Caplan v. Experience Tires Inc. et al
Plaintiff: Howard Michael Caplan
Defendant: Experience Tires Inc. and Baurley Industries LLC
Case Number: 0:2023cv62285
Filed: December 1, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Donald M Middlebrooks
Nature of Suit: Civil Rights: Accommodations
Cause of Action: 42 U.S.C. ยง 12182 Americans with Disabilities Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 24, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 24, 2024 Filing 14 Notice of Supplemental Authority re #11 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM OR IN THE ALTERANTIVE, MOTION TO STRIKE PLAINTIFFS COMPLAINT by Baurley Industries LLC, Experience Tires Inc. (Attachments: #1 Exhibit) (Minerley, Kenneth)
January 17, 2024 Filing 13 Plaintiff's MOTION Request for Judicial Notice re #11 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM OR IN THE ALTERANTIVE, MOTION TO STRIKE PLAINTIFFS COMPLAINT by Howard Michael Caplan. (Stern, Ronald)
January 17, 2024 Filing 12 RESPONSE in Opposition re #11 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM OR IN THE ALTERANTIVE, MOTION TO STRIKE PLAINTIFFS COMPLAINT filed by Howard Michael Caplan. Replies due by 1/24/2024. (Stern, Ronald)
January 11, 2024 Filing 11 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM OR IN THE ALTERANTIVE, MOTION TO STRIKE PLAINTIFFS COMPLAINT by Baurley Industries LLC, Experience Tires Inc.. Attorney Kenneth Louis Minerley added to party Experience Tires Inc.(pty:dft). Responses due by 1/25/2024. (Minerley, Kenneth)
January 2, 2024 Opinion or Order Filing 10 PAPERLESS ORDER granting #9 Unopposed Motion for Extension of Time. Defendant Baurely Industries, LLC, seeks an extension of time to respond to the Complaint from December 29, 2023, to January 12, 2024, citing only that counsel was recently retained. Motions for extension of time must set forth good cause supported by specific facts. This motion lacks any facts from which I can discern whether good cause exists. Vague references to the timing of counsel's retention are not sufficient. Nevertheless, I note that the Motion is unopposed, and the requested extension is relatively brief so I will grant it. Defendant Baurley Industries, LLC, shall respond to Plaintiff's Complaint on or by January 12, 2024. This extension applies to the moving Defendant only. Counsel is advised that future motions for extension of time must be better explained and supported. Signed by Judge Donald M. Middlebrooks on 1/2/2024. (kid)
December 22, 2023 Filing 9 Defendant's MOTION for Extension of Time TO RESPOND TO PLAINTIFFS COMPLAINT re #1 Complaint, by Baurley Industries LLC. Attorney Kenneth Louis Minerley added to party Baurley Industries LLC(pty:dft). Responses due by 1/5/2024 (Attachments: #1 Text of Proposed Order)(Minerley, Kenneth)
December 18, 2023 Filing 8 Plaintiff's Answers to Court's Interrogatories to #5 Scheduling Order by Howard Michael Caplan. (Attachments: #1 Exhibit A: Plaintiff's Notes)(Stern, Ronald)
December 18, 2023 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 Howard Michael Caplan. Experience Tires Inc. served on 12/5/2023, response/answer due 12/27/2023. (Stern, Ronald)
December 11, 2023 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 Howard Michael Caplan. Baurley Industries LLC served on 12/8/2023, response/answer due 12/29/2023. (Stern, Ronald)
December 5, 2023 Opinion or Order Filing 5 ADA TITLE III SCHEDULING ORDER: Mediation Deadline 3/4/2024. Status Report due by 3/11/2024. Signed by Judge Donald M. Middlebrooks on 12/5/2023. See attached document for full details. (wce)
December 4, 2023 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)
December 1, 2023 Filing 3 Summons Issued as to Baurley Industries LLC, and Experience Tires Inc. (wce)
December 1, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. 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. (wce)
December 1, 2023 Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17113605, filed by Howard Michael Caplan. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Stern, Ronald)

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Plaintiff: Howard Michael Caplan
Represented By: Ronald E. Stern
Represented By: Ronnette Gleizer
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Defendant: Experience Tires Inc.
Represented By: Kenneth Louis Minerley
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Defendant: Baurley Industries LLC
Represented By: Kenneth Louis Minerley
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