 7/9/2018, Entered: 7/9/2018 Court Filing
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 7/11/2018 10:00 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Perera, Jorge)
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Legal Document (Payment Possibly Required) 57 Filed: 7/3/2018, Entered: 7/3/2018
NOTICE of Mediator Hearing. Mediation Hearing set for 8/30/2018 at 10:00 a.m.. (Jaff, Rivkah)
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Legal Document (Payment Possibly Required) 56 Filed: 7/2/2018, Entered: 7/2/2018
NOTICE of Mediator Selection. Added F668E5B, Neil Flaxman. (Jaff, Rivkah)
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Legal Document (Payment Possibly Required) 55 Filed: 6/27/2018, Entered: 6/27/2018 Court Filing
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 7/11/2018 10:00 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Jaff, Rivkah)
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Legal Document (Payment Possibly Required) 54 Filed: 6/27/2018, Entered: 6/27/2018
Plaintiff's MOTION for clarification 53 Order by F668E5B. Responses due by 7/11/2018 (Zidell, Jamie)
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Legal Document (Payment Possibly Required) 53 Filed: 6/22/2018, Entered: 6/22/2018 Court Filing
ORDER re 49 NOTICE of Hearing; 50 NOTICE of Hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 6/22/2018. (eaa)
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Legal Document (Payment Possibly Required) 52 Filed: 6/22/2018, Entered: 6/22/2018 Court Filing
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Discovery Hearing held on 6/22/2018. Order to follow. Total time in court: 30 minutes. Attorney Appearance(s): Rivkah Fay Jaff, Neil Tobak, Bayardo E. Aleman, (Digital 09:29:00) (ra)
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Legal Document (Payment Possibly Required) 51 Filed: 6/21/2018, Entered: 6/21/2018
NOTICE by Loving Heart Home Health Care, Inc., AB04FBCB3 re 50 Notice re Hearing by Attorney (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Madrigal, Giselle)
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Legal Document (Payment Possibly Required) 50 Filed: 6/20/2018, Entered: 6/20/2018 Court Filing
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 6/22/2018 09:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Aleman, Bayardo)
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Legal Document (Payment Possibly Required) 49 Filed: 5/25/2018, Entered: 5/25/2018 Court Filing
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 6/22/2018 09:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Jaff, Rivkah)
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Legal Document (Payment Possibly Required) 48 Filed: 4/2/2018, Entered: 4/2/2018
NOTICE by F668E5B re 47 Order of Intent to Issue Subpoena in Order to Comply with the Court's Order (Attachments: # 1 Exhibit A - Subpoena Duces Tecum Without Deposition) (Jaff, Rivkah)
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Legal Document (Payment Possibly Required) 47 Filed: 3/29/2018, Entered: 3/29/2018 Court Filing
ORDER re 44 NOTICE of Hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 3/29/2018. (eaa)
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Legal Document (Payment Possibly Required) 46 Filed: 3/29/2018, Entered: 3/29/2018 Court Filing
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Discovery Hearing held on 3/29/2018. Total time in court: 30 minutes. Attorney Appearance(s): Neil Tobak appeared on behalf of the Plaintiff; Jorge Freddy Perera appeared on behalf of the Defendants. Order to follow. (Digital 10:00:21) (sl)
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Legal Document (Payment Possibly Required) 45 Filed: 3/27/2018, Entered: 3/27/2018
NOTICE by F668E5B re 44 Notice re Hearing by Attorney (Attachments: # 1 Exhibit A, # 2 Exhibit A, # 3 Exhibit A, # 4 Exhibit A, # 5 Errata A, # 6 Exhibit A) (Jaff, Rivkah)
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Legal Document (Payment Possibly Required) 44 Filed: 3/27/2018, Entered: 3/27/2018 Court Filing
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 3/29/2018 10:00 AM before Magistrate Judge Alicia M. Otazo-Reyes. (Perera, Jorge)
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Legal Document (Payment Possibly Required) 43 Filed: 3/15/2018, Entered: 3/15/2018 Court Filing
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 3/29/2018 10:00 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Perera, Jorge)
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Legal Document (Payment Possibly Required) 42 Filed: 3/1/2018, Entered: 3/2/2018 Court Filing
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Discovery Hearing held on 3/1/2018. Total time in court: 35 minutes. Attorney Appearance(s): K. David Kelly and Neil Tobak appeared on behalf of the Plaintiff; Bayardo E. Aleman and Giselle Gutierrez Madrigal appeared on behalf of the Defendants. See Order entered D.E. 41 . (Digital 09:48:22) (sl)
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Legal Document (Payment Possibly Required) 41 Filed: 3/1/2018, Entered: 3/1/2018 Court Filing
ORDER re 32 NOTICE of Hearing; 38 NOTICE of Hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 3/1/2018. (eaa)
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Legal Document (Payment Possibly Required) 40 Filed: 3/1/2018, Entered: 3/1/2018
NOTICE of Attorney Appearance by Giselle Gutierrez Madrigal on behalf of Loving Heart Home Health Care, Inc., AB04FBCB3. Attorney Giselle Gutierrez Madrigal added to party Loving Heart Home Health Care, Inc.(pty:dft), Attorney Giselle Gutierrez Madrigal added to party AB04FBC(pty:dft), Attorney Giselle Gutierrez Madrigal added to party EB41BB3(pty:dft). (Madrigal, Giselle)
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Legal Document (Payment Possibly Required) 39 Filed: 2/28/2018, Entered: 2/28/2018
NOTICE of Attorney Appearance by K. David Kelly on behalf of F668E5B. Attorney K. David Kelly added to party F668E5B(pty:pla). (Kelly, K.)
