UNITED STATES DISTRICT CO URT

SOUTH ERN DISTRICT OF FLORIDA

CASE NO. 20-23216-C1V-UNGARO/O'Sullivan

CARLOS TOLEDO,

Plaintiff,

C4PLANNING SOLj., LL/.,

Defendants.

ORDER AND REFERRAL IN ACTIONS BR OUGHT UNDER THE FAIR LABOR

STANDARDS ACT

THIS M ATTER cam e before the Court sua sponte.The Complaint in this action is filed

tmder the Fair Labor Standards Act, 29 U.S.C. j 201 et seq., (t$FLSA''). In order to assist the Coul't

in the m anagement of this case, and in an effort to foster early and cost-effective resolution, the

parties are ORDERED to com ply with the following procedures:

Under Rule 8 of the Federal Rules of Civil Procedure, a plaintiff is required to state

a (tshort and plain statem ent of the claim .'' W hile this Rule places only a light burden on a plaintiff,

the Court requires complaints filed under the FLSA to include, at a m inimum , a statem ent set4ing

forth the following with respect to each Plaintiffts):

a. An initial estim ate of the total amount of alleged unpaid wages',

b. A preliminary calculation of such wages',

C. The approxim ate period during which the alleged FLSA violations occurred;

and

d. The nature of the wages (e.g., overtime or straight time).

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Plaintiff is directed to file a Sstatement of Claim'' (and if the Complaint does not contain the

foregoing information, alz amended complaint that conforms to these requirements), by

SEPTEM BER 4, 2020. Plaintiff shall promptly serve a copy of this Order, the Statem ent of Claim ,

and copies of g..tl supporting documents (including time sheets, pay stubs, etc.) upon counsel for

Defendantts) once an appearance has been made or at the time the Statement of Claim is filed (if

defense counsel has already appeared).

Defendantts) shall then file a tdResponse to Plaintiff's Statement of Claim'' setting

fol'th in detail any defenses to Plaintiff s claimts) and serve copies of a1l supporting documents within

twenty (20) days of being served with Plaintiff's Statement of Claim.

This matter is REFERRED forpup oses of a settlement conference before M agistrate

Judge Jolm l. O'Sullivan, to occurwithin fourteen (14) days of Defendantts) tiling its/theirResponse

to Plaintiff's Statem ent of Claim . Counsel shall confer and contact M agistrate Judge O'Sullivan's

Chambers prior to the due date for the response by Defendantts) to Plaintiff's statement of claim in

order to schedule the settlem ent conference. Except as provided under Local Rule 16.2.E, the

appearance of counsel and each party, or representatives of each pal'ty with full authority to enter into

a full and complete settlem ent, is mandatory. Appearance shall be in person; telephonic appearance

is prohibited absent court order. A11 discussions, representations, and statements m ade at the

settlement conference shall be confidential and privileged. If the case is settled at the settlement

conference, counsel shall promptly notify the Court by filing a notice of settlem ent signed by counsel

of record within seven (7) days of the conference.

4. In the event the settlem ent conference is unsuccessful, al1 paties are required to

participate in subsequent mediation, which shall take place by the deadline contained in the Court's

Scheduling Order, entered separately.

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Failure to comply with ANY of these procedures m ay result in the imposition of

appropriate sanctions, including but not lim ited to, the dism issal of this action or entry of default.

DONE AND ORDERED in Chambers at M iam i, Florida this day of August, 2020.

URSULA UNGAR O

UNITED STATES DISTRICT JUDG/

counsel of record

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