This case was last updated from PACER on 12/22/2020 at 08:36:00 (UTC).

Giraldo v. Southern Operations LLC, et al

Case Summary

On 10/23/2020 Giraldo filed a Labor - Labor Standard lawsuit against Southern Operations LLC. This case was filed in U.S. District Courts, Florida Southern District. The Judge overseeing this case is Donald L. Graham. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:20-CV-24371

  • Filing Date:

    10/23/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Labor Standard

  • Court:

    U.S. District Courts

  • Courthouse:

    Florida Southern District

Judge Details

Presiding Judge

Donald L. Graham

 

Party Details

Plaintiff

Ximena Giraldo

Defendants

John Kunkel

Southern Operations LLC doing business as Yardbird Southern Table & Bar

Attorney/Law Firm Details

Plaintiff Attorney

R Edward Rosenberg

1825 Ponce De Leon Blvd, #329

Coral Gables, FL 33134

Defendant Attorneys

Andrew Gordon Simon

Attorney at Cole, Scott ,Kissane

9150 S Dadeland Blvd, Suite 1400

Miami, FL 33156

John Cody German

Attorney at Cole Scott Kissane PA

9150 South Dadeland Boulevard, Suite 1400

Miami, FL 33156

 

Court Documents

#15

(#15) ORDER OF REFERENCE. ORDER REFERRING CASE to Magistrate Judge Chris M. McAliley for all Discovery matters. Signed by Senior Judge Donald L. Graham on 12/17/2020. See attached document for full details. (amb) (Entered: 12/17/2020)

#14

(#14) ORDER OF REFERENCE OF MOTIONS. The following motions are hereby referred to United States Magistrate Judge McAliley to take all necessary and proper action as required by law: Motions for Costs; Motions for Attorneys Fees; and Motions for Sanctions. Signed by Senior Judge Donald L. Graham on 12/17/2020. See attached document for full details. (amb) (Entered: 12/17/2020)

#12

(#12) SCHEDULING ORDER SETTING PRETRIAL CONFERENCE AND TRIAL DATES. SCHEDULING ORDER: Jury Trial set for 6/21/2021 before Senior Judge Donald L. Graham. Calendar Call set for 6/16/2021 02:00 PM before Senior Judge Donald L. Graham. Pretrial Conference set for 5/19/2021 02:00 PM before Senior Judge Donald L. Graham. Signed by Senior Judge Donald L. Graham on 12/17/2020. See attached document for full details. (amb) #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: 12/17/2020)

#11

(#11) ORDER OF REFERENCE FOR SETTLEMENT CONFERENCE. ORDER REFERRING CASE to Magistrate Judge Chris M. McAliley for Settlement. Signed by Senior Judge Donald L. Graham on 12/16/2020. See attached document for full details. (amb) (Entered: 12/17/2020)

#10

(#10) Minute Order for proceedings held before Senior Judge Donald L. Graham: Status Conference held on 12/16/2020. Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@flsd.uscourts.gov. (gfw) (Entered: 12/16/2020)

#9

(#9) STATUS REPORT by Ximena Giraldo (Rosenberg, R) (Entered: 12/01/2020)

#8

(#8) Joint Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge . Filed by Ximena Giraldo (Rosenberg, R) (Entered: 12/01/2020)

#7

(#7) Statement of: Response to Statement of Claim by John Kunkel, Southern Operations LLC re #6 Statement (Simon, Andrew) (Entered: 11/23/2020)

#6

(#6) Statement of: Claim by Ximena Giraldo re #3 Notice of Court Practice/to Appear/Other (Rosenberg, R) (Entered: 11/16/2020)

#5

(#5) NOTICE TELEPHONIC STATUS CONFERENCE. ORDER Setting Status Conference: Telephonic Status Conference set for 12/16/2020 02:00 PM before Senior Judge Donald L. Graham. Signed by Senior Judge Donald L. Graham on 11/9/2020. See attached document for full details. (amb) (Entered: 11/10/2020)

#4

(#4) Defendants ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Southern Operations LLC. (Simon, Andrew) (Entered: 11/09/2020)

#3

(#3) NOTICE OF COURT PRACTICE IN FLSA CASES. Signed by Senior Judge Donald L. Graham on 11/4/2020. See attached document for full details. (amb) (Entered: 11/04/2020)

1 #2

Exhibit

1 #1

Civil Cover Sheet

#1

(#1) NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $400.00. Pay.gov Agency Tracking ID AFLSDC-13748429, payment transferred from : 20cv24369 Ximena Giraldo vs. Southern Operations LLC, filed by John Kunkel, Southern Operations LLC d/b/a Yardbird Southern Table & Bar. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(Simon, Andrew) (No Answer/ Motion to Dismiss filed) Text Modified on 10/23/2020 (amb). Modified text on 11/5/2020 to reflect correct Agency Tracking ID number (bb). (Entered: 10/23/2020)

4 More Documents Available

 