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Legal Document (Payment Possibly Required) 38 Filed: 2/23/2018, Entered: 2/23/2018 Court Filing
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 3/1/2018 09:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Perera, Jorge)
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Legal Document (Payment Possibly Required) 37 Filed: 2/16/2018, Entered: 2/16/2018 Court Filing
PAPERLESS ORDER Resetting Discovery Hearing. The Discovery Hearing set for 3/2/2018 at 9:30 AM is hereby RESET to 3/1/2018 at 9:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 2/16/2018. (eaa)
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Legal Document (Payment Possibly Required) 36 Filed: 2/15/2018, Entered: 2/15/2018 Court Filing
ENDORSED ORDER granting 35 Defendants' Motion to Substitute Counsel. Based thereon, it is ORDERED and ADJUDGED that Edilberto O. Marban, Esq., is hereby relieved as counsel for the Defendants, and that Bayardo E. Aleman, Esq., and the law firm of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., are hereby substituted as counsel for Defendants. Signed by Judge Darrin P. Gayles on 2/15/2018. (lh00)
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Legal Document (Payment Possibly Required) 35 Filed: 2/15/2018, Entered: 2/15/2018
Defendant's STIPULATED MOTION for Substitution of Counsel. Substituting Bayardo Aleman, Giselle Madrigal for Edilberto Marban by Loving Heart Home Health Care, Inc., AB04FBCB3. Responses due by 3/1/2018 (Attachments: # 1 Text of Proposed Order)(Aleman, Bayardo)
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Legal Document (Payment Possibly Required) 34 Filed: 2/14/2018, Entered: 2/14/2018
NOTICE of Attorney Appearance by Bayardo E. Aleman on behalf of Loving Heart Home Health Care, Inc., AB04FBCB3. Attorney Bayardo E. Aleman added to party Loving Heart Home Health Care, Inc.(pty:dft), Attorney Bayardo E. Aleman added to party AB04FBC(pty:dft), Attorney Bayardo E. Aleman added to party EB41BB3(pty:dft). (Aleman, Bayardo)
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Legal Document (Payment Possibly Required) 33 Filed: 2/12/2018, Entered: 2/12/2018
SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by F668E5B. AB04FBC served on 1/31/2018, answer due 2/21/2018. (Zidell, Jamie)
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Legal Document (Payment Possibly Required) 32 Filed: 2/12/2018, Entered: 2/12/2018 Court Filing
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 3/2/2018 09:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Jaff, Rivkah)
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Legal Document (Payment Possibly Required) 31 Filed: 2/8/2018, Entered: 2/8/2018
NOTICE of Attorney Appearance by Edilberto O. Marban on behalf of Loving Heart Home Health Care, Inc., AB04FBCB3. Attorney Edilberto O. Marban added to party Loving Heart Home Health Care, Inc.(pty:dft), Attorney Edilberto O. Marban added to party AB04FBC(pty:dft), Attorney Edilberto O. Marban added to party EB41BB3(pty:dft). (Marban, Edilberto)
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Legal Document (Payment Possibly Required) 30 Filed: 2/7/2018, Entered: 2/7/2018 Court Filing
PAPERLESS ORDER denying as moot 24 Plaintiff's MOTION to Strike in light of 25 PAPERLESS ORDER striking 23 Defendant's MOTION 36(b). Signed by Magistrate Judge Alicia M. Otazo-Reyes on 2/7/2018. (eaa)
