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17-037 - Hugler v. Ramirez Plastering, LLC et al


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17-037 - Hugler v. Ramirez Plastering, LLC et al
March 6, 2018
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ORDER - The motion to withdraw filed by Alton E. Mitchell, as counsel of record for Defendants, (Filing No. 38), is granted. As to Defendant Ramirez Plastering, LLC, a limited liability corporation cannot litigate its action in this forum without representation by licensed counsel. Knoefler v. United Bank of Bismarck, 20 F.3d 347, 347-48 (8th Cir. 1994). On or before March 27, 2018, Defendant Ramirez Plastering, LLC. shall either obtain the services of counsel and have that attorney file an appearance in this case. The failure to do so may result in an entry of default and/or a default judgment against Defendant Ramirez Plastering, LLC. As to Defendant Ismael Ramirez, on or before March 27, 2018, this Defendant shall either: (a) obtain the services of counsel and have that attorney file an appearance in this case; or (b) file a statement notifying the court of his intent to litigate this case without the assistance of counsel. The failure to do so may result in an entry of default and/or a default judgment against Defendant Ismael Ramirez. Defendants' motion to continue, (Filing No. 39), requesting additional time to respond to the government's motion for partial summary judgment, (Filing No. 36), and to exclude expert testimony, (Filing No. 34), is granted. Defendant's response to Plaintiff's motions shall be filed on or before April 10, 2018. The clerk shall mail a copy of this order to Ismael Ramirez and to Ramirez Plastering, LLC at 1205 Monroe Street, Fort Calhoun, NE 68023. Ordered by Magistrate Judge Cheryl R. Zwart. (Copies mailed as directed) (LKO)
April 9, 2018
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ORDER - Defendants Ismael Ramirez and Ramirez Plastering, LLC, are given until May 9, 2018 to show cause why the court should not enter a default and/or default judgment against defendants without further notice. The clerk shall mail a copy of this order to Ismael Ramirez and to Ramirez Plastering, LLC at 1205 Monroe Street, Fort Calhoun, NE 68023. Ordered by Magistrate Judge Cheryl R. Zwart. (Copies mailed as directed) (LKO)
May 14, 2018
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ORDER - Plaintiff's motion to exclude Defendants' expert, (Filing No. 34), isgranted as uncontroverted and for failure to comply with the court's orders. As to the issue of liability, judgment is entered in favor of Plaintiff fortwo reasons: Plaintiff's unopposed motion for summary judgment, (Filing No. 36), is granted; and A judgment of default is entered against Defendants for failing to comply with the courts show cause order, (Filing No. 42). As to the issue of damages, Defendants' unopposed motion for summary judgment (Filing No. 36), is granted, and pursuant to Plaintiff's uncontroverted facts, Defendants owe a minimum of $16,680.94 in unpaid overtime back wages related to the 2015 Wage and Hour Division investigation at issue, plus an equal amount of liquidated damages, for a total of $33,361.88. If Plaintiff intends to pursue additional damages, it shall file a motion for determination of damages on or before May 29, 2018, in absence of which, a final judgment will be entered in favor of Plaintiff and against Defendants in the amount of $33,361.99. The clerk shall set a case management deadline of May 30, 2018, and shall mail a copy of this order to Ismael Ramirez and to Ramirez Plastering, LLC at 1205 Monroe Street, Fort Calhoun, NE 68023. Ordered by Magistrate Judge Cheryl R. Zwart. (Copies mailed as directed) (LKO)
May 31, 2018
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ORDER - On or before June 13, 2018, Defendants shall respond to Plaintiff's motionfor entry of a default judgment in the amount of $135,709.04. (Filing No. 44). Absent Defendants' timely response, a judgment will be entered against Defendants in the amount of $135,709.04 without further notice. The clerk shall set a case management deadline of June 14, 2018, andshall mail a copy of this order to Ismael Ramirez and to Ramirez Plastering, LLC at 1205 Monroe Street, Fort Calhoun, NE 68023. Ordered by Magistrate Judge Cheryl R. Zwart. (Copies mailed as directed) (LKO)
June 14, 2018
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ORDER - Plaintiff's motion for entry of a default judgment in the amount of $135,709.04, (Filing No. 44), is granted. A separate judgment will be entered accordingly. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (LKO)