Mears v. Discount Auto Parts, LLC et al
Plaintiff: James Mears
Defendant: Spirit Master Funding X, LLC and Discount Auto Parts, LLC
Case Number: 0:2018cv61835
Filed: August 7, 2018
Court: US District Court for the Southern District of Florida
Office: Ft Lauderdale Office
Presiding Judge: Darrin P Gayles
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. ยง 12182
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 1, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2018 Opinion or Order Filing 13 PAPERLESS ORDER DISMISSING CASE WITH PREJUDICE pursuant to #12 JOINT STIPULATION OF DISMISSAL WITH PREJUDICE. Signed by Judge Darrin P. Gayles (lfn)
October 1, 2018 Filing 12 STIPULATION of Dismissal - Joint Stipulation of Dismissal With Prejudice by Discount Auto Parts, LLC (Chiu, Alicia)
September 12, 2018 Opinion or Order Filing 11 ENDORSED ORDER administratively closing case in light of #10 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 (lfn)
September 12, 2018 Filing 10 NOTICE of Settlement by Discount Auto Parts, LLC, Spirit Master Funding X, LLC (Chiu, Alicia)
August 21, 2018 Opinion or Order Filing 9 PAPERLESS ORDER granting #8 Defendants' Motion for Extension of Time to File Remediation Plan and Respond to #1 Complaint. Responses due by 9/13/2018. Signed by Judge Darrin P. Gayles (lfn)
August 21, 2018 Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 5 Notice of Court Practice,,,, #1 Complaint, by Discount Auto Parts, LLC, Spirit Master Funding X, LLC. Attorney Alicia M. Chiu added to party Discount Auto Parts, LLC(pty:dft), Attorney Alicia M. Chiu added to party Spirit Master Funding X, LLC(pty:dft). (Chiu, Alicia)
August 14, 2018 Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by James Mears. Spirit Master Funding X, LLC served on 8/9/2018, answer due 8/30/2018. (Schapiro, Douglas)
August 14, 2018 Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by James Mears. Discount Auto Parts, LLC served on 8/9/2018, answer due 8/30/2018. (Schapiro, Douglas)
August 8, 2018 Opinion or Order 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 attorney's 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 8/8/2018. (lh00)
August 8, 2018 Filing 4 PAPERLESS 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 dismissal of this action or entry of default Signed by Judge Darrin P. Gayles on 8/8/2018. (lh00)
August 8, 2018 Filing 3 Summons Issued as to Discount Auto Parts, LLC, Spirit Master Funding X, LLC. (pes)
August 7, 2018 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. (pes)
August 7, 2018 Filing 1 COMPLAINT Injunctive Relief Sought against Discount Auto Parts, LLC, Spirit Master Funding X, LLC. Filing fees $ 400.00 receipt number 113C-10887609, filed by James Mears. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Discount Auto Parts, LLC, #3 Summon(s) Spirit Master, #4 Certification)(Schapiro, Douglas)

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Plaintiff: James Mears
Represented By: Douglas Steven Schapiro
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Defendant: Spirit Master Funding X, LLC
Represented By: Alicia M. Chiu
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Defendant: Discount Auto Parts, LLC
Represented By: Alicia M. Chiu
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