Gaylor v. Commodore Grocery II, LLC et al
| Carol Gaylor |
| 3915 A1A South, LLC and Winn-Dixie Stores Leasing, LLC |
| 3:2025cv00445 |
| April 24, 2025 |
| U.S. District Court for the Middle District of Florida |
| Wendy W Berger |
| Monte C Richardson |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation |
| None |
Docket Report
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This docket was last retrieved on October 8, 2025. A more recent docket listing may be available from PACER.
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Filing 33
ORDER granting #31 Joint Motion for Ninety (90) Day Stay in the Alternative for Ninety (90) Day Extension of Case Deadlines. This case is STAYED for a period of ninety days from the date of this Order. On or before December 29, 2025, the parties shall file a joint report as to the status of this litigation. The Clerk is directed to administratively close this case. Signed by Judge Wendy W. Berger on 10/7/2025. (CKS)
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| Filing 32 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Winn-Dixie Stores Leasing, LLC identifying Corporate Parent Winn-Dixie Stores LLC for Winn-Dixie Stores Leasing, LLC. (Smart, Adam) Modified on 9/19/2025 to edit the docket text (RPB). |
| Filing 31 Joint MOTION to Stay (90 days) or in the alternative to extend all deadlines by 90 days (by all parties) by Winn-Dixie Stores Leasing, LLC. (Smart, Adam) |
| Filing 30 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Winn-Dixie Stores Leasing, LLC identifying Corporate Parent Winn-Dixie Stores LLC for Winn-Dixie Stores Leasing, LLC. (Smart, Adam) Counsel notified to refile document with correct case number. Modified text on 9/19/2025 (LAW). |
| Filing 29 NOTICE of Lead Counsel Designation by Adam Smart on behalf of Winn-Dixie Stores Leasing, LLC. Lead Counsel: Adam R. Smart. (Smart, Adam) |
| Filing 28 ANSWER and affirmative defenses to #21 Amended Complaint by Winn-Dixie Stores Leasing, LLC.(Smart, Adam) |
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Filing 27
ORDER re #26 Plaintiff's Stipulation of Dismissal Without Prejudice as to Defendant Commodore Grocery II, LLC. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the Clerk is directed to dismiss all claims against Commodore Grocery II, LLC and terminate it from the case caption. Signed by Judge Wendy W. Berger on 8/19/2025. (CKS)
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| Filing 26 STIPULATION of Dismissal Without Prejudice as to Defendant Commodore Grocery II, LLC by Carol Gaylor. (Mussman, Louis) Modified docket text on 8/18/2025 (JOS). |
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Filing 25
ORDERED that the Notice of Voluntary Dismissal Without Prejudice as to Defendant Commodore Grocery II, LLC (Doc. #24) is STRICKEN. The parties may file a stipulation of voluntary dismissal that complies with Rule 41(a)(1)(A)(ii) or a motion for voluntary dismissal pursuant to Rule 41(a)(2). Otherwise, the claim against Defendant Commodore Grocery II, LLC will not be dismissed and the parties will be expected to continue with this litigation. Signed by Judge Wendy W. Berger on 8/12/2025. (CKS)
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| Filing 24 ***STRICKEN PER ORDER SEE DE 25***NOTICE of voluntary dismissal by Carol Gaylor (Mussman, Louis) Modified on 8/13/2025 (RLD). |
| Filing 23 WAIVER of service returned executed on 7/28/25 by Carol Gaylor as to Winn-Dixie Stores Leasing, LLC. (Mussman, Louis) |
| Filing 22 SUMMONS issued as to Winn-Dixie Stores Leasing, LLC. (JTM) |
| Filing 21 AMENDED COMPLAINT against 3915 A1A South, LLC, Commodore Grocery II, LLC, Winn-Dixie Stores Leasing, LLC filed by Carol Gaylor. (Attachments: #1 Proposed Summons)(Mussman, Louis) |
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Filing 20
