Fuller v. Things Remembered, Inc.
| Emily Fuller |
| Things Remembered, Inc. |
| 0:2019cv62034 |
| August 14, 2019 |
| U.S. District Court for the Southern District of Florida |
| Darrin P Gayles |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12182 |
| None |
Docket Report
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| Filing 13 Closing Case pursuant to #12 Default Final Judgment. (lfn) |
Filing 12
DEFAULT FINAL JUDGMENT pursuant to the Court's #11 Order Granting Default. Signed by Judge Darrin P. Gayles See attached document for full details. (lfn)
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Filing 11
ORDER granting #10 Plaintiffs Motion for Default Final Judgment Signed by Judge Darrin P. Gayles See attached document for full details. (lfn)
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| Filing 10 Plaintiff's MOTION for Default Judgment by Emily Fuller. (Attachments: #1 Exhibit)(Hannah, Roderick) |
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Filing 9
NOTICE OF COURT PRACTICE ON DEFAULT PROCEDURE. Plaintiff effectuated service of the summons and complaint on Defendant on August 15, 2019 [ECF No. 6]. Defendant, however, has failed to plead or otherwise defend this action after being served with process. Accordingly, within ten (10) days of entry of default by the Clerk, Plaintiff shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiffs failure to file a Motion for Final Default Judgment on or before the date set forth above may result in dismissal of the instant action. Plaintiff shall immediately provide Defendant with a copy of this Order via certified mail. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 8 Clerks Entry of Default as to THINGS REMEMBERED, INC., - Motions Terminated: #7 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 9/9/2019. (dj) |
| Filing 7 Plaintiff's MOTION for Clerks Entry of Default as to Things Remembered, Inc. by Emily Fuller. (Hannah, Roderick) |
| 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 Emily Fuller. Things Remembered, Inc. served on 8/15/2019, answer due 9/5/2019. (Duran, Pelayo) |
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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 Things Remembered, Inc.. (drz) |
| 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. (drz) |
| Filing 1 COMPLAINT against Things Remembered, Inc.. Filing fees $ 400.00 receipt number 113C-11901651, filed by Emily Fuller. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Summon(s))(Duran, Pelayo) |
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| Defendant: Things Remembered, Inc. | |
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| Plaintiff: Emily Fuller | |
| Represented By: | Roderick Victor Hannah |
| Represented By: | Pelayo M. Duran |
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