Caplan v. J&P AUTOMOTIVE & POWER BRAKE SERVICE, INC. et al
| Howard Michael Caplan |
| J&P AUTOMOTIVE & POWER BRAKE SERVICE, INC. and TRINITY WAREHOUSING, INC. |
| 0:2023cv60480 |
| March 14, 2023 |
| US District Court for the Southern District of Florida |
| Panayotta D Augustin-Birch |
| Kathleen M Williams |
| Civil Rights: Accommodations |
| 42 U.S.C. ยง 12182 Americans with Disabilities Act |
| None |
Docket Report
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| Document Text |
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| Filing 12 NOTICE of Voluntary Dismissal of Defendant J&P Automotive & Power Brake Service, Inc. by Howard Michael Caplan (Stern, Ronald) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Howard Michael Caplan. TRINITY WAREHOUSING, INC. waiver sent on 4/26/2023, response/answer due 6/26/2023. (Stern, Ronald) |
| Filing 10 Clerk's Entry of Default as to J&P AUTOMOTIVE & POWER BRAKE SERVICE, INC. per Order Directing Clerk to Enter Default Re: 9 Order Directing Clerk to Enter Default. Signed by DEPUTY CLERK on 5/2/2023. (amb) |
Filing 9
PAPERLESS ORDER Directing Clerk to Enter Default. On March 23, 2023, Plaintiff filed proof of service alleging service on Defendant J&P Automotive & Power Brake Service, Inc. ("J&P") on March 22, 2023 (DE #8 ), making Defendant J&P's answer to the Complaint due on or before April 12, 2023. To date, Defendant J&P has failed to appear or file a responsive pleading to the Complaint. The Federal Rules of Civil Procedure provide that the Clerk must enter default against a defendant who has failed to plead or otherwise defend. See Fed. R. Civ. P. 55. Accordingly, it is ORDERED AND ADJUDGED that the Clerk is directed to ENTER DEFAULT against Defendant J&P.On or before June 2, 2023, Plaintiff shall file a motion for final default judgment against Defendant J&P and serve it in accordance with Rule 55(b)(2) of the Federal Rules of Civil Procedure. The motion must be accompanied by a proposed default final judgment order setting forth the sum certain owed as money damages and the sum certain sought for attorneys' fees and costs supported by sufficient evidence, through affidavits or otherwise, to establish the basis for damages and other relief sought in the pleadings. The motion must also reference specific legal authority establishing Plaintiff's entitlement to the relief sought and demonstrating that service was proper. Signed by Judge Kathleen M. Williams on 5/2/2023. (er01)
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| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Howard Michael Caplan. J&P AUTOMOTIVE & POWER BRAKE SERVICE, INC. served on 3/22/2023, response/answer due 4/12/2023. (Stern, Ronald) |
| Filing 7 CERTIFICATE of Counsel re #5 Order Referring Case to Magistrate Judge, Notice of Court Practice/to Appear/Other by Ronald E. Stern on behalf of Howard Michael Caplan (Stern, Ronald) |
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Filing 6
ORDER SETTING DISCOVERY PROCEDURES. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 3/16/2023. See attached document for full details. (sk01)
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Filing 5
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES IN ADA CASES. Signed by Judge Kathleen M. Williams on 3/16/2023. See attached document for full details. (pc)
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| Filing 4 NOTICE of Attorney Appearance by Ronnette Gleizer on behalf of Howard Michael Caplan. Attorney Ronnette Gleizer added to party Howard Michael Caplan(pty:pla). (Gleizer, Ronnette) |
| Filing 3 Summons Issued as to J&P AUTOMOTIVE & POWER BRAKE SERVICE, INC., TRINITY WAREHOUSING, INC.. (pc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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. (pc) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16428361, filed by Howard Michael Caplan. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Stern, Ronald) |
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