Kennedy v. Pipeline Properties, LLC et al
| Kennedy and Patricia Kennedy |
| Pipeline Properties, LLC, Jackie's Eyebrow Threading Nails Salon Inc., China Taste Inc. of Fort Myers, Khulna Inc., Le Gourmet India, LLC, Milton Townsend, Torre Deontray Fulcher, Pipeline Properties, LLC a Florida limited liability company doing business as Sungold Plaza, Khulna Inc. a Florida corporation doing business as Halal Meat and Grocery, Torre Deontray Fulcher doing business as Urban Swagger and Milton Townsend doing business as Penny's Beauty and Barber Supply |
| 2:2016cv00192 |
| March 14, 2016 |
| US District Court for the Middle District of Florida |
| Ft. Myers Office |
| Lee |
| Sheri Polster Chappell |
| Carol Mirando |
| Civil Rights: Americans with Disabilities - Other |
| Americans with Disabilities Act |
| None |
Docket Report
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| Filing 72 JUDGMENT (Signed by Deputy Clerk) (drn) |
Filing 71
ENDORSED ORDER On October 28, 2016, the Court administratively closed this case and retained jurisdiction until January 26, 2017, for the sole purpose of enforcing the parties' settlement agreement. (Doc. #70). To date, no stipulated form of final judgment has been submitted and the retained-jurisdiction period has expired. Accordingly, the Court ORDERS the Clerk of Court to enter judgment dismissing the case with prejudice and close the file. Signed by Judge Sheri Polster Chappell on 1/27/2017. (RPF)
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Filing 70
ORDER re #69 Stipulation of Dismissal filed by Patricia Kennedy, #67 Stipulation of Dismissal filed by Patricia Kennedy. Defendants Khulna Inc., Torre Deontray Fulcher, Le Gourmet India, LLC, Milton Townsend, Jackie's Eyebrow Threading Nails Salon, Inc., and China Taste, Inc. of Fort Myers, are DISMISSED, with prejudice, and each party should bear its own fees and costs.The Court will continue to retain jurisdiction over the case for ninety (90) days until January 26, 2017, for the sole purpose of enforcing the settlement agreement between Plaintiff Patricia Kennedy and Defendant China Taste Inc. of Fort Myers. The Clerk of the Court is DIRECTED to terminate any previously scheduled deadlines and pending motions, and administratively close the case pending further Order. Signed by Judge Sheri Polster Chappell on 10/28/2016. (LMF)
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| Filing 69 STIPULATION of Dismissal as to CHINA TASTE INC. OF FORT MYERS by Patricia Kennedy. (Finesilver, Aaron) |
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Filing 68
ENDORSED ORDER This matter comes before the Court on review of the record. On August 3, 2016, Plaintiff filed a Notice of Settlement (Doc. #49) as to Defendant China Taste Inc. of Fort Myers, and requested thirty (30) days to finalize the settlement and submit a joint stipulation of dismissal. To date, this has not occurred. As such, the Plaintiff is ORDERED to show cause in writing why no joint stipulation of dismissal as regards Defendant China Taste Inc. of Fort Myers has been filed, by or before October 26, 2016. Signed by Judge Sheri Polster Chappell on 10/24/2016. (RPF)
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| Filing 67 STIPULATION of Dismissal as to Khulna Inc., Torre Deontray Fulcher, Le Gourmet India, LLC, Milton Townsend, Jackie's Eyebrow Threading Nails Salon Inc. by Patricia Kennedy. (Finesilver, Aaron) |
| Filing 66 ANSWER to court interrogatories re: #65 Order on Motion for Extension of Time to File by Patricia Kennedy. (Finesilver, Aaron) |
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Filing 65
ORDER granting #64 Plaintiff's Motion for Extension of Time to Respond to Court's Interrogatories. Plaintiff shall have up to and including October 19, 2016 to respond to the Court's interrogatories. Further, as soon as practicable, Plaintiff shall inform the Court whether the settlement agreement includes Defendants, Torre Deontray Fulcher, Khulna Inc., and Le Gourmet India, LLC. Signed by Magistrate Judge Carol Mirando on 10/6/2016. (LS)
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| Filing 64 MOTION for Extension of Time to File Responses to the Court Interrogatories by Patricia Kennedy. (Finesilver, Aaron) |
| Filing 63 CERTIFICATE of interested persons and corporate disclosure statement re #61 Interested persons order by Jackie's Eyebrow Threading Nails Salon Inc.. (Fink, Michael) |