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Legal Document (Payment Possibly Required) 29 Filed: 2/7/2018, Entered: 2/7/2018 Court Filing
PAPERLESS ORDER denying 26 MOTION for clarification. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 2/7/2018. (eaa)
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Legal Document (Payment Possibly Required) 28 Filed: 2/7/2018, Entered: 2/7/2018
REPLY to Response to Motion re 26 MOTION for clarification 25 Order on Motion for Miscellaneous Relief, Order on Motion for Extension of Time filed by Loving Heart Home Health Care, Inc., AB04FBCB3. (Perera, Jorge)
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Legal Document (Payment Possibly Required) 27 Filed: 2/7/2018, Entered: 2/7/2018
RESPONSE in Opposition re 26 MOTION for clarification 25 Order on Motion for Miscellaneous Relief, Order on Motion for Extension of Time filed by F668E5B. Replies due by 2/14/2018. (Jaff, Rivkah)
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Legal Document (Payment Possibly Required) 26 Filed: 2/7/2018, Entered: 2/7/2018
MOTION for clarification 25 Order on Motion for Miscellaneous Relief, Order on Motion for Extension of Time by Loving Heart Home Health Care, Inc., AB04FBCB3. Responses due by 2/21/2018 (Attachments: # 1 Exhibit, # 2 Exhibit Proposed Order)(Perera, Jorge)
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Legal Document (Payment Possibly Required) 25 Filed: 2/7/2018, Entered: 2/7/2018 Court Filing
PAPERLESS ORDER striking 23 Defendant's MOTION 36(b) for failure to comply with the discovery procedures set forth in 22 SCHEDULING ORDER. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 2/7/2018. (eaa)
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Legal Document (Payment Possibly Required) 24 Filed: 2/6/2018, Entered: 2/6/2018
Plaintiff's MOTION to Strike 23 Defendant's MOTION 36(b) Motion and Motion for Extension of Time to Respond to Discovery Defendant's MOTION for Extension of Time to Respond to Discovery by F668E5B. Responses due by 2/20/2018 (Tobak, Neil)
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Legal Document (Payment Possibly Required) 23 Filed: 2/6/2018, Entered: 2/6/2018
STRICKEN Defendant's MOTION 36(b) Motion and Motion for Extension of Time to Respond to Discovery , Defendant's MOTION for Extension of Time to Respond to Discovery ( Responses due by 2/20/2018) by Loving Heart Home Health Care, Inc., AB04FBCB3. (Perera, Jorge) Modified to strike per 25 Order on 2/7/2018 (asl).
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Legal Document (Payment Possibly Required) 22 Filed: 1/8/2018, Entered: 1/9/2018 Court Filing
SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: (Status Conference set for 10/10/2018 10:00 AM before Judge Darrin P. Gayles., Jury Trial set for 1/21/2019 before Judge Darrin P. Gayles., Calendar Call set for 1/16/2019 09:30 AM before Judge Darrin P. Gayles., Amended Pleadings due by 2/15/2018., Expert Discovery due by 8/21/2018., Fact Discovery due by 8/21/2018., Joinder of Parties due by 2/15/2018., Mediation Deadline 9/7/2018., In Limine Motions due by 11/23/2018., Dispositive Motions due by 9/21/2018., Pretrial Motions due by 11/23/2018., Joint Pretrial Stipulation due by 12/21/2018.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Darrin P. Gayles on 1/8/2018. (jas) 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.
