Arbelaez v. Adler Realty Services, LLC

Filing 17

ORDER denying 16 Plaintiff's Unopposed Motion to Hold Settlement Conference Telephonically. Signed by Magistrate Judge Carol Mirando on 1/31/2017. (HJ)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ANNE ARBELAEZ, an individual Plaintiff, v. Case No: 2:16-cv-563-FtM-99CM ADLER REALTY SERVICES, LLC, Defendant. ORDER This matter comes before the Court upon review of Plaintiff's Unopposed Motion to Hold Settlement Conference Telephonically (Doc. 16) filed on January 27, Plaintiff seeks the Court’s permission to hold a settlement conference by 2017. 1 telephone. Doc. 16 at 1. Plaintiff alleges that holding an in-person settlement conference would impose an undue burden on the parties because Plaintiff’s counsel is located in Naples, Florida and Defendant’s counsel is in Coral Gables, Florida. Defendant does not oppose the requested relief. Id. Id. On November 30, 2016, Senior United States District Judge John E. Steele entered a FLSA Scheduling Order, directing all counsel and any unrepresented parties to “meet and confer in person in a good faith effort to settle all pending issues, including attorneys’ fees and costs.” Doc. 13 at 3. The undersigned also has emphasized that “the most advantageous vehicle through which to encourage early On July 8, 2016, Plaintiff filed a Complaint against Defendant under the Fair Labor Standards Act (“FLSA”). Doc. 1. 1 discussion and possible resolution of FLSA cases is the conduct of an in-person settlement conference between counsel before the general discovery phase begins.” Vega v. Circle K Stores, Inc., No. 2:14-cv-298-FtM-38CM, 2014 WL 4101642, at *2 (M.D. Fla. Aug. 20, 2014). ACCORDINGLY, it is hereby ORDERED: Plaintiff's Unopposed Motion to Hold Settlement Conference Telephonically (Doc. 16) is DENIED. DONE and ORDERED in Fort Myers, Florida on this 31st day of January, 2017. Copies: Counsel of record -2-

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