Response to Court Order

 

IN THE CIRCUIT COURT IN AND FOR

ALACHUA COUNTY FLORIDA

 

KATRINA REDACTED,individually and on behalf of

all other similarly situated,

 

Plaintiff,

v.

 

REDACTED, EDELL. dba

REDACTED,

 

Defendants.

 

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Case No.:

 

      

 

PLAINTIFF’S RESPONSE TO THE COURT’S ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING SUBMISSION OF CASE MANAGEMENT STATEMENT

 

Plaintiff, Redacted, by and through her undersigned Counsel, hereby timely responds to the Court’s order setting Case Management Conference and Requiring Submission of Case Management Statement. As grounds thereof, Plaintiff states:

 

(1) Brief description of the case: Plaintiff action involves the allegation that she, and persons in similar job positions as she, is due overtime/unpaid wages.  The Defendant has not kept accurate records of the Plaintiff’s time and amounts paid; therefore, has violated the Fair Labor Standards Act and the Florida Minimum Wage Act.

 

(2) Plaintiff’s claims: whether she is due overtime/unpaid wages.

 

Defendant’s defense(s): none

 

(3) This case is not yet at issue and not ready to set for trial. Plaintiff requested a jury trial in her complaint.

 

(4) Motions for the court to resolve: Plaintiff anticipates filing a motion to transfer this case to County Civil. An action commenced in circuit court should have been transferred to county court where amount in controversy as to each cause of action was below circuit court’s jurisdictional limit. Martell v. Kurian, 626 So.2d 705 (Fla. 4th DCA 1993).  Here, Plaintiff wishes to voluntarily dismiss her collective action allegations and her damages (after a review of documents produced by the Defendant) appear to be between 5,000 and 15,000.00 dollars.  As such, Plaintiff believes jurisdiction is proper in County Court.[1] Plaintiff has conferred personally with counsel for Defendant regarding this matter and counsel for the Defendant expressed no objection; therefore, currently the parties are working out a proposed agreed order.

 

(5) The claims set for trial have not yet been mediated and no mediation has been scheduled. Plaintiff is amenable to mediating this matter in an attempt to determine whether this matter can be amicably resolved.

 

(6) Plaintiff proposes a 3 month discovery period. Plaintiff proposes a one day trial.

 

 

CERTIFICATE OF SERVICE

            I HEREBY CERTIFY that I served a true and correct copy of the foregoing on this ______day of October, 2008, via US Mail, addressed as follows:

 

Redacted

 

and a  courtesy copy to the following:

 

Honorable Judge Monaco

P.O. Box 600

Gainesville, FL 32602

 


Michael Massey

Fla. Bar No. 153680

Massey & Duffy

 


[1] Section 26.012(2)(a), Florida Statutes (2005), provides that the circuit courts have exclusive, original jurisdiction over “all actions at law not cognizable by the county courts.” The county courts have original jurisdiction over matters in which the amount in controversy does not exceed $15,000, and the circuit courts have jurisdiction over those matters in which the amount in controversy exceeds $15,000. §§ 26.012(2)(a), 34.01(1)(c), Fla. Stat. (2005).