Case Details

CourtSouthern District of Florida
Docket number9:16-cv-81696
Date case filed2016-10-09
Date case closed2017-05-17
Date of latest filing
Assigned toJudge Donald M. Middlebrooks
Case cause15:0002 Fair Labor Standards Act
Nature of suit710 Labor: Fair Standards
Jury demandDefendant
Demand
JurisdictionFederal Question

Case Parties

Party: Patricia Gonzalez
Party type: Plaintiff
Attorney name: Chelsea A. Lewis
Attorney Contact:
Glasser & Kleppin, P.A.
8751 West Broward Boulevard
Suite 105
Plantation, FL 33324
954-424-1933
Fax: 954-474-7405
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Chris Kleppin
Attorney Contact:
Glasser & Kleppin, P.A.
8751 West Broward Boulevard
Suite 105
Plantation, FL 33324
954-424-1933
Fax: 954-474-7405
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Lesha Rosario
Party type: Plaintiff
Attorney name: Chelsea A. Lewis
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Chris Kleppin
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: James Batmasian
Party type: Defendant
individually

doing business asInvestments Limited
Attorney name: Roderick Flynn Coleman
Attorney Contact:
Coleman & Associates
400 South Dixie Highway
Suite 121
Boca Raton, FL 33432
561-620-9292
Fax: 620-8232
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: George Louis Sigalos
Attorney Contact:
SImon & Sigalos, LLP
3839 NW Boca Raton Blvd
Suite 100
Boca Raton, FL 33431
561-447-0017
Fax: 561-447-0018
Email: [email protected]
TERMINATED: 01/20/2017 ATTORNEY TO BE NOTICED
Party: Marta Batmasian
Party type: Defendant
individually

doing business asInvestments Limited
Attorney name: Roderick Flynn Coleman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: George Louis Sigalos
Attorney Contact:
(See above for address)
TERMINATED: 01/20/2017 ATTORNEY TO BE NOTICED
Party: Marta Batmasian
Party type: Counter Claimant
individually
Attorney name: Roderick Flynn Coleman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: James Batmasian
Party type: Counter Claimant
individually
Attorney name: Roderick Flynn Coleman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Patricia Gonzalez
Party type: Counter Defendant
Attorney name: Chelsea A. Lewis
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Chris Kleppin
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Marta Batmasian
Party type: Counter Claimant
individually
Attorney name: Roderick Flynn Coleman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: James Batmasian
Party type: Counter Claimant
individually
Attorney name: Roderick Flynn Coleman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: George Louis Sigalos
Attorney Contact:
(See above for address)
TERMINATED: 01/20/2017 ATTORNEY TO BE NOTICED
Party: Mark Buckstein
Party type: Counter Claimant
Attorney name: Roderick Flynn Coleman
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Patricia Gonzalez
Party type: Counter Defendant
Attorney name: Chelsea A. Lewis
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Chris Kleppin
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12016-10-09 COMPLAINT against James Batmasian, Marta Batmasian. Filing fees $ 400.00 receipt number 113C-9149803, filed by Patricia Gonzalez, Lesha Rosario. (Attachments: # 1 Civil Cover Sheet)(Kleppin, Chris) (Entered: 10/09/2016)
22016-10-09 Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon (rms1) (Entered: 10/11/2016)
32016-10-09 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (rms1) (Entered: 10/11/2016)
42016-10-19 ORDER REFERRING CASE AND SETTING TRIAL DATE: (Status Conference set for 4/26/2017 01:15 PM before Judge Donald M. Middlebrooks., Jury Trial set for 5/1/2017 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 4/26/2017 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon to conduct a Scheduling Conference. Signed by Judge Donald M. Middlebrooks on 10/19/2016. (mc) 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: 10/19/2016)
52016-10-20 PAPERLESS ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE. ( Telephone Conference set for 10/26/2016 at 2:30 PM in West Palm Beach Division before Magistrate Judge Dave Lee Brannon.) At least 48 hours before the conference, Plaintiff's counsel shall provide the Court ([email protected]) and opposing counsel with a dial-in conference call number. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. The parties must be prepared at their assigned time but may have to wait 10-20 minutes before their conference begins, as the Court sets three cases per 30-minute time slot. Signed by Magistrate Judge Dave Lee Brannon on 10/20/2016. (sa) (Entered: 10/20/2016)
62016-10-26 Minute Entry for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Telephonic Conference held on 10/26/2016. Chris Kleppin, Esq. present for Plaintiffs. No appearance on behalf of any Defendant to date. Scheduling conference not held and will be reset to allow Plaintiff's counsel the opportunity to better familiarize himself with this case, with particular emphasis on the status of service of process. Conference to be reset by separate order. (Digital/Time in Court: 14:37:26/2 mins.) (jrz) (Entered: 10/26/2016)
72016-10-26 PAPERLESS ORDER RESETTING TELEPHONIC SCHEDULING CONFERENCE: Telephonic Scheduling Conference set for 10/31/2016 at 10:30 AM in West Palm Beach Division. At least 48 hours before the conference, Plaintiffs' counsel shall provide the Court ([email protected]) and opposing counsel, if any, with a dial-in conference call number. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. The parties must be prepared at their assigned time but may have to wait 10-20 minutes before their conference begins, as the Court sets three cases per 30-minute time slot. Signed by U.S. Magistrate Judge Dave Lee Brannon on 10/26/2016.(jrz) (Entered: 10/26/2016)
