Vasquez et al v. Marques et al

Filing 36

ORDER granting 34 Plaintiffs' Motion to Extend the Mediation Deadline as Set Forth in the Case Management Report. The mediation deadline is extended to April 29, 2015. Signed by Magistrate Judge Carol Mirando on 1/13/2015. (BLW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
RAMON SALAZAR VASQUEZ,
PORFIRIO AGUILAR FABIAN,
ERNESTO AGUILAR BOCANEGRA,
MACODONIO AMBROCIO MATIAS,
FILIBERTO BAUTISTA, JOSUE
CARRILLO ORTIZ, AGUSTIN
CRISTEN TEJEDA, LUIS ALBERTO
CRUZ VASQUEZ, PEDRO CRUZ
VASQUEZ, JOSE ALBERTO GARCIA
RODRIGUEZ, ESTEBAN GONZALEZ
MARQUES, GUSTAVO GONZALEZ
MARTINEZ, FERNANDO
GONZALEZ PEREZ, ISAAC
GONZALEZ TREJO, FELICIANO
LOPEZ CRUZ, MIGUEL MACIAS
DELUNA, RENE MARTINEZ
MARTINEZ, ANTONIO MENDEZ
GARCIA, MARCOS MARQUEZ MAR,
BONIFACIO MARQUEZ MARQUEZ,
ROBERTO CARLOS MARQUEZ,
CLAUDIO SERAFIN MARTINEZ,
GIOVANNI SERAFIN MARTINEZ,
FRANCISCO OSARIO DEL ANGEL,
SAUL PEREZ MENDEZ,
FRANCISCO BRUNO PERIANEZ,
JOSE RAMOS RAMOS, CANDIDO
RAMIREZ ORTEGA, FELIPE REYES
SALVADOR, BERTIN ROJAS
LOPEZ, MELITON SALAZAR
RODRIGUEZ, UZIEL SANTIAGO
MARTINEZ, JAVIER VASQUEZ
HERNANDEZ and RICARDO VITE
XOTHIHUA,
Plaintiffs,
v.

Case No: 2:14-cv-161-FtM-29CM

P & L HARVESTING, LLC,
Defendant.

ORDER
Before the Court is Plaintiffs’ Motion to Extend the Mediation Deadline as Set
Forth in the Case Management Report (Doc. 34), and Defendant’s Response in
Opposition (Doc. 35). In this Fair Labor Standards Act (“FLSA”) case, Plaintiffs, who
are agricultural workers, move for a 90-day extension of the mediation deadline,
currently set for January 29, 2015. Doc. 33. As grounds, Plaintiffs state that they
have not yet been provided with complete and unredacted payroll records and tally
sheets for entire crews, which they need to evaluate daily hours worked. 1 It is their
contention that the hours were fabricated to show that the workers were paid
correctly when in fact they were not. Plaintiffs argue that they need the full and
complete payroll records in order to be able to negotiate at mediation with knowledge
and understanding of the parties’ strengths and weaknesses.
Defendant responds that Plaintiffs proposed a mediation deadline of March 15,
2015 in the Case Management Report, which was rejected by the Court in favor of
the January 29, 2015 deadline, proposed by Defendants. Docs. 31, 33. Defendant
asserts that Plaintiffs have sufficient information to assess their claims and even if
further information is needed, this is not sufficient reason to prolong Defendant’s
efforts to settle this matter. Defendant believes that extending the mediation date
will impose an undue and financial burden.
The Court finds that Plaintiffs have shown good cause to extend the mediation
deadline.

Pursuant to the Court’s case management report form, the Court

The deadline for the parties to exchange documents that pertain to the unpaid wages
was June 23, 2014, as set forth in the FLSA Scheduling Order. Doc. 9.
1

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generally recommends mediation either two to three months after the case
management report meeting, or just after the discovery deadline.

Plaintiffs’

requested extension is within this timeframe.
ACCORDINGLY, it is hereby
ORDERED:
Plaintiffs’ Motion to Extend the Mediation Deadline as Set Forth in the Case
Management Report (Doc. 34) is GRANTED. The mediation deadline is extended to
April 29, 2015.
DONE and ORDERED in Fort Myers, Florida on this 13th day of January, 2015.

Copies:
Counsel of record

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