Davis v. Sunrise Mills (MLP) Limited Partnership et al
| Deborah Davis |
| Simon Property Group, L.P., Mojito Club Sawgrass, LLC., Sunrise Mills (MLP) Limited Partnership and Mojito Club Sawgrass, LLC. doing business as Mojito Bar and Plates by Douglas Rodriguez |
| 0:2018cv60117 |
| January 19, 2018 |
| US District Court for the Southern District of Florida |
| Ft Lauderdale Office |
| Broward (Office: Ft Lauderdale) |
| Darrin P Gayles |
| Barry S Seltzer |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12182 |
| None |
Docket Report
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This docket was last retrieved on September 13, 2018. A more recent docket listing may be available from PACER.
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Filing 35
PAPERLESS ORDER granting #34 Joint Motion for Entry and Approval of Consent Decree and Dismissal of Defendants Sunrise Mills (MLP) Limited Partnership, Simon Property Group, L.P, Mogito Club Sawgrass, LLC, d/b/a/ Mojito Bar and Plates by Douglas Rodriguez With Prejudice. The Consent Decree is hereby APPROVED and ENTERED. This action is dismissed with prejudice. The Court retains jurisdiction to enforce the Consent Decree. Signed by Judge Darrin P. Gayles on 9/13/2018. (hmo)
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| Filing 34 Joint MOTION For Entry and Approval of Consent Decree AND DISMISSAL OF DEFENDANTS SUNRISE MILLS (MLP) LIMITED PARTNERSHIP, SIMON PROPERTY GROUP, L.P. MOJITIO CLUB SAWGRASS, LLC., d/b/a/ MOJITO BAR AND PLATES BY DOUGLAS RODRIGUEZ WITH PREJUDICE by Deborah Davis. (Attachments: #1 Exhibit A, #2 Exhibit B)(Leveille, William) |
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Filing 33
ENDORSED ORDER administratively closing case in light of #32 Notice of Settlement, which indicates that this matter has settled in full. The parties are hereby notified that, within thirty (30) days of the date of this Order, they must file a Stipulation or Notice of Dismissal and/or Settlement Agreement along with any other pertinent document necessary to conclude this action. Any pending motions are denied as moot. Signed by Judge Darrin P. Gayles on 8/14/2018. (hmo)
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| Filing 32 NOTICE of Settlement by Mojito Club Sawgrass, LLC., Simon Property Group, L.P., Sunrise Mills (MLP) Limited Partnership (Ramirez, Hector) |
| Filing 31 Witness List Defendant's Expert Witness Disclosure by Mojito Club Sawgrass, LLC., Simon Property Group, L.P., Sunrise Mills (MLP) Limited Partnership.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Ramirez, Hector) |
| Filing 30 NOTICE of Mediator Selection and Hearing. Added Cindy Niad Hannah. Mediation Hearing set for 6/11/2018 at 2:30 p.m.. (Niad Hannah, Cindy) |
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Filing 29
ENDORSED ORDER granting #27 Parties' Joint Motion for Extension of Time to Coordinate Mediation. On or before May 1, 2018, the parties shall select a mediator and schedule mediation. Signed by Judge Darrin P. Gayles on 4/25/2018. (hmo)
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| Filing 28 Clerks Notice to Filer re #27 Joint MOTION for Extension of Time To Coordinate Mediation . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 27 Joint Motion for Extension of Time to Mediate by Deborah Davis. Responses due by 5/8/2018 (Attachments: #1 Text of Proposed Order)(Leveille, William) Modified Relief on 4/25/2018 (ls). |
| Filing 26 Witness List by Mojito Club Sawgrass, LLC., Simon Property Group, L.P., Sunrise Mills (MLP) Limited Partnership.. (Klein, Nolan) |
| Filing 25 Witness List by Deborah Davis.. (Leveille, William) |
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Filing 24
ORDER Setting Discovery Procedure. Please see Order for details. Signed by Magistrate Judge Barry S. Seltzer on 3/19/2018. (ccy)
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Filing 23
SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: (Status Conference set for 8/15/2018 10:00 AM before Judge Darrin P. Gayles., Jury Trial set for 10/15/2018 before Judge Darrin P. Gayles., Calendar Call set for 10/10/2018 09:30 AM before Judge Darrin P. Gayles., Amended Pleadings due by 3/20/2018., Expert Discovery due by 5/15/2018., Fact Discovery due by 5/15/2018., Joinder of Parties due by 3/20/2018., Mediation Deadline 7/13/2018., In Limine Motions due by 8/15/2018., Dispositive Motions due by 6/15/2018., Motions due by 8/15/2018., Pretrial Stipulation due by 9/17/2018.), ORDER REFERRING CASE to Mediation. (Mediation Deadline 7/13/2018.), ORDER REFERRING CASE to Magistrate Judge Barry S. Seltzer for Discovery Matters. Signed by Judge Darrin P. Gayles on 3/19/2018. (mc) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 22 Proposed SCHEDULING REPORT - Rule 16.1 by Deborah Davis (Leveille, William) |
| Filing 21 Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Mojito Club Sawgrass, LLC., Simon Property Group, L.P., Sunrise Mills (MLP) Limited Partnership (Ramirez, Hector) |
| Filing 20 AMENDED ANSWER and Affirmative Defenses to Complaint by Mojito Club Sawgrass, LLC., Simon Property Group, L.P., Sunrise Mills (MLP) Limited Partnership. (Ramirez, Hector) |