82016-10-31 Minute Entry for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Telephonic Scheduling Conference held on 10/31/2016. Chris Kleppin, Esq. present for Plaintiffs. No appearance by or on behalf of any Defendant to date. Plaintiffs' counsel advises that service of process is not yet complete. Scheduling matters discussed. Scheduling Order and FLSA Order to follow. (Digital/Time in Court: 10:56:39/11 mins.) (jrz) (Entered: 10/31/2016)
92016-10-31 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: (Amended Pleadings due by 11/14/2016., Discovery due by 2/6/2017., Joinder of Parties due by 11/14/2016., In Limine Motions due by 2/21/2017., Motions due by 2/21/2017., Pretrial Stipulation due by 4/3/2017.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 10/31/2016. (mc) 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: 10/31/2016)
102016-10-31 ORDER SETTING FLSA SCHEDULE. Signed by Magistrate Judge Dave Lee Brannon on 10/31/2016. (mc) (Entered: 10/31/2016)
112016-11-14 NOTICE of Mediator Selection: Mark Buckstein selected. Filed/Added by Patricia Gonzalez, Lesha Rosario. (Kleppin, Chris) (Entered: 11/14/2016)
122016-12-07 NOTICE by Patricia Gonzalez, Lesha Rosario re 1 Complaint (Attachments: # 1 Summon(s), # 2 Summon(s)) (Kleppin, Chris) (Entered: 12/07/2016)
132016-12-07 Summons Issued as to James Batmasian, Marta Batmasian. (mc) (Entered: 12/07/2016)
142016-12-28 NOTICE of Attorney Appearance by George Louis Sigalos on behalf of James Batmasian, Marta Batmasian. Attorney George Louis Sigalos added to party James Batmasian(pty:dft), Attorney George Louis Sigalos added to party Marta Batmasian(pty:dft). (Sigalos, George) (Entered: 12/28/2016)
152016-12-29 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint by James Batmasian, Marta Batmasian. (Attachments: # 1 Text of Proposed Order)(Sigalos, George) (Entered: 12/29/2016)
162017-01-03 Defendant's MOTION for Extension of Time to Comply with Certain Deadlines in Pretrial Scheduling Order re 9 Scheduling Order, Order Referring Case to Mediation,,,, by James Batmasian, Marta Batmasian. Responses due by 1/17/2017 (Attachments: # 1 Text of Proposed Order)(Sigalos, George) (Entered: 01/03/2017)
172017-01-03 ENDORSED ORDER granting 15 Motion for Extension of Time. The deadline for Defendants to respond to the Complaint is extended to January 13, 2017. Signed by Judge Donald M. Middlebrooks on 1/3/2017. (kcr) (Entered: 01/03/2017)
182017-01-03 SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by Patricia Gonzalez, Lesha Rosario. James Batmasian served on 12/13/2016, answer due 1/3/2017. (Kleppin, Chris) (Entered: 01/03/2017)
192017-01-03 SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by Patricia Gonzalez, Lesha Rosario. Marta Batmasian served on 12/13/2016, answer due 1/3/2017. (Kleppin, Chris) (Entered: 01/03/2017)
202017-01-04 Unopposed MOTION for Extension of Time To File Statement of Claim re 10 Order by Patricia Gonzalez, Lesha Rosario. Responses due by 1/18/2017 (Attachments: # 1 Text of Proposed Order)(Kleppin, Chris) (Entered: 01/04/2017)
212017-01-04 ANSWER and Affirmative Defenses to Complaint with Jury Demand , COUNTERCLAIM against Patricia Gonzalez by Marta Batmasian, James Batmasian. Attorney Roderick Flynn Coleman added to party James Batmasian(pty:dft), Attorney Roderick Flynn Coleman added to party Marta Batmasian(pty:dft). (Attachments: # 1 Exhibit 1, # 2 2)(Coleman, Roderick) (Entered: 01/04/2017)
222017-01-05 ENDORSED ORDER granting 20 Motion for Extension of Time. The deadline for Plaintiffs to File a Statement of Claim is extended to January 6, 2017. Signed by Judge Donald M. Middlebrooks on 1/5/2017. (kcr) (Entered: 01/05/2017)
232017-01-05 ORDER granting in part and denying in part 16 Motion for Extension of Time. Discovery due by 2/20/2017. In Limine Motions due by 2/27/2017. Pretrial Motions due by 2/27/2017. Al1 other deadlines set forth in the Pretrial Scheduling Order and Order Refening Case to Mediation (DE 9 ) shall remain as set forth therein. Signed by Judge Donald M. Middlebrooks on 1/5/2017. (pes) (Entered: 01/06/2017)
242017-01-06 Statement of: Claim by Patricia Gonzalez, Lesha Rosario re 10 Order (Kleppin, Chris) (Entered: 01/06/2017)
252017-01-09 FIRST AMENDED ANSWER and Affirmative Defenses to Complaint with Jury Demand , COUNTERCLAIM against Patricia Gonzalez by Marta Batmasian, James Batmasian, Mark Buckstein. Attorney Roderick Flynn Coleman added to party Mark Buckstein(pty:med). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Coleman, Roderick) (Entered: 01/09/2017)
262017-01-13 MOTION for Extension of Time to File Response/Reply/Answer as to 10 Order by James Batmasian, Marta Batmasian(individually ). (Coleman, Roderick) (Entered: 01/13/2017)
272017-01-17 NOTICE by Patricia Gonzalez, Lesha Rosario re 23 Order on Motion for Extension of Time, Discovery Plan (Kleppin, Chris) (Entered: 01/17/2017)
282017-01-18 Unopposed STIPULATED MOTION for Substitution of Counsel. Substituting Rod Coleman, Esq. for George L. Sigalos, Esq., Jennifer Boussy Carroll, Esq., Heather E. Kruzyk, Esq. by James Batmasian, Marta Batmasian. Responses due by 2/1/2017 (Attachments: # 1 Text of Proposed Order)(Sigalos, George) (Entered: 01/18/2017)
292017-01-18 ENDORSED ORDER granting 26 Motion for Extension of Time to File. The deadline for Defendants to respond to Plaintiff's statement of claim is 7 days from Defendants' receipt of the documents supporting Plaintiff's statement of claim. Signed by Judge Donald M. Middlebrooks on 1/18/2017. (kcr) (Entered: 01/18/2017)
302017-01-20 ORDER granting 28 Unopposed Motion for Substitution of Counsel. Attorney Roderick Flynn Coleman added. Attorney George Louis Sigalos terminated. Signed by Judge Donald M. Middlebrooks on 1/20/2017. (mc) (Entered: 01/20/2017)
312017-01-20 Initial Disclosure(s) of Rule 26(a) by James Batmasian, Marta Batmasian(individually ), Mark Buckstein (Coleman, Roderick) (Entered: 01/20/2017)