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Filing 62
ADA TITLE III SCHEDULING ORDER. Signed by Magistrate Judge Carol Mirando on 9/8/2016. (WRW)
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| Filing 61 INTERESTED PERSONS ORDER as to Jackie's Eyebrow Threading Nails Salon, Inc. Certificate of interested persons and corporate disclosure statement due by 9/21/2016. Signed by All Divisional Judges on 9/7/2016. (drn) |
| Filing 60 ANSWER and affirmative defenses to #1 Complaint by Jackie's Eyebrow Threading Nails Salon Inc..(Fink, Michael) |
| Filing 59 NOTICE of Appearance by Michael Gordon Fink on behalf of Jackie's Eyebrow Threading Nails Salon Inc. (Fink, Michael) |
| Filing 58 MOTION to Set Aside CLERK'S DEFAULT by Le Gourmet India, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fink, Michael) |
| Filing 57 MOTION to Set Aside CLERK'S DEFAULT by Khulna Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fink, Michael) |
| Filing 56 AMENDED RELATED CASE ORDER AND ADA TITLE II TRACK TWO NOTICE. Signed by All Divisional Judges on 8/24/2016. (LMF) |
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Filing 55
ORDER. The Clerk is directed to STRIKE Defendant Jackie's Eyebrow Threading Nails Salon Inc.'s letter #44 from the docket. Defendant Jackie's Eyebrow Threading Nails Salon Inc. shall have up to and including September 16, 2016 to retain counsel and have counsel file a notice of appearance in this matter. Signed by Judge Sheri Polster Chappell on 8/24/2016. (LMF)
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Filing 54
ADA SCHEDULING ORDER. See order for deadlines. Signed by Judge Sheri Polster Chappell on 8/23/2016. (LMF)
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| Filing 53 RESPONSE in Opposition re #50 MOTION to Dismiss filed by Patricia Kennedy. (Finesilver, Aaron) |
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Filing 52
ORDER denying #43 Plaintiff's Motion for Order Permitting Filing of Unilateral Case Management Report and for Sanctions. See Order for details. Signed by Magistrate Judge Carol Mirando on 8/16/2016. (LS)
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| Filing 51 RESPONSE in Opposition re #48 MOTION to Set Aside Default #42 Clerk's Entry of Default filed by Patricia Kennedy. (Finesilver, Aaron) |
| Filing 50 AMENDED MOTION to Dismiss by Milton Townsend. (drn) |
| Filing 49 NOTICE of settlement as to China Taste Inc. of Fort Myers by Patricia Kennedy (Finesilver, Aaron) |
| Filing 48 MOTION to Set Aside Default #42 Clerk's Entry of Default by Torre Deontray Fulcher. (Attachments: #1 Exhibit Affidavit of Fulcher, #2 Exhibit Proposed Answer and Affirmative Defenses)(Fink, Michael) |
| Filing 47 NOTICE of Appearance Appearance by Michael Gordon Fink on behalf of Torre Deontray Fulcher, Khulna Inc., Le Gourmet India, LLC (Fink, Michael) |
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Filing 46
ORDER denying without prejudice #39 Defendant Milton Townsend's Motion to Dismiss. On or before August 8, 2016, Defendant Milton Townsend must file an amended motion to dismiss in accordance with this Order, file an answer, or otherwise respond to this action on or before August 10, 2016. Failure to do so could result in a default being entered. Signed by Judge Sheri Polster Chappell on 7/20/2016. (LMF)
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| Filing 45 NOTICE by Patricia Kennedy re #40 Order (Finesilver, Aaron) |
| Filing 44 LETTER ANSWER to #1 Complaint by Jackie's Eyebrow Threading Nails Salon Inc. (Attachments: #1 Exhibit)(drn) Modified on 8/24/2016. Pleading stricken per Order #55 (drn). |
| Filing 43 MOTION for miscellaneous relief, specifically Order Permitting Filing of Unilateral Case Management Report and for Sanctions by Patricia Kennedy. (Finesilver, Aaron) |
| Filing 42 Clerk's ENTRY OF DEFAULT as to Torre Deontray Fulcher, Khulna Inc., Le Gourmet India, LLC (SLU) |
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Filing 41
ORDER granting in part and denying in part #36 Plaintiff's Motion for Clerk's Entry of Default. The Clerk is directed to enter Clerk's Defaults against Defendants Torre Deontray Fulcher, Khulna, Inc. and Le Gourmet India, LLC. In accordance with Local Rule 2.03(e), China Taste shall have up to and including August 5, 2016 to cause a Notice of Appearance be filed by an attorney to represent it. See Order for Details. Signed by Magistrate Judge Carol Mirando on 7/7/2016. (LS)
