Plaintiffs’ Response to Defendants’ Motion to Stay Discovery and Pretrial Deadlines 

Pending Resolution of Motion to Compel Arbitration 

Page 1 of 4

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 22-23938-CIV-SCOLA 

BARBARA ALEXIS, and others, 

 Plaintiffs, 

v. 

NOMI HEALTH, INC., a Delaware Corporation, and 

MEDX STAFFING INC., a Utah Corporation, 

 Defendants. 

____________________________/ 

PLAINTIFFS’ RESPONSE TO DEFENDANTS’ MOTION TO STAY DISCOVERY AND 

PRETRIAL DEADLINES PENDING RESOLUTION OF MOTION TO COMPEL 

ARBITRATION 

Plaintiffs, BARBARA ALEXIS, et al., by and through their undersigned counsel, hereby 

file their response to Defendants’ Motion to Stay Discovery and Pretrial Deadlines Pending 

Resolution of Motion to Compel Arbitration and states as follows: 

Plaintiffs do not object to a stay pending the resolution of Defendants’ Motion to Compel 

Arbitration or, in the alternative, to Dismiss for Failure to State a Claim (DE 15). Plaintiffs do note 

two issues for the court. First, Defendants have only produced signed agreement for 46 of the 57 

Plaintiffs. The following Nine (9) Plaintiffs or Opt-In Plaintiffs do not have a signed agreement: 

 Kimberly Drake 

 Gina Delanay 

 Emma Jacinthe 

 Nadege Joseph 

 Samantha Mondesire 

 Quamea Richards 

 Lateechia Rule 

 Regine Desire 

 Yola Joseth 

Case 1:22-cv-23938-RNS Document 20 Entered on FLSD Docket 01/06/2023 Page 1 of 4
Plaintiffs’ Response to Defendants’ Motion to Stay Discovery and Pretrial Deadlines 

Pending Resolution of Motion to Compel Arbitration 

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Second, all Plaintiffs and Opt-In Plaintiffs, are entitled to their individual wage and hour records, 

pursuant to 29 U.S.C. §211. This obligation to provide wage and hour records to current and/or 

former employees who request them is an obligation that exists outside of the discovery process, 

and Defendants should provide those records to Plaintiffs and the Opt-In Plaintiffs even if this 

Court agrees to stay discovery and pretrial deadlines pending the resolution of Defendants’ request 

for arbitration. Plaintiffs have requested these records from Defendants to no avail. 

Regardless of whether this case remains in federal court or if this Court compels the cases 

to arbitration, Defendants will be required to provide those wage and hour records. Therefore, 

requiring Defendants to provide those records will not cause the parties to incur any costs or 

expend any resources that are not otherwise inevitable. 

Similarly, allowing Plaintiffs and the Opt-In Plaintiffs to receive and review their records 

will allow them to amend their Statements of Claim (DE 14), or draft a detailed demand for 

arbitration, promptly after this Court rules on the request to compel arbitration. This serves the 

legal system’s interest in efficiency, particularly in FLSA cases where this district requires the 

parties to show that a case is “uniquely complex” to justify not being on an expedited track. See, 

Order Requiring Discovery and Scheduling Conference, Order Requiring Statement of Claim and 

Response in FLSA Case, and Order Referring Discovery Matters to the Magistrate Judge (DE 4). 

Having these records will also allow the Plaintiffs to calculate damages and exhaust 

settlement opportunities further furthering judicial economy. 

Plaintiffs and the Opt-In Plaintiffs therefore respectfully request that this Court order 

Defendants’ to provide the wage and hour records for each Plaintiff and Opt-In Plaintiff separately, 

and in addition to, any stay of the proceedings that this Court orders. 

Case 1:22-cv-23938-RNS Document 20 Entered on FLSD Docket 01/06/2023 Page 2 of 4
Plaintiffs’ Response to Defendants’ Motion to Stay Discovery and Pretrial Deadlines 

Pending Resolution of Motion to Compel Arbitration 

Page 3 of 4

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and correct copy of the foregoing was served by 

electronic filing on January 6, 2023 on all counsel or parties of record on the Service List below. 

s/Gabriel T. Roberts 

Gabriel “Gabe” T. Roberts, Esq. 

Florida Bar No. 1018435 

Primary e-mail: GRoberts@scottlawteam.com 

Secondary e-mail: mail@scottlawteam.com 

Cathleen Scott, Esq. 

Florida Bar Number 135331 

Primary e-mail: CScott@scottlawteam.com

Secondary e-mail: mail@scottlawteam.com 

SCOTT LAW TEAM, LLC 

Jupiter Gardens 

250 South Central Boulevard 

Suite 104-A 

Jupiter, FL 33458 

Telephone: (561) 653-0008 

Facsimile: (561) 653-0020 

Secondary Address: 101 Northpoint Parkway 

West Palm Beach, FL 33407 

www.ScottLawTeam.com 

Andrew Obeidy, Esq. 

Florida Bar No. 910341 

Email: andrew@obdlegal.com 

Obeidy & Associates, P.A. 

2755 E. Oakland Park Boulevard 

Suite 225 

Fort Lauderdale, FL 33306 

Telephone: (305)892-5454 

Facsimile: (954)206-6955 

Attorneys for Plaintiffs 

Case 1:22-cv-23938-RNS Document 20 Entered on FLSD Docket 01/06/2023 Page 3 of 4
Plaintiffs’ Response to Defendants’ Motion to Stay Discovery and Pretrial Deadlines 

Pending Resolution of Motion to Compel Arbitration 

Page 4 of 4

SERVICE LIST 

CASE NO. 22-23938-CIV-SCOLA 

Andrew M. McKinley, Esq. 

Florida Bar No. 122069 

SEYFARTH SHAW LLP 

1075 Peachtree Street, N.E. 

Suite 2500 

Atlanta, GA 30309-3958 

Telephone: (404) 885-1500 

Facsimile: (404) 892-7056 

amckinley@seyfarth.com 

Attorney for Defendant Nomi Health, Inc. and MedX Staffing, Inc. 

Case 1:22-cv-23938-RNS Document 20 Entered on FLSD Docket 01/06/2023 Page 4 of 4