322017-01-24 Unopposed MOTION for Extension of Time To Respond To Defendants' First Amended Answer & Affirmative Defenses To Plaintiffs' Complaint and Counterclaim re 25 Answer to Complaint,, Counterclaim, by Patricia Gonzalez, Lesha Rosario. Responses due by 2/7/2017 (Attachments: # 1 Text of Proposed Order)(Kleppin, Chris) Modified rellief on 1/25/2017 (mc). (Entered: 01/24/2017)
332017-01-25 Witness List by James Batmasian, Marta Batmasian(individually ).. (Coleman, Roderick) (Entered: 01/25/2017)
342017-01-26 ENDORSED ORDER granting 32 Motion for Extension of Time. The deadline for Plaintiffs to file their Response is extended to February 8, 2017. Signed by Judge Donald M. Middlebrooks on 1/26/2017. (kcr) (Entered: 01/26/2017)
352017-02-01 Plaintiff's MOTION to Dismiss 25 Answer to Complaint, Counterclaim,, (Motion to Dismiss Counterclaim) by Patricia Gonzalez. Responses due by 2/15/2017 (Kleppin, Chris) (Entered: 02/01/2017)
362017-02-03 MOTION to Compel plaintiffs to comply with order setting FLSA schedule by James Batmasian, Marta Batmasian(individually ). Responses due by 2/17/2017 (Coleman, Roderick) (Entered: 02/03/2017)
372017-02-03 Plaintiff's MOTION for Plaintiff Lesha Rosario to Appear at the Mediation Telephonically by Lesha Rosario. (Kleppin, Chris) (Entered: 02/03/2017)
382017-02-06 ENDORSED ORDER denying as moot 37 Motion. Plaintiff Lesha Rosario's Motion to Appear At Mediation Telephonically is denied as moot because the mediation has passed. Signed by Judge Donald M. Middlebrooks on 2/6/2017. (kcr) (Entered: 02/06/2017)
392017-02-06 ENDORSED ORDER. The deadline for Plaintiffs to respond to Defendants' Objection to Statement of Claim and Motion to Compel is February 10, 2017. The deadline for Defendants to file a Reply is February 15, 2017. Signed by Judge Donald M. Middlebrooks on 2/6/2017. (kcr) (Entered: 02/06/2017)
402017-02-07 Joint MOTION for Extension of Time to Complete Discovery Period by Patricia Gonzalez, Lesha Rosario. (Kleppin, Chris) (Entered: 02/07/2017)
412017-02-08 ENDORSED ORDER denying 40 Motion for Extension of Time to Complete Discovery. For lack of good cause shown, the Parties' Motion for an extension of time to complete discovery is denied. The Court reminds the Parties that they may consent to the jurisdiction of United States Magistrate Judge Dave Lee Brannon, who generally allows the Parties great flexibility in setting the course and schedule, including the trial date, of their case. Signed by Judge Donald M. Middlebrooks on 2/8/2017. (kcr) (Entered: 02/08/2017)
422017-02-10 RESPONSE to Motion re 36 MOTION to Compel plaintiffs to comply with order setting FLSA schedule filed by Patricia Gonzalez, Lesha Rosario. Replies due by 2/17/2017. (Kleppin, Chris) (Entered: 02/10/2017)
432017-02-13 ENDORSED ORDER. Per the Court's February 6, 2017 Order, the deadline for Defendants to file a reply in support of their Motion to Compel is February 15, 2017. Signed by Judge Donald M. Middlebrooks on 2/13/2017. (kcr) (Entered: 02/13/2017)
442017-02-14 RESPONSE to Motion re 35 Plaintiff's MOTION to Dismiss 25 Answer to Complaint, Counterclaim,, (Motion to Dismiss Counterclaim) filed by James Batmasian, Marta Batmasian(individually ), Mark Buckstein. Replies due by 2/21/2017. (Coleman, Roderick) (Entered: 02/14/2017)
452017-02-17 ORDER denying 36 Defendant's Motion to Compel. Signed by Judge Donald M. Middlebrooks on 2/17/2017. (mc) (Entered: 02/17/2017)
462017-02-21 REPLY to Response to Motion re 35 Plaintiff's MOTION to Dismiss 25 Answer to Complaint, Counterclaim,, (Motion to Dismiss Counterclaim) filed by Patricia Gonzalez. (Attachments: # 1 Release Drafted by Mr. Batmasian that Released Any Claim Under the Note and Mortgage, # 2 Email Showing that Patricia Gonzalez was a "Commercial Leasing" Employee)(Kleppin, Chris) (Entered: 02/21/2017)
472017-02-23 ORDER granting 35 Motion to Dismiss Counterclaim Signed by Judge Donald M. Middlebrooks on 2/23/2017. (dj) (Entered: 02/24/2017)
482017-02-27 MOTION for Summary Judgment as to Patricia Gonzalez by James Batmasian, Marta Batmasian(individually ). Responses due by 3/13/2017 (Coleman, Roderick) (Entered: 02/27/2017)
492017-02-27 Statement of: Material Facts in Support of Motion for Summary Judgment by James Batmasian, Marta Batmasian(individually ) re 48 MOTION for Summary Judgment as to Patricia Gonzalez (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Coleman, Roderick) (Entered: 02/27/2017)
502017-02-27 MOTION to Dismiss 1 Complaint as to Lesha Rosario's claim by James Batmasian, Marta Batmasian(individually ). Responses due by 3/13/2017 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Coleman, Roderick) (Entered: 02/27/2017)
512017-02-27 NOTICE by James Batmasian, Marta Batmasian(individually ) re 49 Statement, of Filing Deposition of Patricia Gonzalez (Coleman, Roderick) (Entered: 02/27/2017)
522017-02-27 MOTION to Sever Rosario's claim by James Batmasian, Marta Batmasian(individually ). Responses due by 3/13/2017 (Coleman, Roderick) (Entered: 02/27/2017)
532017-02-27 Statement of: Undisputed Material Facts In Support Of Plaintiffs' Motion for Summary Judgment by Patricia Gonzalez, Lesha Rosario (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(Kleppin, Chris) (Entered: 02/27/2017)
542017-02-27 Plaintiff's MOTION for Summary Judgment And Incorporated Memorandum of Law In Support by Patricia Gonzalez, Lesha Rosario. Responses due by 3/13/2017 (Kleppin, Chris) (Entered: 02/27/2017)
552017-02-27 Plaintiff's MOTION in Limine by Patricia Gonzalez, Lesha Rosario. (Kleppin, Chris) (Entered: 02/27/2017)
562017-02-27 Plaintiff's MOTION in Limine to Exclude Witnesses Who Did Not Appear for Deposition by Patricia Gonzalez, Lesha Rosario. (Kleppin, Chris) (Entered: 02/27/2017)
