Betancourt v. Culbreth et al
Plaintiff: Rudolph Betancourt
Defendant: Shirley Culbreth, Dewey J. Culbreth, Jr. and Mammy's Shanty, Inc.
Case Number: 0:2023cv62357
Filed: December 15, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Donald M Middlebrooks
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 February 12, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 12, 2024 Opinion or Order Filing 17 PAPERLESS ORDER SETTING DEADLINE TO FILE CLOSING DOCUMENTS. The Parties notified the Court that they have settled this matter (DE #16 ), and the Court congratulates them on reaching an amicable resolution of this case. The Parties shall file the appropriate closing documents within 10 days, or no later than February 19, 2024. The Parties are advised that the Notice of Settlement does not stay ongoing litigation, and until the appropriate closing documents are filed, the Court will expect compliance with all pretrial deadlines. However, in view of the pending settlement, and so as to avoid unnecessary expenditure of litigation costs, I will extend the deadline for Defendants to file a reply in support of their motion to dismiss until February 19, 2024. Signed by Judge Donald M. Middlebrooks on 2/12/2024. (kid)
February 8, 2024 Filing 16 NOTICE of Settlement in Principle by Rudolph Betancourt (Goldstein, Glenn)
February 8, 2024 Filing 15 RESPONSE in Opposition re #14 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Rudolph Betancourt. Replies due by 2/15/2024. (Attachments: #1 Exhibit)(Goldstein, Glenn)
January 25, 2024 Filing 14 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Shirley Culbreth, Dewey J. Culbreth, Jr., Mammy's Shanty, Inc.. Responses due by 2/8/2024. (Attachments: #1 Exhibit Ex A - Pacer Cases, #2 Exhibit Ex B - Lomar Holdings Complaint)(MacClugage, Lisa)
January 17, 2024 Filing 13 Plaintiff's NOTICE OF COMPLIANCE WITH AND OF SERVICE OF PLAINTIFF'S WRITTEN REPORT OF VIOLATIONS by Rudolph Betancourt re #5 Order, Set/Reset Deadlines (Goldstein, Glenn)
January 10, 2024 Opinion or Order Filing 12 PAPERLESS ORDER granting #11 Unopposed Motion for Extension of Time. Defendants seek an extension of time to January 25, 2024, to respond to Plaintiff's Complaint. In support, Defendants state that counsel has recently been retained, is reviewing records, and preparing the appropriate response. Motions for extension of time must set forth good cause supported by specific facts. Generalized references to the timing of counsel's retention fall short of the good cause standard. Notwithstanding, because the Motion is unopposed and the requested extension is brief, I will grant it. Defendants shall respond to Plaintiff's Complaint on or by January 25, 2024. I caution counsel that future motions for extension of time must be better supported. Signed by Judge Donald M. Middlebrooks on 1/10/2024. (kid)
January 9, 2024 Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Shirley Culbreth, Dewey J. Culbreth, Jr., Mammy's Shanty, Inc.. (Attachments: #1 Text of Proposed Order)(MacClugage, Lisa)
January 9, 2024 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 Rudolph Betancourt. Mammy's Shanty, Inc. served on 12/21/2023, response/answer due 1/11/2024. (Goldstein, Glenn)
January 4, 2024 Filing 9 NOTICE of Attorney Appearance by Lisa Decker MacClugage on behalf of Shirley Culbreth, Dewey J. Culbreth, Jr., Mammy's Shanty, Inc.. Attorney Lisa Decker MacClugage added to party Shirley Culbreth(pty:dft), Attorney Lisa Decker MacClugage added to party Dewey J. Culbreth, Jr.(pty:dft), Attorney Lisa Decker MacClugage added to party Mammy's Shanty, Inc.(pty:dft). (MacClugage, Lisa)
January 4, 2024 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 Rudolph Betancourt. Dewey J. Culbreth, Jr. served on 12/21/2023, response/answer due 1/11/2024. (Goldstein, Glenn)
January 3, 2024 Filing 7 Plaintiff's NOTICE of Filing ANSWERS TO COURT'S TITLE III INTERROGATORIES by Rudolph Betancourt re #5 Order, Set/Reset Deadlines (Goldstein, Glenn)
December 20, 2023 Filing 6 CERTIFICATE of Counsel RE Prior Filings Under the ADA by Glenn R Goldstein on behalf of Rudolph Betancourt (Goldstein, Glenn)
December 19, 2023 Opinion or Order Filing 5 ADA TITLE III SCHEDULING ORDER. Signed by Judge Donald M. Middlebrooks on 12/19/2023. See attached document for full details. (rbe)
December 18, 2023 Filing 4 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Rudolph Betancourt (Goldstein, Glenn)
December 15, 2023 Filing 3 Summons Issued as to Shirley Culbreth, Dewey J. Culbreth, Jr., Mammy's Shanty, Inc. (rbe)
December 15, 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. (rbe)
December 15, 2023 Filing 1 COMPLAINT against Shirley Culbreth, Dewey J. Culbreth, Jr., Mammy's Shanty, Inc.. Filing fees $ 405.00 receipt number AFLSDC-17146070, filed by Rudolph Betancourt. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Goldstein, Glenn)

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Plaintiff: Rudolph Betancourt
Represented By: Lauren Nicole Wassenberg
Represented By: Glenn R Goldstein
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Defendant: Shirley Culbreth
Represented By: Lisa Decker MacClugage
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Defendant: Dewey J. Culbreth, Jr.
Represented By: Lisa Decker MacClugage
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Defendant: Mammy's Shanty, Inc.
Represented By: Lisa Decker MacClugage
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