Barberi v. Tax Connek USA Inc. et al
| Renzo Barberi |
| HOWARD DORFMAN, LINDA KING DORFMAN and TAX CONNEK USA INC. |
| 0:2019cv61696 |
| July 10, 2019 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Civil Rights: Accommodations |
| 42 U.S.C. § 12182 |
| None |
Docket Report
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Filing 26
PAPERLESS ORDER denying #19 Plaintiff's Motion for Summary Judgment. Plaintiff's Motion is premature. A motion for summary judgment pursuant to Rule 56 is premature where discovery has not yet commenced. See Ventrassist Pty. Ltd. v. Heartware, Inc., 377 F. Supp. 2d 1278, 1287 (S.D. Fla. 2005). In this case, a Joint Scheduling Report has not been entered that would trigger the start of discovery and a trial date has yet to be issued. Accordingly, the Court finds that a ruling on summary judgment is not appropriate at this time. Plaintiff's Motion is denied without prejudice. Signed by Judge Darrin P. Gayles (lfn)
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Filing 25
PAPERLESS ORDER denying #8 Defendant Tax Connek USA Inc.'s Motion to Dismiss. Defendant's Motion was filed by a corporate representative. But Defendant is a corporation and therefore cannot proceed pro se. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385-86 (11th Cir. 1985). Defendant's Motion is denied without prejudice. Accordingly, Plaintiff's #14 Motion to Strike Defendant's Motion to Dismiss is denied as moot. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 24 Joint SCHEDULING REPORT - Rule 16.1 by Renzo Barberi (Attachments: #1 Text of Proposed Order)(Stern, Ronald) |
| Filing 23 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Renzo Barberi (Stern, Ronald) |
| Filing 22 Certificate of Other Affiliates/Corporate Disclosure Statement by Howard Dorfman, Linda King Dorfman, Tax Connek USA Inc. identifying Other Affiliate MAX H. SAINTIL, Other Affiliate Howard Dorfman, Other Affiliate Linda King Dorfman, Other Affiliate Wislet H. Metayer, Other Affiliate Max H. Saintil, Jr. for Howard Dorfman, Linda King Dorfman, Tax Connek USA Inc. (Minerley, Kenneth) |
| Filing 21 NOTICE of Attorney Appearance by Jennifer Marie Murillo-Hurtado on behalf of Howard Dorfman, Linda King Dorfman, Tax Connek USA Inc.. Attorney Jennifer Marie Murillo-Hurtado added to party Howard Dorfman(pty:dft), Attorney Jennifer Marie Murillo-Hurtado added to party Linda King Dorfman(pty:dft), Attorney Jennifer Marie Murillo-Hurtado added to party Tax Connek USA Inc.(pty:dft). (Murillo-Hurtado, Jennifer) |
| Filing 20 NOTICE of Attorney Appearance by Kenneth Louis Minerley on behalf of Howard Dorfman, Linda King Dorfman, Tax Connek USA Inc.. Attorney Kenneth Louis Minerley added to party Howard Dorfman(pty:dft), Attorney Kenneth Louis Minerley added to party Linda King Dorfman(pty:dft), Attorney Kenneth Louis Minerley added to party Tax Connek USA Inc.(pty:dft). (Minerley, Kenneth) |
| Filing 19 Plaintiff's MOTION for Summary Judgment by Renzo Barberi. Responses due by 9/4/2019 (Attachments: #1 Text of Proposed Order)(Stern, Ronald) |
| Filing 18 Statement of: Material Facts in Support of Plaintiff's Motion for Summary Judgment by Renzo Barberi (Stern, Ronald) |
| Filing 17 NOTICE by Renzo Barberi of Filing Plaintiff's Affidavit (Attachments: #1 Exhibit A: Plaintiff's Affidavit) (Stern, Ronald) |
| Filing 16 NOTICE by Renzo Barberi of Filing Affidavit of Jon Kronillis (Attachments: #1 Exhibit A: Expert Affidavit) (Stern, Ronald) |
| Filing 15 RESPONSE in Opposition re #10 MOTION to Dismiss with Prejudice #1 Complaint, filed by Renzo Barberi. Replies due by 8/26/2019. (Attachments: #1 Exhibit A: Letter from 43 Senators)(Stern, Ronald) |
| Filing 14 Plaintiff's MOTION to Strike #8 MOTION to Dismiss #1 Complaint, by Renzo Barberi. Responses due by 8/29/2019 (Attachments: #1 Text of Proposed Order)(Stern, Ronald) |
| Filing 13 DEFENDANT'S REPORT AS ORDERED BY THE COURT by Howard Dorfman, Linda King Dorfman (pcs) |
| Filing 12 Consent by Pro Se Litigant (Non-Prisoner) Linda King Dorfman to receive Notices of Electronic Filing at email address: LKing67@aol.com (pcs) |
| Filing 11 Added Address for Defendants Howard Dorfman and Linda King Dorfman. (pcs) |
| Filing 10 MOTION to Dismiss with Prejudice #1 Complaint, by Howard Dorfman, Linda King Dorfman. Responses due by 8/16/2019 (Attachments: #1 Exhibit)(pcs) |
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Filing 9
ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before August 23, 2019, 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 See attached document for full details. (lfn)
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| Filing 8 MOTION to Dismiss #1 Complaint, by Tax Connek USA Inc.. Responses due by 8/15/2019 (pcs) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Renzo Barberi. LINDA KING DORFMAN served on 7/13/2019, answer due 8/5/2019. (Stern, Ronald) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Renzo Barberi. HOWARD DORFMAN served on 7/13/2019, answer due 8/5/2019. (Stern, Ronald) |
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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 an early and cost-effective resolution, the parties are ORDERED as follows: Within fourteen (14) days of service of the Complaint, Defendant shall file a report with the Court indicating whether it agrees to (1) remediate the deficiencies identified in the Complaint, (2) entry of an injunction to ensure future compliance, and (3) pay Plaintiff's reasonable attorneys fees and costs, as determined by the Court or agreement by the parties. If so, Defendant shall include a reasonable timeline for remediation. If, upon review of the report, the Court finds that Defendant intends to remediate the property within a reasonable time, the action shall be stayed. If requested, the Court may grant proportional discovery to verify Defendant's remediation of the ADA deficiencies outlined in the Complaint. After receiving notice from the parties that the ADA deficiencies outlined in the Complaint have been remediated, the parties shall submit to the Court a proposed order of dismissal, including an injunction for future compliance and an award of reasonable attorney's fees and costs. Disputes will be resolved by the Court. If the Defendant does not agree to this remediation procedure, it shall notify the Court within 14 days of this Order. Signed by Judge Darrin P. Gayles (lfn)
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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 (lfn) |
| Filing 3 Summons Issued as to HOWARD DORFMAN, LINDA KING DORFMAN, TAX CONNEK USA INC.. (Attachments: #1 Summon(s), #2 Summon(s))(ebz) |
| 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. (ebz) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants. Filing fees $ 400.00 receipt number 113C-11799826, filed by Renzo Barberi. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Stern, Ronald) |
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