Harty v. Highlands Plaza Inc. et al
Plaintiff: Owen Harty
Defendant: Dollar Tree, Inc., TMT Properties, Inc., Highlands Plaza, Inc. and 1 Down South Food Corp
Case Number: 0:2018cv62510
Filed: October 19, 2018
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12182
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 15, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 15, 2018 Filing 26 STIPULATION for Approval of Settlement and Dismissal With Prejudice as to Highland Plaza, Inc., TMT, Inc., & 1 Down South Food Corp., only by Owen Harty (Attachments: #1 Exhibit Settlement Agreement, #2 Text of Proposed Order)(Cullen, Philip)
December 3, 2018 Filing 25 REPORT REGARDING Remediation by Dollar Tree, Inc. (Allen, Scott)
December 3, 2018 Filing 24 ANSWER and Affirmative Defenses to Amended Complaint by Dollar Tree, Inc.. (Allen, Scott)
November 20, 2018 Opinion or Order Filing 23 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: On or before December 3, 2018, Defendants shall file a report with the Court indicating whether it 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 (hs01)
November 20, 2018 Opinion or Order Filing 22 PAPERLESS ORDER granting #20 Motion for Extension of Time. Defendant Dollar Tree shall respond to the Complaint on or before December 3, 2018. Signed by Judge Darrin P. Gayles (hs01)
November 20, 2018 Filing 21 Corporate Disclosure Statement by Dollar Tree, Inc. identifying Corporate Parent Dollar Tree, Inc., Corporate Parent Family Dollar Stores, Inc. for Dollar Tree, Inc. (Allen, Scott)
November 20, 2018 Filing 20 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #5 Amended Complaint by Dollar Tree, Inc.. (Attachments: #1 Text of Proposed Order)(Allen, Scott)
November 20, 2018 Filing 19 NOTICE of Attorney Appearance by Scott Stephan Allen on behalf of Dollar Tree, Inc.. Attorney Scott Stephan Allen added to party Dollar Tree, Inc.(pty:dft). (Allen, Scott)
November 9, 2018 Filing 18 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint with a 21 day response/answer filing deadline by Owen Harty. Highlands Plaza, Inc. served on 11/5/2018, answer due 11/26/2018. (Cullen, Philip)
November 7, 2018 Filing 17 Clerks Notice to Filer re #15 Summons Returned Executed. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#16]. It is not necessary to refile this document. (lk)
November 6, 2018 Filing 16 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint with a 21 day response/answer filing deadline by Owen Harty. TMT Properties, Inc. served on 10/30/2018, answer due 11/20/2018. See image at DE #15 (lk)
November 6, 2018 Filing 15 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint with a 21 day response/answer filing deadline by Owen Harty. TMT Properties, Inc. served on 10/31/2018, answer due 11/21/2018. (Cullen, Philip)
November 6, 2018 Filing 14 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint with a 21 day response/answer filing deadline by Owen Harty. 1 Down South Food Corp served on 10/31/2018, answer due 11/21/2018. (Cullen, Philip)
November 6, 2018 Filing 13 Clerks Notice to Filer re #9 Summons Returned Executed. Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see [de#12]. It is not necessary to refile this document. (lk)
November 5, 2018 Filing 12 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Owen Harty. Dollar Tree, Inc. served on 10/31/2018, answer due 11/14/2018. See image at DE #9 (lk)
November 5, 2018 Filing 11 Notice of Pending, Refiled, Related or Similar Actions by Owen Harty (Cullen, Philip)
November 5, 2018 Filing 10 Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Owen Harty (Cullen, Philip)
November 5, 2018 Filing 9 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint with a 21 day response/answer filing deadline by Owen Harty. Dollar Tree, Inc. served on 10/26/2018, answer due 11/16/2018. (Cullen, Philip)
October 22, 2018 Filing 8 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 (hs01)
October 22, 2018 Filing 7 Summons Issued as to Dollar Tree, Inc.. (lk)
October 20, 2018 Filing 6 NOTICE of Filing Proposed Summons(es) by Owen Harty re #5 Amended Complaint filed by Owen Harty (Attachments: #1 Summon(s) Dollar Tree) (Cullen, Philip)
October 20, 2018 Filing 5 AMENDED COMPLAINT Filed as a Matter of Course against All Defendants, filed by Owen Harty.(Cullen, Philip)
October 19, 2018 Filing 4 Clerks Notice to Filer Re: Summons cannot be issued. The party on the summons (Dollar Tree Stores, Inc) does not match the initiating documents. (ar2)
October 19, 2018 Filing 3 Summons Issued as to 1 Down South Food Corp, Highlands Plaza, Inc. and TMT Properties, Inc. (ar2)
October 19, 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ar2)
October 19, 2018 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11090571, filed by Owen Harty. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Dollar Tree, #3 Summon(s) 1 Down South, #4 Summon(s) Highlands, #5 Summon(s) TMT)(Cullen, Philip)

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Defendant: Dollar Tree, Inc.
Represented By: Scott Stephan Allen
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Defendant: TMT Properties, Inc.
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Defendant: Highlands Plaza, Inc.
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Defendant: 1 Down South Food Corp
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Plaintiff: Owen Harty
Represented By: Philip Michael Cullen, III
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