572017-03-09 ENDORSED ORDER. According to representations made by the Parties, mediation has already been conducted but no mediation report was filed. The Parties shall ensure that the mediation report is filed by March 13, 2017. Signed by Judge Donald M. Middlebrooks on 3/9/2017. (kcr) (Entered: 03/09/2017)
582017-03-09 Unopposed MOTION for Extension of Time To Respond to Defendants' Motion for Summary Judgment and Statement of Material Facts re 49 Statement, 48 MOTION for Summary Judgment as to Patricia Gonzalez by Patricia Gonzalez, Lesha Rosario. Responses due by 3/23/2017 (Attachments: # 1 Text of Proposed Order)(Kleppin, Chris) (Entered: 03/09/2017)
592017-03-09 Unopposed MOTION for Extension of Time To Respond to Defendants' Motion to Sever Plaintiffs' Claims re 52 MOTION to Sever Rosario's claim by Patricia Gonzalez, Lesha Rosario. Responses due by 3/23/2017 (Attachments: # 1 Text of Proposed Order)(Kleppin, Chris) (Entered: 03/09/2017)
602017-03-10 ENDORSED ORDER denying 58 Motion for Extension of Time. For lack of good cause shown, Plaintiffs' Motion is denied. Signed by Judge Donald M. Middlebrooks on 3/10/2017. (kcr) (Entered: 03/10/2017)
612017-03-10 ENDORSED ORDER granting 59 Motion for Extension of Time. The deadline for Plaintiffs to respond to Defendant's Motion to Sever is March 16, 2017. Signed by Judge Donald M. Middlebrooks on 3/10/2017. (kcr) (Entered: 03/10/2017)
622017-03-10 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to 54 Plaintiff's MOTION for Summary Judgment And Incorporated Memorandum of Law In Support by James Batmasian, Marta Batmasian(individually ). (Attachments: # 1 Text of Proposed Order)(Coleman, Roderick) (Entered: 03/10/2017)
632017-03-13 ENDORSED ORDER denying 62 Motion for Extension of Time to File for lack of good cause. Signed by Judge Donald M. Middlebrooks on 3/13/2017. (kcr) (Entered: 03/13/2017)
642017-03-13 RESPONSE in Opposition re 56 Plaintiff's MOTION in Limine to Exclude Witnesses Who Did Not Appear for Deposition filed by James Batmasian(individually ), Marta Batmasian(individually ). Replies due by 3/20/2017. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Coleman, Roderick) (Entered: 03/13/2017)
652017-03-13 RESPONSE in Opposition re 55 Plaintiff's MOTION in Limine to Preclude Defendants from Admitting into Evidence Documents Produced Untimely filed by James Batmasian(individually ), Marta Batmasian(individually ). Replies due by 3/20/2017. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Coleman, Roderick) (Entered: 03/13/2017)
662017-03-13 MOTION to Strike 53 Statement, of Undisputed Facts in Support of Plaintiffs' Motion for Summary Judgment by James Batmasian(individually ), Marta Batmasian(individually ). Responses due by 3/27/2017 (Attachments: # 1 Exhibit A)(Coleman, Roderick) (Entered: 03/13/2017)
672017-03-13 RESPONSE in Opposition re 55 Plaintiff's MOTION in Limine Regarding Evidence of a Note and Mortgage and Loans filed by James Batmasian(individually ), Marta Batmasian(individually ). Replies due by 3/20/2017. (Coleman, Roderick) (Entered: 03/13/2017)
682017-03-13 NOTICE by James Batmasian(individually ), Marta Batmasian(individually ) re 54 Plaintiff's MOTION for Summary Judgment And Incorporated Memorandum of Law In Support of Filing Deposition Transcript of Jason Lazar (Attachments: # 1 Transcripts Jason Lazar) (Coleman, Roderick) (Entered: 03/13/2017)
692017-03-13 Plaintiff's RESPONSE to 49 Statement, by Patricia Gonzalez, Lesha Rosario. (Attachments: # 1 Index to Statement of Facts, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit)(Kleppin, Chris) (Entered: 03/13/2017)
702017-03-13 MOTION to Strike 53 Statement, declaration of patricia gonzalez by James Batmasian(individually ), Marta Batmasian(individually ). Responses due by 3/27/2017 (Coleman, Roderick) (Entered: 03/13/2017)
712017-03-13 RESPONSE in Opposition re 48 MOTION for Summary Judgment as to Patricia Gonzalez filed by Patricia Gonzalez. Replies due by 3/20/2017. (Kleppin, Chris) (Entered: 03/13/2017)
722017-03-13 RESPONSE in Opposition re 54 Plaintiff's MOTION for Summary Judgment And Incorporated Memorandum of Law In Support filed by James Batmasian(individually ), Marta Batmasian(individually ). Replies due by 3/20/2017. (Attachments: # 1 Exhibit A)(Coleman, Roderick) (Entered: 03/13/2017)
732017-03-13 Plaintiff's MOTION for Extension of Time To File Mediator's Report re 57 Order, by Patricia Gonzalez, Lesha Rosario. Responses due by 3/27/2017 (Kleppin, Chris) (Entered: 03/13/2017)
742017-03-13 (STRICKEN per DE 81 ) RESPONSE in Opposition re 50 MOTION to Dismiss 1 Complaint as to Lesha Rosario's claim filed by Lesha Rosario. Replies due by 3/20/2017. (Attachments: # 1 Unilateral Notice of Taking Deposition, # 2 Affidavit of Chris Kleppin, # 3 Email and Discovery Served on Defendants' They Diregarded in Violation of Rule 37(d))(Kleppin, Chris) Modified text on 3/15/2017 (mc). (Entered: 03/13/2017)
752017-03-14 FINAL MEDIATION REPORT by Mark A. Buckstein. Disposition: Case did not settle.(Coleman, Roderick) (Entered: 03/14/2017)
762017-03-14 Plaintiff's RESPONSE to 75 Mediation Report by Patricia Gonzalez, Lesha Rosario. (Kleppin, Chris) (Entered: 03/14/2017)
772017-03-14 FINAL SUPPLEMENTAL MEDIATION REPORT by Mark Buckstein. Disposition: Case did not settle.(Kleppin, Chris) (Entered: 03/14/2017)
782017-03-14 Clerks Notice to Filer re 74 Response in Opposition to Motion. Docket Text Does Not Match Document; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the correct image. (mc) (Entered: 03/14/2017)
792017-03-14 ENDORSED ORDER granting 73 Motion for Extension of Time. The deadline to file the Mediator's Report is extended to March 14, 2017. Signed by Judge Donald M. Middlebrooks on 3/14/2017. (kcr) (Entered: 03/14/2017)