| Filing 19 ANSWER and Affirmative Defenses to Complaint by Mojito Club Sawgrass, LLC., Simon Property Group, L.P., Sunrise Mills (MLP) Limited Partnership. (Ramirez, Hector) |
| Filing 18 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by Deborah Davis. Mojito Club Sawgrass, LLC. served on 2/21/2017, answer due 3/7/2018. (Leveille, William) |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by Deborah Davis. Simon Property Group, L.P. served on 2/12/2018, answer due 3/7/2018. (Leveille, William) |
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Filing 16
ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before March 9, 2018, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 2/20/2018. (hmo)
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| Filing 15 REPORT REGARDING Defendants' Intent to Remediate in Compliance with DE 5 by Mojito Club Sawgrass, LLC., Simon Property Group, L.P., Sunrise Mills (MLP) Limited Partnership (Ramirez, Hector) |
| Filing 14 Certificate of Interested Parties/Corporate Disclosure Statement by Deborah Davis (Leveille, William) |
| Filing 13 NOTICE of Attorney Appearance by Hector Virgilio Ramirez on behalf of Mojito Club Sawgrass, LLC., Simon Property Group, L.P., Sunrise Mills (MLP) Limited Partnership. Attorney Hector Virgilio Ramirez added to party Mojito Club Sawgrass, LLC.(pty:dft), Attorney Hector Virgilio Ramirez added to party Simon Property Group, L.P.(pty:dft), Attorney Hector Virgilio Ramirez added to party Sunrise Mills (MLP) Limited Partnership(pty:dft). (Ramirez, Hector) |
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Filing 12
ENDORSED ORDER granting #11 Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendants shall respond to the Complaint on or before March 7, 2018. Signed by Judge Darrin P. Gayles on 2/16/2018. (hmo)
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| Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Mojito Club Sawgrass, LLC., Simon Property Group, L.P., Sunrise Mills (MLP) Limited Partnership. (Klein, Nolan) |
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Filing 10
ENDORSED ORDER denying #9 Defendants' Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendants have failed to fully comply with S.D. Fla. L.R. 7.1(a)(3). Counsel shall identify with specificity the reasonable efforts to confer (including the date, time, and manner of each effort). The Motion is denied without prejudice. Signed by Judge Darrin P. Gayles on 2/15/2018. (hmo)
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| Filing 9 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Mojito Club Sawgrass, LLC., Simon Property Group, L.P., Sunrise Mills (MLP) Limited Partnership. Attorney Nolan Keith Klein added to party Mojito Club Sawgrass, LLC.(pty:dft), Attorney Nolan Keith Klein added to party Simon Property Group, L.P.(pty:dft), Attorney Nolan Keith Klein added to party Sunrise Mills (MLP) Limited Partnership(pty:dft). (Klein, Nolan) |
| Filing 8 Summons Reissued as to Mojito Club Sawgrass, LLC. (mc) |
| Filing 7 NOTICE of Filing Proposed Summons(es) by Deborah Davis re #1 Complaint filed by Deborah Davis (Leveille, William) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by Deborah Davis. Sunrise Mills (MLP) Limited Partnership served on 1/25/2018, answer due 2/15/2018. (Leveille, William) |
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Filing 5
NOTICE OF COURT PRACTICE. The Complaint in this action is filed under the Americans with Disabilities Act (ADA), 42 U.S.C. 12181 et seq. In order to assist the Court in the management of this case, and in an effort to foster early and cost-effective resolution, the parties are ORDERED as follows: Within fourteen (14) days of service of the Complaint, Defendants shall file a report with the Court indicating whether they intend to remediate the deficiencies identified in the Complaint and agree to pay reasonable attorneys fees in connection with this action, as determined by the Court or agreement of the parties. If so, Defendants shall include a timeline for remediation. If, upon review of the report, the Court finds that Defendants intend to remediate the property in a timely manner, the Court will administratively close the case pending remediation. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the dismissal of this action or entry of default. Signed by Judge Darrin P. Gayles on 1/22/2018. (hmo)
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| Filing 4 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 1/22/2018. (hmo) |
| Filing 3 Summons Issued as to Mojito Club Sawgrass, LLC., Simon Property Group, L.P., Sunrise Mills (MLP) Limited Partnership. (mc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Barry S. Seltzer is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (mc) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-10342899, filed by Deborah Davis. (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s), #4 Civil Cover Sheet)(Leveille, William) |
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