Docket Entries

  • 12/17/2020
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  • Docket(#15) ORDER OF REFERENCE. ORDER REFERRING CASE to Magistrate Judge Chris M. McAliley for all Discovery matters. Signed by Senior Judge Donald L. Graham on 12/17/2020. See attached document for full details. (amb) (Entered: 12/17/2020)

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  • 12/17/2020
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  • Docket(#14) ORDER OF REFERENCE OF MOTIONS. The following motions are hereby referred to United States Magistrate Judge McAliley to take all necessary and proper action as required by law: Motions for Costs; Motions for Attorneys Fees; and Motions for Sanctions. Signed by Senior Judge Donald L. Graham on 12/17/2020. See attached document for full details. (amb) (Entered: 12/17/2020)

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  • 12/17/2020
  • Docket(#13) PAPERLESS ORDER. The Honorable Donald L. Graham referred this action to me to conduct a settlement conference by February 1, 2021. (ECF No. 11). In light of the COVID-19 pandemic, I will hold the settlement conference remotely via Zoom videoconferencing. NO LATER THAN December 31, 2020, the parties shall file a Joint Notice providing three (3) dates on which all parties and counsel are available to attend the settlement conference. The parties should note that the Undersigned is not available the week of January 25, 2021, as I am the assigned Magistrate Judge for criminal duty court that week. Signed by Magistrate Judge Chris M. McAliley on 12/17/2020. (nsy) (Entered: 12/17/2020)

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  • 12/17/2020
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  • Docket(#12) SCHEDULING ORDER SETTING PRETRIAL CONFERENCE AND TRIAL DATES. SCHEDULING ORDER: Jury Trial set for 6/21/2021 before Senior Judge Donald L. Graham. Calendar Call set for 6/16/2021 02:00 PM before Senior Judge Donald L. Graham. Pretrial Conference set for 5/19/2021 02:00 PM before Senior Judge Donald L. Graham. Signed by Senior Judge Donald L. Graham on 12/17/2020. See attached document for full details. (amb) #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: 12/17/2020)

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  • 12/16/2020
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  • Docket(#11) ORDER OF REFERENCE FOR SETTLEMENT CONFERENCE. ORDER REFERRING CASE to Magistrate Judge Chris M. McAliley for Settlement. Signed by Senior Judge Donald L. Graham on 12/16/2020. See attached document for full details. (amb) (Entered: 12/17/2020)

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  • 12/16/2020
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  • Docket(#10) Minute Order for proceedings held before Senior Judge Donald L. Graham: Status Conference held on 12/16/2020. Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@flsd.uscourts.gov. (gfw) (Entered: 12/16/2020)

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  • 12/01/2020
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  • Docket(#9) STATUS REPORT by Ximena Giraldo (Rosenberg, R) (Entered: 12/01/2020)

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  • 12/01/2020
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  • Docket(#8) Joint Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge . Filed by Ximena Giraldo (Rosenberg, R) (Entered: 12/01/2020)

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  • 11/23/2020
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  • Docket(#7) Statement of: Response to Statement of Claim by John Kunkel, Southern Operations LLC re #6 Statement (Simon, Andrew) (Entered: 11/23/2020)

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  • 11/16/2020
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  • Docket(#6) Statement of: Claim by Ximena Giraldo re #3 Notice of Court Practice/to Appear/Other (Rosenberg, R) (Entered: 11/16/2020)

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  • 11/09/2020
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  • Docket(#5) NOTICE TELEPHONIC STATUS CONFERENCE. ORDER Setting Status Conference: Telephonic Status Conference set for 12/16/2020 02:00 PM before Senior Judge Donald L. Graham. Signed by Senior Judge Donald L. Graham on 11/9/2020. See attached document for full details. (amb) (Entered: 11/10/2020)

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  • 11/09/2020
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  • Docket(#4) Defendants ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Southern Operations LLC. (Simon, Andrew) (Entered: 11/09/2020)

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  • 11/04/2020
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  • Docket(#3) NOTICE OF COURT PRACTICE IN FLSA CASES. Signed by Senior Judge Donald L. Graham on 11/4/2020. See attached document for full details. (amb) (Entered: 11/04/2020)

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  • 10/23/2020
  • Docket(#2) Clerks Notice of Judge Assignment to Senior Judge Donald L. Graham. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley 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. (amb) (Entered: 10/23/2020)

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  • 10/23/2020
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  • Docket(#1) NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $400.00. Pay.gov Agency Tracking ID AFLSDC-13748429, payment transferred from : 20cv24369 Ximena Giraldo vs. Southern Operations LLC, filed by John Kunkel, Southern Operations LLC d/b/a Yardbird Southern Table & Bar. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(Simon, Andrew) (No Answer/ Motion to Dismiss filed) Text Modified on 10/23/2020 (amb). Modified text on 11/5/2020 to reflect correct Agency Tracking ID number (bb). (Entered: 10/23/2020)

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