802017-03-14 ENDORSED ORDER. The deadline for Plaintiffs to respond to Defendants' Motion to Strike Statement of Undisputed Facts (DE 66) is March 20, 2017. The deadline for Plaintiffs to respond to Defendants' Motion to Strike Declaration (DE 70) is March 20, 2017. Signed by Judge Donald M. Middlebrooks on 3/14/2017. (kcr) (Entered: 03/14/2017)
812017-03-14 NOTICE of Striking 74 Response in Opposition to Motion, filed by Lesha Rosario by Patricia Gonzalez, Lesha Rosario (Kleppin, Chris) (Entered: 03/14/2017)
822017-03-14 RESPONSE to Motion re 50 MOTION to Dismiss 1 Complaint as to Lesha Rosario's claim filed by Lesha Rosario. Replies due by 3/21/2017. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Kleppin, Chris) (Entered: 03/14/2017)
832017-03-15 RESPONSE in Opposition re 52 MOTION to Sever Rosario's claim filed by Patricia Gonzalez, Lesha Rosario. Replies due by 3/22/2017. (Attachments: # 1 Email, dated Feb. 6, 2017, # 2 Email, dated Feb. 8, 2017)(Kleppin, Chris) (Entered: 03/15/2017)
842017-03-15 REPLY to Response to Motion re 54 Plaintiff's MOTION for Summary Judgment And Incorporated Memorandum of Law In Support filed by Patricia Gonzalez, Lesha Rosario. (Attachments: # 1 Affidavit Third Declaration of James Baker, # 2 Deposition Designations for Jason Lazar, # 3 Email dated Feb. 7, 2017, # 4 Email dated Feb. 8, 2017)(Kleppin, Chris) (Entered: 03/15/2017)
852017-03-16 RESPONSE in Opposition re 66 MOTION to Strike 53 Statement, of Undisputed Facts in Support of Plaintiffs' Motion for Summary Judgment filed by Patricia Gonzalez, Lesha Rosario. Replies due by 3/23/2017. (Attachments: # 1 Unilateral Notice of Taking Deposition, # 2 Email, dated Feb. 7, 2017, # 3 Email, dated Feb. 8, 2017)(Kleppin, Chris) (Entered: 03/16/2017)
862017-03-16 Amended MOTION to Strike 53 Statement, of Undisputed Facts in Support of Plaintiffs' Motion for Summary Judgment by James Batmasian(individually ), Marta Batmasian(individually ). Responses due by 3/30/2017 (Attachments: # 1 Exhibit A)(Coleman, Roderick) (Entered: 03/16/2017)
872017-03-16 RESPONSE to Motion re 70 MOTION to Strike 53 Statement, declaration of patricia gonzalez filed by Patricia Gonzalez, Lesha Rosario. Replies due by 3/23/2017. (Attachments: # 1 Deposition excerpt pages of Amber Venzal, # 2 Deposition excerpt pages of Glaister Newman, # 3 Deposition excerpt pages of Marta Batmasian, # 4 Deposition excerpt pages of James Batmasian, # 5 Deposition excerpt pages of Daron Tersakyn)(Kleppin, Chris) (Entered: 03/16/2017)
882017-03-16 (STRICKEN per DE 89 ) REPLY to Response to Motion re 55 Plaintiff's MOTION in Limine To Preclude Defendant From Using At Trial Untimely Disclosed Documents filed by Patricia Gonzalez, Lesha Rosario. (Kleppin, Chris) Modified text on 3/17/2017 (mc). (Entered: 03/16/2017)
892017-03-16 NOTICE of Striking 88 Reply to Response to Motion filed by Patricia Gonzalez, Lesha Rosario by Patricia Gonzalez, Lesha Rosario (Kleppin, Chris) (Entered: 03/16/2017)
902017-03-16 REPLY to Response to Motion re 55 Plaintiff's MOTION in Limine filed by Patricia Gonzalez, Lesha Rosario. (Kleppin, Chris) (Entered: 03/16/2017)
912017-03-16 REPLY to Response to Motion re 56 Plaintiff's MOTION in Limine to Exclude Witnesses Who Did Not Appear for Deposition filed by Patricia Gonzalez, Lesha Rosario. (Attachments: # 1 Deposition Excerpts of Amber Venzal, # 2 Email, dated Feb. 7, 2017, # 3 Email, dated Feb. 8, 2017)(Kleppin, Chris) (Entered: 03/16/2017)
922017-03-17 RESPONSE to Motion re 86 Amended MOTION to Strike 53 Statement, of Undisputed Facts in Support of Plaintiffs' Motion for Summary Judgment filed by Patricia Gonzalez, Lesha Rosario. Replies due by 3/24/2017. (Attachments: # 1 E-Mail and Notice of Taking Deposition, # 2 E-Mail dated Feb. 6, 2017, # 3 E-mail dated Feb. 8, 2017)(Kleppin, Chris) (Entered: 03/17/2017)
932017-03-17 ENDORSED ORDER denying as moot 66 Motion to Strike. light of the filing of Defendants' Amended Motion to Strike, Defendants' Motion to Strike is denied as moot. Signed by Judge Donald M. Middlebrooks on 3/17/2017. (kcr) (Entered: 03/17/2017)
942017-03-17 ENDORSED ORDER. The deadline to file a response to Defendants' Amended Motion to Strike (DE 86) is March 23, 2017. The deadline to file a reply in support of Defendants' Amended Motion to Strike (DE 86) is March 30, 2017. Signed by Judge Donald M. Middlebrooks on 3/17/2017. (kcr) (Entered: 03/17/2017)
952017-03-20 ORDER denying 50 Motion to Dismiss Rosario's Claim. Signed by Judge Donald M. Middlebrooks on 3/20/2017. (mc) (Entered: 03/20/2017)
962017-03-20 REPLY to 82 Response to Motion to Dismiss Rosario's Claim by James Batmasian(individually ), Marta Batmasian(individually ). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Coleman, Roderick) (Entered: 03/20/2017)
972017-03-20 Defendant's REPLY to 71 Response in Opposition to Motion for Summary Judgment by James Batmasian(individually ), Marta Batmasian(individually ). (Coleman, Roderick) (Entered: 03/20/2017)
982017-03-20 MOTION for Extension of Time to file response to Plaintiffs' Statement of Material Facts Out of Time re 53 Statement, by James Batmasian(individually ), Marta Batmasian(individually ). Responses due by 4/3/2017 (Attachments: # 1 Exhibit 1)(Coleman, Roderick) (Entered: 03/20/2017)
992017-03-20 Defendant's MOTION to Strike 69 Response/Reply (Other), Portions of Plaintiffs' Statement of Facts in Opp to Motion for Summary Judgment by James Batmasian(individually ), Marta Batmasian(individually ). Responses due by 4/3/2017 (Coleman, Roderick) (Entered: 03/20/2017)
1002017-03-20 Defendant's REPLY to 83 Response in Opposition to Motion, to Sever by James Batmasian(individually ), Marta Batmasian(individually ). (Coleman, Roderick) (Entered: 03/20/2017)
1012017-03-21 Defendant's MOTION for Reconsideration re 95 Order on Motion to Dismiss by James Batmasian(individually ), Marta Batmasian(individually ). (Coleman, Roderick) (Entered: 03/21/2017)
