Vega v. Circle K Stores, Inc

Filing 15

ORDER granting 13 Attorney Julisse Jimenez's Unopposed Motion to Withdraw as Counsel; denying 14 Plaintiff's Unopposed Motion to Allow Telephonic Case Settlement Conference. New counsel for Plaintiff shall file a Notice of Appearance by 9/22/2014. See Order for further details. Signed by Magistrate Judge Carol Mirando on 8/20/2014.(ALB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
AIDA VEGA,
Plaintiff,
v.

Case No: 2:14-cv-298-FtM-38CM

CIRCLE K STORES, INC,
Defendant.
ORDER
Before the Court is attorney Julisse Jimenez’s Unopposed Motion to Withdraw
as Counsel (“motion to withdraw”) (Doc. 13), filed on August 18, 2014, and Plaintiff’s
Unopposed Motion to Allow Telephonic Case Settlement Conference (Doc. 14), filed
on August 18, 2014. Julisse Jimenez, lead counsel for Plaintiff Aida Vega, requests
that she be permitted to withdraw from the representation of Plaintiff in this matter
because she is no longer affiliated with the firm of The Law Professionals, which
represents Plaintiff. The motion to withdraw indicates that Plaintiff will continue
to be represented by The Law Professionals; specifically, that attorney Navin PersadMaharaj will represent Plaintiff upon admission to the Middle District of Florida on
September 16, 2014.1 Upon review of the motion to withdraw, the Court finds good

1

The motion includes as an attachment an Affidavit of attorney Navin PersadMaharaj stating that, upon admission to the Middle District, counsel will immediately file a
Accordingly, Navin Persad-Maharaj is directed to file a Notice of
Notice of Appearance.
Appearance in this matter as soon as possible upon admission but no later than September
22, 2014, or inform the Court by that date why counsel is unable to do so.

cause to permit attorney Julisse Jimenez to withdraw from the representation of
Plaintiff in this matter.
The motion to withdraw also states that The Law Professionals firm currently
does not have any other attorney admitted to practice in the Middle District and
therefore requests an extension of the deadline for the parties to meet and confer in
person in a good faith effort to settle the case, set forth in the Court’s FLSA
Scheduling Order (Doc. 7), since Plaintiff’s new counsel will not yet be admitted to
the Middle District by that date.2 See Doc. 7 at 2. The Court finds good cause to
grant a brief extension of the deadlines set forth in the FLSA Scheduling Order to
enable attorney Navin Persad-Maharaj to become admitted to the Middle District.
Counsel for the parties are currently required to meet and confer by September 10,
2014, and jointly file a Report Regarding Settlement by September 30, 2014. See
Doc. 7 at 2. Accordingly, the Court will extend the deadline to meet and confer up
to and including September 30, 2014 and will extend the deadline by which the
parties must jointly file a Report Regarding Settlement up to and including October
14, 2014.3
Plaintiff also filed an Unopposed Motion to Allow Telephonic Case Settlement
Conference (Doc. 14), requesting that counsel for both parties be permitted to attend

2

The Affidavit of Navin Persad-Maharaj also states that Plaintiff Aida Vega and
counsel for Defendant were contacted regarding Ms. Jimenez’s request to withdraw and that
that neither opposes her withdrawal or a brief stay of the deadlines in this case for Plaintiff’s
new counsel to become admitted to the Middle District. See Doc. 13-1 at 2.
3

Because the Court’s FLSA Scheduling Order stayed all discovery in this matter until
the parties file a Case Management Report, the extension of these deadlines will not affect
any other deadlines. See Doc. 7 at 3.

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the settlement conference by telephone because counsel for Plaintiff is located in
Coral Gables, Florida and counsel for Defendant is located in Tampa, Florida.
Although the Court is willing to extend the deadline for the parties to meet and
confer, the Court will not waive the in-person attendance requirement. See Doc. 7
at 2 (“[C]ounsel for Plaintiff and Defendant shall meet and confer in person in a good
faith effort to settle all pending disputes, including attorneys’ fees and costs.”)
(emphasis added). Another division of this Court has explained the importance of
in-person attendance at the early settlement conference in FLSA cases:
while telephone conferences are often encouraged when
counsel are located in different cities, the initial settlement
conference between the parties in a Fair Labor Standards
Act dispute presents a unique situation in which the strong
preference of the Court is for counsel for the parties to meet
and confer “in person” in a good faith effort to reach early
resolution of the case.

Tassone v. Lifecare St. Johns, Inc., No. 3:11-cv-1271-J-32TEM, 2012 WL 1555718, at
*1 (M.D. Fla. Feb. 24, 2012) (citation omitted). Because “the Court has determined
the most advantageous vehicle through which to encourage early discussion and
possible resolution of FLSA cases is the conduct of an in-person settlement conference
between counsel before the general discovery phase begins,” id., the Court will deny
Plaintiff’s request to conduct the settlement conference telephonically. Counsel for
the parties shall meet in person as required by the Court’s FLSA Scheduling Order.

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ACCORDINGLY, it is hereby
ORDERED:
1.

Attorney Julisse Jimenez’s Unopposed Motion to Withdraw as Counsel

(Doc. 13) is GRANTED. The Clerk is directed to terminate attorney Julisse Jimenez
and remove her from receiving further electronic filings in this matter.
2.

The law firm of The Law Professionals will continue to represent

Plaintiff in this matter. Attorney Navin Persad-Maharaj is directed to file a Notice
of Appearance in this matter as soon as possible after admission to the Middle District
of Florida but no later than September 22, 2014, or inform the Court by that date why
counsel is unable to do so.
3.

The deadlines set forth in the FLSA Scheduling Order shall be extended

as follows:
a. By September 30, 2014, counsel for Plaintiff and Defendant shall
meet and confer in person in a good faith effort to settle all
pending issues, including attorneys’ fees and costs.
b. By October 14, 2014, after the settlement conference, counsel
shall jointly file a Report Regarding Settlement.
All other directives set forth in the FLSA Scheduling Order (Doc. 7) remain in effect.
4.

Plaintiff’s Unopposed Motion to Allow Telephonic Case Settlement

Conference (Doc. 14) is DENIED.

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DONE and ORDERED in Fort Myers, Florida on this 20th day of August, 2014.

Copies:
Counsel of record

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