ENDORSED ORDER granting #19 Plaintiff's Consent Motion for Leave to Amend Complaint. Plaintiff may file an amended complaint on or before July 16, 2025. Signed by Magistrate Judge Monte C. Richardson on 7/9/2025. (TAM)
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| Filing 19 Consent MOTION to Amend #1 Complaint by Carol Gaylor. (Attachments: #1 Exhibit A - Proposed First Amended Complaint, #2 Proposed Summons)(Mussman, Louis) Motions referred to Magistrate Judge Monte C. Richardson. |
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Filing 18
ENDORSED ORDER granting #16 #17 Plaintiff's Amended Unopposed Motions for Extensions of Time. Defendant Commodore Grocery II, LLC shall respond to the Complaint on or before June 27, 2025. The ADA Scheduling Order deadlines are extended by thirty days commencing from the date Commodore Grocery II, LLC (or another intervening entity in Commodore's place) responds to the Complaint. Signed by Magistrate Judge Monte C. Richardson on 6/9/2025. (TAM)
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| Filing 17 Amended MOTION to Continue Deadline to Inspect Defendants' Property by Carol Gaylor. (Mussman, Louis) |
| Filing 16 Amended MOTION for Extension of Time to File Answer by Carol Gaylor. (Mussman, Louis) Motions referred to Magistrate Judge Monte C. Richardson. |
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Filing 15
ENDORSED ORDER denying without prejudice #13 #14 Consent Motions for Extensions of Time because neither Motion contains a memorandum of law as required by Local Rule 3.01(a). Signed by Magistrate Judge Monte C. Richardson on 5/30/2025. (TAM)
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| Filing 14 Consent MOTION to Continue Deadline to Inspect Defendants' Property by Carol Gaylor. (Mussman, Louis) |
| Filing 13 Consent MOTION for Extension of Time to File Answer by Carol Gaylor. (Mussman, Louis) Motions referred to Magistrate Judge Monte C. Richardson. |
| Filing 12 ANSWER to court interrogatories by Carol Gaylor. (Mussman, Louis) |
| Filing 11 RETURN of service executed on 5/5/25 by Carol Gaylor as to 3915 A1A South, LLC. (Mussman, Louis) |
| Filing 10 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by 3915 A1A South, LLC. (Andrews, William) |
| Filing 9 ANSWER and affirmative defenses to #1 Complaint by 3915 A1A South, LLC.(Andrews, William) |
| Filing 8 RETURN of service executed on 5/5/25 by Carol Gaylor as to Commodore Grocery II, LLC. (Mussman, Louis) |
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Filing 7
ADA SCHEDULING ORDER. Status Conference set for 11/12/2025 at 10:00 AM in Jacksonville Courtroom 12 A before Judge Wendy W. Berger. Signed by Judge Wendy W. Berger on 5/6/2025. (CKS)
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Filing 6
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective April 1, 2024, and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. Additionally, the undersigned has issued Standing Orders, available at https://www.flmd.uscourts.gov/judges/wendy-berger, that apply to all proceedings before the undersigned. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules and this Court's Standing Orders. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 5/1/2025. (CKS)
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| Filing 5 SUMMONS issued as to 3915 A1A South, LLC, Commodore Grocery II, LLC. (ELA) |
| Filing 4 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Monte C. Richardson. New case number: 3:25-cv-00445-WWB-MCR. (JOS) |
| Filing 3 CERTIFICATE of interested persons and corporate disclosure statement by Carol Gaylor. (Mussman, Louis) |
| Filing 2 NOTICE of Lead Counsel Designation by Louis I. Mussman on behalf of Carol Gaylor. Lead Counsel: Louis Mussman. (Mussman, Louis) |
| Filing 1 COMPLAINT against 3915 A1A South, LLC, Commodore Grocery II, LLC (Filing fee $405 receipt number AFLMDC-23282441) filed by Carol Gaylor. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons)(Mussman, Louis) |
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