1022017-03-22 Defendant's MOTION for Leave to File Sur Reply by James Batmasian(individually ), Marta Batmasian(individually ). (Attachments: # 1 Exhibit 1)(Coleman, Roderick) (Entered: 03/22/2017)
1032017-03-28 RESPONSE in Opposition re 98 MOTION for Extension of Time to file response to Plaintiffs' Statement of Material Facts Out of Time re 53 Statement, filed by Patricia Gonzalez, Lesha Rosario. Replies due by 4/4/2017. (Kleppin, Chris) (Entered: 03/28/2017)
1042017-03-28 RESPONSE in Opposition re 99 Defendant's MOTION to Strike 69 Response/Reply (Other), Portions of Plaintiffs' Statement of Facts in Opp to Motion for Summary Judgment filed by Patricia Gonzalez. Replies due by 4/4/2017. (Kleppin, Chris) (Entered: 03/28/2017)
1052017-03-28 RESPONSE in Opposition re 102 Defendant's MOTION for Leave to File Sur Reply filed by Patricia Gonzalez, Lesha Rosario. Replies due by 4/4/2017. (Kleppin, Chris) (Entered: 03/28/2017)
1062017-03-29 Defendant's REPLY to 92 Response to Motion, Amended Motion to Strike Portions of Statement of Undisputed Facts in Support of Plffs MSJ and Incorporated Memo by James Batmasian(individually ), Marta Batmasian(individually ). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Coleman, Roderick) (Entered: 03/29/2017)
1072017-03-29 ORDER DENYING CROSS-MOTIONS FOR SUMMARY JUDGMENT denying 48 Partial Motion for Summary Judgment; denying 54 Motion for Summary Judgment; denying as moot 70 Motion to Strike Declaration ; denying as moot 86 Motion to Strike SOF ; denying as moot 98 Motion for Extension of Time; denying as moot 99 Motion to Strike Responsive SOF. Signed by Judge Donald M. Middlebrooks on 3/29/2017. (mc) (Entered: 03/29/2017)
1082017-03-29 ORDER denying 52 Motion to Sever. Signed by Judge Donald M. Middlebrooks on 3/29/2017. (mc) (Entered: 03/29/2017)
1092017-03-29 ORDER denying without prejudice 56 Motion in Limine to Exclude Witnesses. Signed by Judge Donald M. Middlebrooks on 3/29/2017. (mc) (Entered: 03/29/2017)
1102017-04-03 Exhibit List by James Batmasian(individually ), Marta Batmasian(individually ).. (Coleman, Roderick) (Entered: 04/03/2017)
1112017-04-03 Witness List (Amended) by James Batmasian(individually ), Marta Batmasian(individually ).. (Coleman, Roderick) (Entered: 04/03/2017)
1122017-04-03 Exhibit List for Trial by Patricia Gonzalez, Lesha Rosario.. (Kleppin, Chris) (Entered: 04/03/2017)
1132017-04-03 Witness List for Trial by Patricia Gonzalez, Lesha Rosario.. (Kleppin, Chris) (Entered: 04/03/2017)
1142017-04-03 PRETRIAL STIPULATION (Joint) by Patricia Gonzalez, Lesha Rosario (Attachments: # 1 Plaintiffs' Exhibit List, # 2 Defendants' Exhibit List, # 3 Plaintiffs' Witness List, # 4 Defendants' Witness List, # 5 Plaintiffs' Objections to Defendants' Exhibit and Witness Lists)(Kleppin, Chris) (Entered: 04/03/2017)
1152017-04-03 RESPONSE in Opposition re 101 Defendant's MOTION for Reconsideration re 95 Order on Motion to Dismiss filed by Lesha Rosario. Replies due by 4/10/2017. (Attachments: # 1 Notice of Mediation in Waugh v. Home Depot Stores U.S.A., Inc., Set for February 7, 2017)(Kleppin, Chris) (Entered: 04/03/2017)
1162017-04-06 Defendant's MOTION for Leave to File Objections to Plaintiffs' Witness and Exhibit Lists Out of Time by James Batmasian(individually ), Marta Batmasian(individually ). (Attachments: # 1 Exhibit A)(Coleman, Roderick) (Entered: 04/06/2017)
116.1 Exhibit A
1172017-04-07 NOTICE by James Batmasian(individually ), Marta Batmasian(individually ) re 116 Defendant's MOTION for Leave to File Objections to Plaintiffs' Witness and Exhibit Lists Out of Time of Filing Proposed Order (Attachments: # 1 Text of Proposed Order) (Coleman, Roderick) (Entered: 04/07/2017)
1182017-04-07 ENDORSED ORDER. Any response to Defendant's Motion to File Objections (DE 116) is due April 11, 2017. Any reply in support is due April 13, 2017. Signed by Judge Donald M. Middlebrooks on 4/7/2017. (kcr) (Entered: 04/07/2017)
1192017-04-10 Defendant's REPLY to 115 Response in Opposition to Motion, for Rehearing by James Batmasian(individually ), Marta Batmasian(individually ). (Coleman, Roderick) (Entered: 04/10/2017)
1202017-04-11 RESPONSE in Opposition re 116 Defendant's MOTION for Leave to File Objections to Plaintiffs' Witness and Exhibit Lists Out of Time filed by Patricia Gonzalez, Lesha Rosario. Replies due by 4/18/2017. (Kleppin, Chris) (Entered: 04/11/2017)
1212017-04-13 ORDER denying 101 Defendant's Motion for Reconsideration. Signed by Judge Donald M. Middlebrooks on 4/13/2017. (mc) (Entered: 04/13/2017)
1222017-04-17 Defendant's REPLY to 120 Response in Opposition to Motion, to File Objections to Plaintiffs' Witness/Exhibit Lists Out of Time by James Batmasian(individually ), Marta Batmasian(individually ). (Coleman, Roderick) (Entered: 04/17/2017)
1232017-04-18 ORDER GRANTING DEFENDANTS' MOTION FOR LEAVE TO FILE OBJECTIONS AND REQUIRING PARTIES TO MEET AND CONFER. Defendant's Motion to File Objections to Plaintiffs' Witness and Exhibit Lists Out of Time DE 116 is GRANTED. The Parties must meet and confer, in person, to discuss their objections to each other's witness and trial exhibits. After meeting, the Parties must file a joint stipulation, listing any remaining objections by April 25, 2017. (Pretrial Stipulation due by 4/25/2017). Signed by Judge Donald M. Middlebrooks on 4/18/2017. (mc) (Entered: 04/18/2017)
1242017-04-19 Unopposed MOTION for Contempt To Hold Winston Copeland In Contempt Of Court For Failure To Obey Subpoena And Request To Secure His Presence For Deposition And Trial by Patricia Gonzalez, Lesha Rosario. Responses due by 5/3/2017 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Kleppin, Chris) (Entered: 04/19/2017)
1252017-04-20 Plaintiff's MOTION To Have Jury Trial The Second Week Of The Trial Calendar (If The Case Is Tried This Calendar) by Patricia Gonzalez, Lesha Rosario. (Attachments: # 1 Text of Proposed Order)(Kleppin, Chris) (Entered: 04/20/2017)