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Legal Document (Payment Possibly Required) 21 Filed: 1/8/2018, Entered: 1/8/2018
Certificate of Interested Parties/Corporate Disclosure Statement by Loving Heart Home Health Care, Inc., AB04FBCB3 (Perera, Jorge)
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Legal Document (Payment Possibly Required) 20 Filed: 1/5/2018, Entered: 1/5/2018
Joint SCHEDULING REPORT - Rule 26(f) by F668E5B (Tobak, Neil)
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Legal Document (Payment Possibly Required) 19 Filed: 1/4/2018, Entered: 1/4/2018
Statement of: Response to Statement of Claim by Loving Heart Home Health Care, Inc., AB04FBCB3 re 11 Statement (Perera, Jorge)
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Legal Document (Payment Possibly Required) 18 Filed: 1/3/2018, Entered: 1/3/2018 Court Filing
Joint Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge . Filed by F668E5B (Jaff, Rivkah)
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Legal Document (Payment Possibly Required) 17 Filed: 12/18/2017, Entered: 12/18/2017
NOTICE of Compliance by F668E5B re 8 Notice of Court Practice,,,,,,, (Jaff, Rivkah)
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Legal Document (Payment Possibly Required) 16 Filed: 12/18/2017, Entered: 12/18/2017 Court Filing
ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before 1/8/2018, the parties shall: (1) prepare and file a Joint Scheduling Report, Certificates of Interested Parties, and Corporate Disclosure Statements; (2) prepare and file a Joint Proposed Scheduling Order, adhering to the format and guidance of the attached form; and (3) complete and file the attached magistrate election forms. Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 12/18/2017. (lh00)
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Legal Document (Payment Possibly Required) 15 Filed: 12/18/2017, Entered: 12/18/2017
Certificate of Interested Parties by F668E5B (Jaff, Rivkah)
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Legal Document (Payment Possibly Required) 14 Filed: 12/18/2017, Entered: 12/18/2017
ANSWER and Affirmative Defenses to Complaint by Loving Heart Home Health Care, Inc., AB04FBCB3. Attorney Jorge Freddy Perera added to party Loving Heart Home Health Care, Inc.(pty:dft), Attorney Jorge Freddy Perera added to party AB04FBC(pty:dft), Attorney Jorge Freddy Perera added to party EB41BB3(pty:dft). (Perera, Jorge)
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Legal Document (Payment Possibly Required) 13 Filed: 12/8/2017, Entered: 12/8/2017
SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by F668E5B. Loving Heart Home Health Care, Inc. served on 11/28/2017, answer due 12/19/2017; EB41BB3 served on 11/28/2017, answer due 12/19/2017. (Zidell, Jamie)
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Legal Document (Payment Possibly Required) 12 Filed: 11/22/2017, Entered: 11/22/2017
Summons Issued as to AB04FBC. (asl)
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Legal Document (Payment Possibly Required) 11 Filed: 11/20/2017, Entered: 11/20/2017
Statement of: Claim by F668E5B re 8 Notice of Court Practice,,,,,,, (Jaff, Rivkah)
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Legal Document (Payment Possibly Required) 10 Filed: 11/20/2017, Entered: 11/20/2017
NOTICE of Attorney Appearance by Rivkah Fay Jaff on behalf of F668E5B. Attorney Rivkah Fay Jaff added to party F668E5B(pty:pla). (Jaff, Rivkah)
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Legal Document (Payment Possibly Required) 9 Filed: 11/20/2017, Entered: 11/20/2017
NOTICE of Filing Proposed Summons(es) by F668E5B re 4 Clerks Notice to Filer re: Electronic Case, Summons(es) (Tobak, Neil)
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Legal Document (Payment Possibly Required) 8 Filed: 11/20/2017, Entered: 11/20/2017 Court Filing
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: (1) an initial estimate of the total amount of alleged unpaid wages; (2) a preliminary calculation of such wages; (3) 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 12/29/17. 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. Signed by Judge Darrin P. Gayles on 11/20/2017. (lh00)
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Legal Document (Payment Possibly Required) 7 Filed: 11/20/2017, Entered: 11/20/2017 Court Filing
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. 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 dismissal of this action or entry of default. Signed by Judge Darrin P. Gayles on 11/20/2017. (lh00)
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Legal Document (Payment Possibly Required) 6 Filed: 11/20/2017, Entered: 11/20/2017
NOTICE of Attorney Appearance by Neil Tobak on behalf of F668E5B. Attorney Neil Tobak added to party F668E5B(pty:pla). (Tobak, Neil)
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Legal Document (Payment Possibly Required) 5 Filed: 11/20/2017, Entered: 11/20/2017
Summons Issued as to Loving Heart Home Health Care, Inc., EB41BB3. (jas)
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Legal Document (Payment Possibly Required) 4 Filed: 11/17/2017, Entered: 11/20/2017
Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents (jas)
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Legal Document (Payment Possibly Required) 3 Filed: 11/17/2017, Entered: 11/20/2017
Clerks Notice to Filer re: Electronic Case. Documents Improperly Arranged. The Filer did not properly attach the Civil Cover Sheet. Future filings must comply with the CM/ECF Civil Case Opening Guide. It is not necessary to re-file this document. (jas)
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Legal Document (Payment Possibly Required) 2 Filed: 11/17/2017, Entered: 11/20/2017 Court Filing
Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jas)
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Legal Document (Payment Possibly Required) 1 Filed: 11/17/2017, Entered: 11/17/2017
COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-10198243, filed by F668E5B. (Attachments: # 1 Summon(s), # 2 Civil Cover Sheet)(Zidell, Jamie)
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