Cohan v. Speedway LLC
Plaintiff: Howard Cohan
Defendant: Speedway LLC
Case Number: 0:2019cv62305
Filed: September 17, 2019
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. ยง 12182
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 14, 2019 Filing 13 NOTICE of Voluntary Dismissal with Prejudice by Howard Cohan (Weiss, Jason)
November 13, 2019 Opinion or Order Filing 12 PAPERLESS ORDER administratively closing case in light of #11 Notice of Pending 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)
November 13, 2019 Filing 11 NOTICE of Settlement by Howard Cohan (Weiss, Jason)
November 1, 2019 Opinion or Order Filing 10 PAPERLESS ORDER granting #9 Defendant's Unopposed Motion for Extension of Time. Defendant shall file its response to Plaintiff's Complaint and the Court's Notice of Court Practice on or before November 14, 2019. Signed by Judge Darrin P. Gayles (lfn)
October 31, 2019 Filing 9 Unopposed MOTION for Extension of Time to Comply with this Court's Notice of Practice re 5 Notice of Court Practice/to Appear/Other,,,,, ( Responses due by 11/14/2019), Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Speedway LLC. Attorney Eric Stephen Boos added to party Speedway LLC(pty:dft). (Attachments: #1 Text of Proposed Order Proposed Order Granting Defendant's Motion for Extension of Time)(Boos, Eric)
October 7, 2019 Opinion or Order Filing 8 PAPERLESS ORDER granting #6 Defendant's Unopposed Motion for Extensions of Time. Defendant shall respond to Plaintiff's Complaint and the Court's Notice of Court Practice on or before October 31, 2019. Signed by Judge Darrin P. Gayles (lfn)
October 7, 2019 Filing 7 Clerks Notice to Filer re #6 Unopposed MOTION for Extension of Time to Respond to the Complaint and Comply with the requirements of the Court's Notice of Court Practice re #1 Complaint, 5 Notice of Court Practice/to Appear/Other,,,,,. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. AND 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)
October 4, 2019 Filing 6 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Speedway LLC. Attorney Daniel Brandon Rogers added to party Speedway LLC(pty:dft). Responses due by 10/18/2019 (Attachments: #1 Text of Proposed Order)(Rogers, Daniel) Modified Relief on 10/7/2019 (ls). Added MOTION for Extension of Time to Comply with the requirements re 5 Notice of Court Practice/to Appear/Other,,,,, on 10/7/2019 (ls).
September 18, 2019 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 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. Signed by Judge Darrin P. Gayles (lfn)
September 18, 2019 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)
September 17, 2019 Filing 3 Summons Issued as to Speedway LLC. (jao)
September 17, 2019 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. (jao)
September 17, 2019 Filing 1 COMPLAINT against Speedway LLC. Filing fees $ 400.00 receipt number 113C-11989534, filed by Howard Cohan. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Weiss, Jason)

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Plaintiff: Howard Cohan
Represented By: Jason Stuart Weiss
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Defendant: Speedway LLC
Represented By: Eric Stephen Boos
Represented By: Daniel Brandon Rogers
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