1262017-04-20 NOTICE by Patricia Gonzalez, Lesha Rosario re 124 Unopposed MOTION for Contempt To Hold Winston Copeland In Contempt Of Court For Failure To Obey Subpoena And Request To Secure His Presence For Deposition And Trial of Filing Proposed Order Regarding D.E. 124 (Attachments: # 1 Text of Proposed Order) (Kleppin, Chris) (Entered: 04/20/2017)
1272017-04-21 RESPONSE to Motion re 124 Unopposed MOTION for Contempt To Hold Winston Copeland In Contempt Of Court For Failure To Obey Subpoena And Request To Secure His Presence For Deposition And Trial filed by James Batmasian(individually ), Marta Batmasian(individually ). Replies due by 4/28/2017. (Coleman, Roderick) (Entered: 04/21/2017)
1282017-04-24 Proposed Jury Instructions by Patricia Gonzalez, Lesha Rosario. (Kleppin, Chris) (Entered: 04/24/2017)
1292017-04-24 ORDER denying 125 Motion to Have Jury Trial the Second Week of the Trial Calendar. Signed by Judge Donald M. Middlebrooks on 4/24/2017. (mc) (Entered: 04/24/2017)
1302017-04-24 ORDER granting in part and denying in part 124 Plaintiff's Unopposed Motion for Contempt and to Compel Deposition. Winston Copeland must appear for a deposition, on a date agreed to by the Parties, but no later than April 30, 2017. If Winston Copeland does not appear, he must show cause by April 30, 2017 why he should not be held in contempt. (Show Cause Response due by 4/30/2017). Signed by Judge Donald M. Middlebrooks on 4/24/2017. (mc) (Entered: 04/24/2017)
1312017-04-24 Plaintiff's MOTION in Limine TO PRECLUDE DEFENDANT FROM ADMITTING INTO EVIDENCE ANY EVIDENCE REGARDING GONZALEZS BUILDING CLEANING ARRANGEMENT WITH DEFENDANTS AND THAT ANY VOUCHERS PROVIDED CAN BE A SET OFF TO OVERTIME OWED, AND VARIOUS EXHIBITS by Patricia Gonzalez, Lesha Rosario. (Attachments: # 1 Defendants' Exhibit List)(Kleppin, Chris) (Entered: 04/24/2017)
1322017-04-24 Proposed Jury Instructions by James Batmasian(individually ), Marta Batmasian(individually ). (Attachments: # 1 Exhibit proposed jury instruction, # 2 Exhibit verdict form - gonz, # 3 Exhibit verdict form - rosario)(Coleman, Roderick) (Entered: 04/24/2017)
1332017-04-26 Plaintiff's MOTION in Limine TO PRECLUDE DEFENDANTS FROM ATTEMPTING TO IMPROPERLY IMPEACH WITNESS JAMES BAKER WITH RESPECT TO HIS TAX FILINGS by Patricia Gonzalez, Lesha Rosario. (Kleppin, Chris) (Entered: 04/26/2017)
1342017-04-26 Plaintiff's MOTION in Limine TO PRECLUDE DEFENDANT FROM ATTEMPTING TO IMPROPERLY IMPEACH PLAINTIFF ROSARIO WITH THE FACT THAT SHE DID NOT REPORT UNDER THE TABLE CASH PAYMENTS ON HER TAXES by Patricia Gonzalez, Lesha Rosario. (Kleppin, Chris) (Entered: 04/26/2017)
1352017-04-26 Proposed Jury Instructions by Patricia Gonzalez, Lesha Rosario. (Kleppin, Chris) (Entered: 04/26/2017)
1362017-04-26 PAPERLESS Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Calendar Call/Status Conference held on 4/26/2017. Attorney Appearance(s): Chris Kleppin, Esq. and Roderick Flynn Coleman, Esq. Parties advise that they are ready to begin trial on Monday, May 1, 2017 at 9:00 am. The Parties shall notify Chambers by 3:00 pm on Friday, April 28, 2017 if this case settles so that the jurors may be notified not to attend. If such notice is not given, then the Parties will be assessed the juror costs, including attendance fees, mileage, and subsistence. See Local Rule 47.1. Total time in court: 25 minutes. Court Reporter: Diane Miller, 561-514-3728 / [email protected] NOTICE OF NEW POLICY RE ELECTRONIC SUBMISSION OF EXHIBITS. Unless otherwise ordered by the presiding Judge, Administrative Order 2016-70 directs that within three (3) days of the conclusion of a proceeding, parties must file in the CMECF system electronic versions of most documentary exhibits admitted into evidence (excluding sealed exhibits in criminal cases), including photographs of non-documentary physical exhibits. At the time of filing the electronic exhibits, the attorney for the filing party shall complete and file a Certificate of Compliance Re Admitted Evidence. Electronically filed exhibits are subject to CM/ECF Administrative Procedures, Section 6, Redaction of Personal Information, Privacy Policy, and Inappropriate Materials. Failure to file the electronic exhibits and Notice of Compliance within three (3) days may result in the imposition of sanctions. The Certificate of Compliance Re Admitted Evidence, a Quick Reference Guide to Electronically Filing Trial Exhibits, and the full text of Administrative Order 2016-70 can be found at the Courts website, http://www.flsd.uscourts.gov (gm1) (Entered: 04/26/2017)
1372017-04-27 Plaintiff's MOTION in Limine TO PRECLUDE DEFENDANT FROM ARGUING OR ELICITING TESTIMONY THAT TO MEET THE EXEMPTIONS THAT THE DEFENDANTS SUBJECTIVE BELIEF AS TO THEIR ALLEGED SUBJECTIVE VIEW OF THE MOST IMPORTANT DUTY OF GONZALEZ CONTROLS AND TESTIMONY THAT GONZALEZ RAN THE ALLEGED BROWARD OFFICE DOES THE SAME by Patricia Gonzalez, Lesha Rosario. (Kleppin, Chris) (Entered: 04/27/2017)
1382017-05-01 Proposed Jury Instructions by Patricia Gonzalez, Lesha Rosario. (Kleppin, Chris) (Entered: 05/01/2017)
1392017-05-01 Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Jury Trial begun on 5/1/2017. Jury Trial continues on Tuesday, 5/2/2017 at 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Court Reporter: Diane Miller, 561-514-3728 / [email protected] (gm1) (Entered: 05/02/2017)
1402017-05-02 Proposed Jury Instructions by James Batmasian(individually ), Marta Batmasian(individually ). (Coleman, Roderick) (Entered: 05/02/2017)
1412017-05-02 Proposed Jury Instructions by Patricia Gonzalez, Lesha Rosario. (Kleppin, Chris) (Entered: 05/02/2017)
1422017-05-02 Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Jury Trial held on 5/2/2017. Day 2. Jury Trial continues on Wednesday, 5/3/2017 at 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Court Reporter: Diane Miller, 561-514-3728 / [email protected] (gm1) (Entered: 05/03/2017)