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Filing 40
ORDER. On or before July 18, 2016, Plaintiff Patricia Kennedy is directed to specify whether the settlement with Defendant Pipeline Properties, LLC, #24 remedies the violations alleged in the Complaint. If the settlement did not remedy the violations, Plaintiff Patricia Kennedy shall specify what violations remain and what Defendants those violations are attributable to. Signed by Judge Sheri Polster Chappell on 7/7/2016. (LMF)
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| Filing 39 LETTER MOTION to Dismiss this case by Milton Townsend. (Attachments: #1 Mailing Envelope addressed to Judge Carol Mirando)(SLU) |
| Filing 38 RESPONSE re #1 Complaint filed by China Taste Inc. of Fort Myers. (Attachments: #1 Exhibit)(RMT) |
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Filing 37
ENDORSED ORDER. This matter came before the Court on an Order to Show Cause(Doc. 35) entered on June 24, 2016 directing the Plaintiff to show cause as to why she has failed to move for clerk's default against Defendants that have been served but failed to respond or otherwise defend against this action. On June 24, 2016, Plaintiff filed a Motion for Clerk's Entry of Default. Having reviewed the motion, the Court will take no further action on the Order to Show Cause. Signed by Magistrate Judge Carol Mirando on 6/27/2016. (LS)
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| Filing 36 MOTION for entry of clerk's default against China Taste Inc. of Fort Myers, Torre Deontray Fulcher, Jackie's Eyebrow Threading Nails Salon Inc., Khulna Inc., Le Gourmet India, LLC by Patricia Kennedy. (Finesilver, Aaron) Motions referred to Magistrate Judge Carol Mirando. |
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Filing 35
ORDER granting #33 Plaintiff Patricia Kennedy's Motion to Compel Defendant to Participate in the Case Management Conference, Motion for Leave to Hold Case Management Conference via Telephone, and Motion for Extension of Time to File the Case Management Report. Plaintiff is also ordered to SHOW CAUSE why she has failed to move for clerk's default against Defendants that have been served but failed to respond or otherwise defend against this action. See order for details. Signed by Magistrate Judge Carol Mirando on 6/24/2016. (LS)
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| Filing 34 NOTICE of good cause by Patricia Kennedy re #26 Order to show cause (Finesilver, Aaron) Modified on 6/27/2016 to edit docket text (SLU). |
| Filing 33 MOTION to Compel defendant to participate in the case management conference, MOTION to extend time to file the case management report, MOTION to Appear Telephonically for case management conference by Patricia Kennedy. (Attachments: #1 Exhibit A)(Finesilver, Aaron) Motions referred to Magistrate Judge Carol Mirando. Modified on 6/23/2016 to edit docket text (SLU). |
| Filing 32 RETURN of service executed on 4/1/16 by Patricia Kennedy as to Torre Deontray Fulcher. (Finesilver, Aaron) |
| Filing 31 RETURN of service executed on 4/1/16 by Patricia Kennedy as to Le Gourmet India, LLC. (Finesilver, Aaron) |
| Filing 30 RETURN of service executed on 5/17/16 by Patricia Kennedy as to Khulna Inc.. (Finesilver, Aaron) |
| Filing 29 RETURN of service executed on 3/31/2016 by Patricia Kennedy as to Jackie's Eyebrow Threading Nails Salon Inc.. (Finesilver, Aaron) |
| Filing 28 RETURN of service executed on 3/31/2016 by Patricia Kennedy as to China Taste Inc. of Fort Myers. (Finesilver, Aaron) |
| Filing 27 NOTICE canceling Preliminary Pretrial Conference hearing scheduled for 06/21/2016 (WRW) |
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Filing 26
ORDER to show cause as to Patricia Kennedy why service has not been effected on the remaining Defendants and why Plaintiff has failed to file a Case Management Report. Signed by Magistrate Judge Carol Mirando on 6/14/2016. (LS)
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Filing 25
ENDORSED ORDER. This case is DISMISSED without prejudice as to Defendant Pipeline Properties, LLC. See (Doc. #24). Plaintiff Patricia Kennedy and Defendant Pipeline Properties, LLC shall have the right, within fifteen (15) days from the date of this Order, June 29, 2016, to submit a stipulated form of final judgment or request an extension of time to do so, or move to reopen the case upon a showing of good cause. See M.D. Fla. R. 3.08(b). Once the fifteen (15) day period expires, this dismissal shall be deemed with prejudice without further order. The Clerk of the Court is DIRECTED to terminate any previously scheduled deadlines and pending motions as to Defendant Pipeline Properties, LLC only. Signed by Judge Sheri Polster Chappell on 6/14/2016. (EMK)
