UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 22-23485-CIV-LENARD/LOUIS

IRAN SAEZ,

Plaintiff,

vs.

LOMAN DISTRIBUTORS, INC., a

Florida for profit corporation, and

MANUEL LOPEZ, individually,

Defendants.

________________________________/

NOTICE OF COURT PROCEDURE IN ACTIONS BROUGHT UNDER THE FAIR LABOR

STANDARDS ACT AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT

CONFERENCE

THIS MATTER is before the Court upon a sua sponte review of the record. The Complaint

in this action is filed under the Fair Labor Standards Act, 29 U.S.C. § 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 hereby ORDERED to comply with the

following procedures:

1. 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, it does require that a plaintiff “give the defendant fair notice of what

the plaintiff’s claim is and the grounds upon which it rests.” Swierkiewicz v. Sorema, N.A.,

534 U.S. 506, 512 (2002) (citing Conley v. Gibson, 355 U.S. 41, 47 (1957)). A Complaint

filed under the FLSA shall include, at a minimum, a statement setting forth the following

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Case No. 22-23485-CIV-LENARD/LOUIS

with respect to each Plaintiff(s):

a. An initial estimate of the total amount of alleged unpaid wages; 

b. A preliminary calculation of such wages; 

c. The approximate period during which the alleged violations occurred;

and

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

Plaintiff is directed to file a “Statement of Claim” and/or file an Amended Complaint that

conforms with these requirements within twenty (20) days from the date of this Order. 

Plaintiff shall promptly serve a copy of this Notice of Court Procedure, the Statement of

Claim, and copies of all supporting documents (including time sheets, pay stubs, etc.) upon

Defendant’s counsel once an appearance has been made or at the time the Statement of

Claim is filed (if defense counsel has already appeared);

2. Defendant shall then file a “Response to Plaintiff’s Statement of Claim”

setting forth in detail its 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;

3. This matter is REFERRED for purposes of a settlement conference before

Magistrate Judge Lauren F. Louis, to occur within twenty (20) days of Defendant filing its

Response to Plaintiff’s Statement of Claim. Counsel shall confer and contact Magistrate

Judge Louis’ Chambers prior to the due date for Defendant’s Response to Plaintiff’s

Statement of Claim in order to schedule the settlement conference. Except as provided

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Case No. 22-23485-CIV-LENARD/LOUIS

under Local Rule 16.2.E, the appearance of counsel and each party, or representatives of

each party with full authority to enter into a full and complete settlement, is mandatory. 

Appearance shall be in person; telephonic appearance is prohibited absent Court Order. 

All discussions, representations, and statements made at the settlement conference shall be

confidential and privileged. 

4. In the event the settlement conference is unsuccessful, all parties are required to

participate in subsequent mediation, which shall take place within two (2) weeks after the date on

which all fact discovery is to be completed;

5. In the event that similarly-situated individual(s) wish to become party plaintiff(s) after

the filing of the original Complaint, such individual(s) shall file their consent to do so in writing, see

29 U.S.C. § 216(b), together with an affidavit(s) stating the following:

a. Why the affiant believes (s)he is similarly situated to the original named

plaintiff(s);

b. An initial estimate of the total amount of his/her alleged unpaid 

wages;

c. A preliminary calculation of such wages;

d The approximate period during which the alleged violations occurred;

e. The nature of the wages (e.g. overtime or straight time); and

f. If the affiant has personal knowledge of other similarly-situated

individual(s) apart from the original named plaintiff(s), the affidavit shall

contain the name of such similarly-situated individual(s), and shall also state

why the affiant believes such individual(s) are similarly situated.

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Case No. 22-23485-CIV-LENARD/LOUIS

6. Counsel for Plaintiff(s) shall follow the procedure outlined above and SHALL

NOT file motion(s) to amend the Complaint to include additional opt-in plaintiff(s) or

circumvent the above procedure by the filing of separate, related cases against the same

Defendant(s). Further, counsel for Plaintiff(s) shall adhere to the deadline for filing all opt-in

consents and affidavits as determined by the parties in the Joint Scheduling Report;

7. 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.

DONE AND ORDERED in Chambers at Miami, Florida this 27th day of October,

2022.

________________________________

JOAN A. LENARD

Senior United States District Judge

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