1432017-05-03 Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Jury Trial held on 5/3/2017. Day 3. Jury returned a verdict. Court Reporter: Diane Miller, 561-514-3728 / [email protected] (gm1) (Entered: 05/03/2017)
1442017-05-03 Court's Instructions to the Jury. (gm1) (Entered: 05/03/2017)
1452017-05-03 Exhibit List by Patricia Gonzalez. (gm1) (Entered: 05/03/2017)
1462017-05-03 Exhibit List by James Batmasian and Marta Batmasian. (gm1) (Entered: 05/03/2017)
1472017-05-03 Jury Note to the Court. (gm1) (Additional attachment(s) added on 5/3/2017: # 1 Restricted Unredacted Jury Note/Verdict) (gm1). (Entered: 05/03/2017)
1482017-05-03 JURY VERDICT (gm1) (Additional attachment(s) added on 5/3/2017: # 1 Restricted Unredacted Jury Note/Verdict) (gm1). (Entered: 05/03/2017)
1492017-05-03 ORDER ON APPLICATION OF STATUTE OF LIMITATIONS. Signed by Judge Donald M. Middlebrooks on 5/3/2017. (mc) (Entered: 05/04/2017)
1502017-05-03 ORDER ON STANDARD OF PROOF ON FLSA EXEMPTION AFFIRMATIVE DEFENSES. The preponderance of the evidence standard governs and that aspect of Plaintiffs' Proposed Jury Instructions DE 141 is DENIED. Signed by Judge Donald M. Middlebrooks on 5/3/2017. (mc) (Entered: 05/04/2017)
1512017-05-04 Plaintiff's MOTION for the Imposition of Liquidated Damages , Plaintiff's MOTION for Judgment (Entry of Separate Final Judgment) by Patricia Gonzalez. (Attachments: # 1 Proposed Final Judgment, # 2 Text of Proposed Order)(Kleppin, Chris) (Entered: 05/04/2017)
1522017-05-05 MOTION for Judgment as a Matter of Law with Incorporated Memorandum of Law by James Batmasian(individually ), Marta Batmasian(individually ). (Coleman, Roderick) (Entered: 05/05/2017)
1532017-05-05 NOTICE by Patricia Gonzalez, Lesha Rosario Of Filing Plaintiffs' Documentary Exhibits Admitted Into Evidence At Trial (Attachments: # 1 Plaintiffs' Exhibit 4 - Investments Limited Employee Handbook, # 2 Plaintiffs' Exhibit 14 - Employment Action/Data Report, # 3 Plaintiffs' Exhibit 16 - E-Mail from Jim Baker to Nancy Tyson dated August 27, 2010, # 4 Plaintiffs' Exhibit 44 - Memo to Jim Batmasian from Patricia Gonzalez dated July 31, 2009, # 5 Plaintiffs' Exhibit 51 - Investments Limited Compensation Report dated 7/23/2015, # 6 Plaintiffs' Exhibit 52 - Investments Limited Compensation Report dated 11/8/2013, # 7 Plaintiffs' Exhibit 53 - Email from Patricia Gonzalez to Marta Batmasian re: Insurance dated September 27, 2013, # 8 Plaintiffs' Exhibit 77 - Email from Nancy Tyson to James Baker dated May 5, 2008, # 9 Plaintiffs' Exhibit 79 - Memo from the Desk of James Batmasian dated Jan. 22 2010, # 10 Plaintiffs' Exhibit 140 - Business card of Patricia Gonzalez - Commercial Leasin Agent, # 11 Plaintiffs' Exhibit 141 - Business card of Patricia Gonzalez - Tenant Account Manager) (Kleppin, Chris) (Entered: 05/05/2017)
1542017-05-05 NOTICE of Compliance Plaintiffs' Certificate of Compliance Re: Admitted Evidence At Trial by Patricia Gonzalez, Lesha Rosario re 153 Notice (Other),,,, filed by Patricia Gonzalez, Lesha Rosario, 136 Calendar Call, Status Conference,,,,,,,,,,,,,, (Kleppin, Chris) (Entered: 05/05/2017)
1552017-05-05 NOTICE by James Batmasian(individually ), Marta Batmasian(individually ) of Filing Defendants' Exhibits Admitted into Evidence at Trial (Attachments: # 1 Exhibit Defts Exh #5:Gonz. memo/release, # 2 Exhibit Defts. Exh #98:Rosario timecards/pay records, # 3 Exhibit Defts Exh #42: 1/24/12 email, # 4 Exhibit DeftsExh #43: 4/12/12 email, # 5 Exhibit Defts Exh #44: 10/18/12 email, # 6 Exhibit Defts Exh #45: 9/5/14 email, # 7 Exhibit Defts Exh #46: 11/17/14 email, # 8 Exhibit Defts Exh #47: 4/1/15 email, # 9 Exhibit Defts Exh #48: 4/28/15 email, # 10 Exhibit Defts Exh #49: 6/30/15 email, # 11 Exhibit Defts Exh #52: 8/22/14 email, # 12 Exhibit Defts Exh #53: 12/20/13 email, # 13 Exhibit Defts: Exh #55: 3/14/12 email, # 14 Exhibit Defts Exh #58: 8/26/15 recommendation letter, # 15 Exhibit Defts Exh #73: $2500 check request, # 16 Exhibit Defts Exh #89: employee earning record - Gonzalez, # 17 Exhibit Defts Exh #90: Gonzalez thank you note, # 18 Exhibit Defts Exh #91: Employee compenation and salary history - Gonzalez) (Coleman, Roderick) (Entered: 05/05/2017)
1562017-05-05 Defendant's CERTIFICATE of Compliance Re Admitted Evidence at Trial by Roderick Flynn Coleman on behalf of James Batmasian(individually ), Marta Batmasian(individually ) (Coleman, Roderick) (Entered: 05/05/2017)
1572017-05-17 ORDER ON DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW AS TO PLAINTIFF LESHA ROSARIO. Judgment is ENTERED against Plaintiff Lesha Rosario on her FLSA claim and in favor of Defendants James Batmasian and Marta Batmasian. Signed by Judge Donald M. Middlebrooks on 5/17/2017. (mc) (Entered: 05/17/2017)
1582017-05-17 ORDER DENYING PLAINTIFFS' MOTION IN LIMINE SUBJECT TO OBJECTION AT TRIAL re 55 Motion in Limine; 131 Motion in Limine; 133 Motion in Limine; 134 Motion in Limine; 137 Motion in Limine. Signed by Judge Donald M. Middlebrooks on 5/17/2017. (mc) (Entered: 05/17/2017)
1592017-05-17 ORDER denying 152 Motion for Judgment as a Matter of Law as to Plaintiff Patricia Gonzalez. Signed by Judge Donald M. Middlebrooks on 5/17/2017. (mc) (Entered: 05/17/2017)
1602017-05-17 ORDER granting 151 Motion for the Imposition of Liquidated Damages and Entry of Final Judgment; granting 151 Motion for Judgment. Signed by Judge Donald M. Middlebrooks on 5/17/2017. (mc) (Entered: 05/17/2017)
1612017-05-17 FINAL JUDGMENT in favor of Plaintiff Patricia Gonzalez against Defendants James Batmasian and Marta Batmasian. The Clerk of Court shall CLOSE THIS CASE. Signed by Judge Donald M. Middlebrooks on 5/17/2017. (mc) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 05/17/2017)