Caplan v. Smile Garden, Inc. et al
| Howard Michael Caplan |
| Smile Garden, Inc., FAUSTO NICIEZA and Alyne Tendero |
| 0:2024cv60009 |
| January 3, 2024 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| Jared M Strauss |
| Civil Rights: Accommodations |
| 42 U.S.C. § 12182 Americans with Disabilities Act |
| None |
Docket Report
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This docket was last retrieved on March 1, 2024. A more recent docket listing may be available from PACER.
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| Filing 21 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Christopher E. Benjamin as Mediator. Mediation Hearing set for 3/15/2024 at 2:00 p.m. (Attachments: #1 Text of Proposed Order)(Stern, Ronald) |
Filing 20
ORDER STRIKING #18 Notice of Mediator Selection and/or Hearing; Amended Notice of Mediation Hearing due 2/29/2024. Signed by Judge Raag Singhal on 2/23/2024. See attached document for full details. (ls)
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| Filing 19 RESPONSE in Opposition re #14 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, filed by Howard Michael Caplan. Replies due by 2/29/2024. (Stern, Ronald) |
| Filing 18 "STRICKEN" NOTICE of Mediator Selection and Hearing. Selected/Added Christopher E. Benjamin as Mediator. Mediation Hearing set for 3/13/2024 at 10:00 a.m. (Attachments: #1 Text of Proposed Order)(Stern, Ronald) Modified on 2/26/2024 (ls). (per DE #20 ) |
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Filing 17
PAPERLESS ORDER granting #16 Plaintiff Howard Michael Caplan's Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss [DE 14]. Plaintiff shall file a Response to Defendants' Motion to Dismiss the Complaint for Lack of Subject-Matter Jurisdiction and Supporting Memorandum of Law (DE #14 ) on or before 2/22/2024. Signed by Judge Raag Singhal on 2/13/2024. (lp00)
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| Filing 16 Unopposed MOTION for Extension of Time to File Response re #14 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, by Howard Michael Caplan. Responses due by 2/26/2024. (Attachments: #1 Text of Proposed Order)(Stern, Ronald) |
| Filing 15 Defendant's Corporate Disclosure Statement by FAUSTO NICIEZA, Smile Garden, Inc., Alyne Tendero (Metsch, Lawrence) |
| Filing 14 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, by FAUSTO NICIEZA, Smile Garden, Inc., Alyne Tendero. Responses due by 2/12/2024. (Metsch, Lawrence) |
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Filing 13
DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jared M. Strauss on 1/24/2024. See attached document for full details. (cer)
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Filing 12
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 11/18/2024 09:00 AM in Fort Lauderdale Division before Judge Raag Singhal., Calendar Call set for 11/13/2024 02:00 PM before Judge Raag Singhal., Status Conference set for 4/2/2024 04:00 PM in Fort Lauderdale Division before Judge Raag Singhal., Amended Pleadings due by 3/7/2024., Discovery due by 7/31/2024., Expert Discovery due by 7/31/2024., Joinder of Parties due by 3/7/2024., Mediation Deadline 8/7/2024., In Limine Motions due by 9/18/2024., Dispositive Motions due by 8/14/2024., Motions due by 8/14/2024., Pretrial Stipulation due by 11/4/2024.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 8/7/2024.), ORDER REFERRING CASE to Magistrate Judge Jared M. Strauss for Discovery Matters. Signed by Judge Raag Singhal on 1/24/2024. See attached document for full details. (cqs) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 11 NOTICE of Attorney Appearance by Lawrence Richard Metsch on behalf of FAUSTO NICIEZA, Smile Garden, Inc., Alyne Tendero. Attorney Lawrence Richard Metsch added to party FAUSTO NICIEZA(pty:dft), Attorney Lawrence Richard Metsch added to party Smile Garden, Inc.(pty:dft), Attorney Lawrence Richard Metsch added to party Alyne Tendero(pty:dft). (Metsch, Lawrence) |
| Filing 10 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Howard Michael Caplan (Stern, Ronald) |
| Filing 9 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. FAUSTO NICIEZA served on 1/10/2024, response/answer due 1/31/2024. (Stern, Ronald) |
| 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. Smile Garden, Inc. served on 1/8/2024, response/answer due 1/29/2024. (Stern, Ronald) |
| 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. Alyne Tendero served on 1/8/2024, response/answer due 1/29/2024. (Stern, Ronald) |
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Filing 6
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 1/4/2024. (am00)
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| Filing 5 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions (and responses to 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 (and responses).Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. 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).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 1/4/2024. (am00) |
| 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 FAUSTO NICIEZA, Smile Garden, Inc., Alyne Tendero. (nwn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss 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. (nwn) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17183698, filed by Howard Michael Caplan. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Stern, Ronald) |
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