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| Filing 24 NOTICE of settlement as to Defendant, Pipeline Properties, LLC by Patricia Kennedy (Finesilver, Aaron) |
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Filing 23
ENDORSED ORDER granting #22 Second Unopposed Motion for Extension of Time to Respond to Complaint and Incorporated Memorandum of Law. For good cause shown and because the motion is unopposed, Defendant Pipeline Properties, LLC shall have up to and including May 26, 2016 to respond to Plaintiff's complaint. Signed by Magistrate Judge Carol Mirando on 5/11/2016. (LS)
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| Filing 22 SECOND UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Pipeline Properties, LLC. (Blair, Brian) Motions referred to Magistrate Judge Carol Mirando. Modified on 5/11/2016 to edit event and docket text (SLU). |
| Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re #16 Interested persons order by Pipeline Properties, LLC. (Blair, Brian) |
| Filing 20 NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference hearing previously scheduled for 6/20/16 is rescheduled. New scheduling date and time: Preliminary Pretrial Conference set for 6/21/2016 at 10:00 AM in Ft. Myers Courtroom 6 B before Magistrate Judge Carol Mirando. (WRW) |
| Filing 19 NOTICE of hearing: Preliminary Pretrial Conference set for 6/20/2016 at 10:00 AM in Ft. Myers Courtroom 6 B before Magistrate Judge Carol Mirando. (WRW) |
| Filing 18 INTERESTED PERSONS ORDER as to Milton Townsend. Certificate of interested persons and corporate disclosure statement due by 5/6/2016. Signed by All Divisional Judges on 4/22/2016. (drn) |
| Filing 16 INTERESTED PERSONS ORDER as to Pipeline Properties, LLC. Certificate of interested persons and corporate disclosure statement due by 5/6/2016. Signed by All Divisional Judges on 4/22/2016. (drn) |
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Filing 15
ENDORSED ORDER granting #14 Unopposed Motion for Extension of Time to Respond to Complaint and Incorporated Memorandum of Law. For good cause shown and because the motion is unopposed, Defendant Pipeline Properties, LLC shall have up to and including May 12, 2016 to respond to Plaintiff's complaint. Signed by Magistrate Judge Carol Mirando on 4/21/2016. (LS)
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| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Pipeline Properties, LLC. (Blair, Brian) Motions referred to Magistrate Judge Carol Mirando. |
| Filing 17 ANSWER to #1 Complaint by Milton Townsend.(drn) |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re #11 Interested persons order by Patricia Kennedy. (Finesilver, Aaron) |
| Filing 12 NOTICE of pendency of related cases re #10 Interested persons order per Local Rule 1.04(d) by Patricia Kennedy. Related case(s): no (Finesilver, Aaron) |
| Filing 11 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 4/1/2016. Signed by All Divisional Judges on 3/18/2016. (WRW) |
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Filing 10
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 4/1/2016. Signed by Judge Sheri Polster Chappell on 3/21/16
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| Filing 9 SUMMONS issued as to Jackie's Eyebrow Threading Nails Salon Inc. (drn) |
| Filing 8 SUMMONS issued as to Milton Townsend. (drn) |
| Filing 7 SUMMONS issued as to China Taste Inc. of Fort Myers. (drn) |
| Filing 6 SUMMONS issued as to Le Gourmet India, LLC. (drn) |
| Filing 5 SUMMONS issued as to Torre Deontray Fulcher. (drn) |
| Filing 4 SUMMONS issued as to Khulna Inc. (drn) |
| Filing 3 SUMMONS issued as to Pipeline Properties, LLC. (drn) |
| Filing 2 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 3/15/2016. (drn) |
| Filing 1 COMPLAINT (Injunctive Relief Demanded) against China Taste Inc. of Fort Myers, Torre Deontray Fulcher, Jackie's Eyebrow Threading Nails Salon Inc., Khulna Inc., Le Gourmet India, LLC, Pipeline Properties, LLC, Milton Townsend (Filing fee $400 receipt number FTM009055) filed by Patricia Kennedy. (Attachments: #1 Civil Cover Sheet)(RMT) |
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