UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 1:20-cv-22603-GOODMAN

[CONSENT]

ERIC CHAVEZ and

LEONEL DIAZ

Plaintiffs,

v.

GRILL ENTERPRISES, LLC, a

Florida Limited Liability Company, d/b/a

Los Parrilleros and Parrilleros Tavern, and

RUBEN SIERRA, individually, 

Defendants.

_____________________________/ 

POST-PRETRIAL CONFERENCE ADMINISTRATIVE ORDER

On April 26, 2023, the Undersigned held an extensive, two-hour-and-fifteenminute Zoom Pretrial Conference. [ECF Nos. 130; 134; 146]. At the pretrial conference, the 

Undersigned ordered as follows:

JOINT NEUTRAL SUMMARY

By 5:00 PM on Friday, April 28, 2023 the parties will file “a joint, neutral summary 

of the claims and defenses in the case, not to exceed one short paragraph per claim, to 

be read as an introduction for voir dire examination,” in compliance with the Scheduling 

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Order [ECF No. 130, p. 2].

JOINT PROPOSED JURY INSTRUCTIONS (AND VERDICT FORM)

The parties will submit joint, proposed jury instructions (and a verdict form) by 

Monday, May 1, 2023, as required by the Scheduling Order [ECF No. 130]. A flash drive 

containing saved drafts of the proposed jury instructions and verdict form (in Microsoft 

Word format) shall be delivered to Chambers by 4:00 PM. The parties’ joint submission 

will be in the format set forth in the Scheduling Order (i.e., Palatino Linotype 14-point 

typeface, italics/bold-face for objected-to instructions, etc.).

Plaintiffs contend that “[w]hether the FLSA [was] enacted in part to curtail unfair 

methods of competition,” [ECF No. 144, p. 13], is a legal issue to be determined by the 

Court. At the Pretrial Conference, the Court ruled that this was not a legal issue in this 

case. Nonetheless, to the extent Plaintiffs wish to persuade the Court that it should give a 

jury instruction on this issue (a position urged by Plaintiffs’ counsel), they may include a 

proposed jury instruction (supported by legal authority) as part of the parties’ May 1, 

2023 proposed jury instructions/verdict form submission. If the proposed jury instruction 

is opposed, then Plaintiffs will submit the proposed jury instruction in italics. See [ECF 

No. 130, p. 3 (“Instructions and questions proposed only by Plaintiff[(s)] to which 

Defendant(s) objects shall be italicized.” (emphasis in original))].

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OMNIBUS MEMORANDUM OF LAW ON LEGAL ISSUES

By Thursday, May 4, 2023, each side will submit an omnibus memorandum of law 

(supported by applicable legal authority) addressing all 28 legal issues listed in section 8 

(paragraphs a through bb, but not “gg”) of the parties’ Joint Pretrial Stipulation [ECF No. 

144]. The parties will devote no more than half a page per issue (i.e., no more than 19 

pages, per side). For each issue, the party will answer the legal question “yes” or “no” 

and state why, based on applicable legal authority, the Court should rule in that party’s 

favor. If the parties agree on any of the 28 legal issues, then they may omit the half-page 

answer and advise the Court of their agreement in their submission.

ELECTRONIC EQUIPMENT

By Wednesday, May 3, 2023, any party wishing to bring electronic equipment into 

the Courtroom will file a motion for leave on CM/ECF (accompanied by a certificate of 

conferral) and a proposed Order. The proposed Order will list by name the persons 

bringing the electronic equipment and shall include a detailed description of the 

equipment. A copy of the proposed Order will be submitted to the Undersigned’s 

CM/ECF mailbox (goodman@flsd.uscourts.gov) in Microsoft Word format.

ACCESS AND AMENDED OBJECTIONS TO EXHIBITS

Each side has the right to examine, before trial, all exhibits (other than exhibits for 

purely impeachment purposes) which the other side intends to introduce. By Thursday, 

May 4, 2023, each party will make available to the other side all exhibits -- other than 

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exhibits solely for impeachment purposes -- which that party intends to offer at trial.

The exhibits will be in numerical order, organized according to the exhibit 

numbers on the exhibit list. Payroll records will be organized in chronological order. If a 

party or its counsel does not wish to physically inspect the exhibits at an off-site location, 

then counsel can obtain a master copy of all exhibits, in appropriate numerical order, at 

counsel’s expense.

By Friday, May 5, 2023 at noon, each side will file a revised set of objections to the 

other side’s exhibit list. The Court expects the parties to file streamlined, amended 

objections to the other side’s exhibits. The objections must be sound objections and cannot 

be asserted on a tit-for-tat basis, merely because opposing counsel interposed objections 

to the exhibits.

MEMORANDUM OF LAW CONCERNING THE WH-58 FORM

By Tuesday, May 2, 2023, Defendants will submit a memorandum of law 

explaining why the WH-58 form and other documents from the Department of Labor 

(“DOL”) investigation are admissible. Defendants may include affidavits or declarations 

to support their argument. The memorandum should also explain how these documents 

will be properly authenticated in the absence of a DOL witness or an attestation or other 

authentication from the DOL.

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Plaintiffs will file a response memorandum by no later than Thursday, May 4, 

2023. Plaintiffs may include supporting affidavits or declarations. No further briefing on 

this issue is permitted, absent further and specific Court Order.

DONE AND ORDERED in Chambers, in Miami, Florida, on April 26, 2023.

Copies furnished to:

All counsel of record

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