Payne v. Shops of 26th Street, L.L.C.
Plaintiff: Denise Payne
Defendant: Shops of 26th Street, L.L.C. doing business as Shops of 26th Street
Case Number: 0:2022cv61947
Filed: October 19, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: Lauren Fleischer Louis
Referring Judge: K Michael Moore
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12182 Americans with Disabilities Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 14, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 14, 2022 Filing 18 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Anthony Joseph Perez re Notice of Change of Address, Email or Law Firm Name. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt)
December 14, 2022 Filing 17 NOTICE of Change of Address, Email or Law Firm Name by Anthony Joseph Perez (Perez, Anthony)
December 6, 2022 Filing 16 Defendant's ANSWER and Affirmative Defenses to Complaint by Shops of 26th Street, L.L.C.. (Shulby, Todd)
November 18, 2022 Opinion or Order Filing 15 PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Extension of Time. #12 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion for Extension of Time #12 is GRANTED. Defendant shall respond to the Complaint on or before December 6, 2022. Signed by Judge K. Michael Moore on 11/18/2022. (rfr)
November 18, 2022 Reset Answer Due Deadline: Shops of 26th Street, L.L.C. answer due 12/6/2022. Per d.e. 15 Order. (mee)
November 15, 2022 Filing 14 Notice of NO Pending, Refiled, Related or Similar Actions by Shops of 26th Street, L.L.C. (Shulby, Todd)
November 15, 2022 Filing 13 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Shops of 26th Street, L.L.C. (Shulby, Todd)
November 15, 2022 Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Shops of 26th Street, L.L.C.. (Shulby, Todd)
November 15, 2022 Filing 11 NOTICE of Attorney Appearance by Todd William Shulby on behalf of Shops of 26th Street, L.L.C.. Attorney Todd William Shulby added to party Shops of 26th Street, L.L.C.(pty:dft). (Shulby, Todd)
October 26, 2022 Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Denise Payne. Shops of 26th Street, L.L.C. served on 10/25/2022, response/answer due 11/15/2022. (Perez, Anthony)
October 24, 2022 Opinion or Order Filing 9 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 10/24/2022. (rfr)
October 24, 2022 Opinion or Order Filing 8 PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. 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. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 10/24/2022. (rfr)
October 21, 2022 Filing 7 Plaintiff's Certificate of Other Affiliates by Denise Payne identifying Other Affiliate Pablo Baez, Other Affiliate Timothy P. Neal, Other Affiliate Gary L. Brown for Denise Payne (Perez, Anthony)
October 19, 2022 Filing 6 Summons Issued as to Shops of 26th Street, L.L.C. (mab)
October 19, 2022 Filing 5 Clerks Notice of Docket Correction re 2 Clerk's Notice of Judge Assignment, Incorrect Venue Selected on original case number 22-cv-23397; Venue corrected by the Clerk. Case randomly assigned to Judge Moore for 22-cv-61947. (mab) Modified Text on 10/19/2022 (mab).
October 19, 2022 Filing 4 Clerk's Notice to Filer re: Electronic Case. Alias Not Added. The Filer failed to add the alias information for the party(ies). The correction was made. It is not necessary to re-file this document. (mab)
October 19, 2022 Filing 3 (Do not use-Change of Venue)Summons Issued as to Shops of 26th Street, L.L.C. (mab) Modified Text on 10/19/2022 (mab).
October 19, 2022 Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (mab)
October 19, 2022 Filing 1 COMPLAINT against Shops of 26th Street, L.L.C.. Filing fees $ 402.00 receipt number AFLSDC-16034255, filed by Denise Payne. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Perez, Anthony)

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Plaintiff: Denise Payne
Represented By: Anthony Joseph Perez
Represented By: Beverly Virues
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Defendant: Shops of 26th Street, L.L.C. doing business as Shops of 26th Street
Represented By: Todd William Shulby
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