BETANCOURT v. MS PROPERTY MANAGEMENT L.L.C. et al
| RUDOLPH BETANCOURT |
| MS PROPERTY MANAGEMENT L.L.C., SALLY BEAUTY SUPPLY LLC and M & S Property Management Corp. |
| 0:2024cv60016 |
| January 4, 2024 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12182 Americans with Disabilities Act |
| None |
Docket Report
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This docket was last retrieved on February 26, 2024. A more recent docket listing may be available from PACER.
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| Filing 19 SUMMONS (Affidavit) Returned Executed on #13 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by RUDOLPH BETANCOURT. M & S Property Management Corp. served on 2/15/2024, response/answer due 3/7/2024. (Goldstein, Glenn) |
| Filing 18 Defendant's MOTION TO DISMISS #13 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM OR IN THE ALTERANTIVE, MOTION TO STRIKE PLAINTIFFS FIRST AMENDED COMPLAINT by SALLY BEAUTY SUPPLY LLC. Responses due by 3/5/2024. (Minerley, Kenneth) |
Filing 17
PAPERLESS ORDER dismissing, without prejudice, this action as to Defendant MS Property Management L.L.C. based on Plaintiff's #15 Notice of Voluntary Dismissal Without Prejudice Against Defendant MS Property Management L.L.C. Only. Each party will bear its own fees and costs, and all pending motions regarding Defendant MS Property Management L.L.C. are denied as moot. Signed by Judge Darrin P. Gayles on 2/9/2024. (bs00)
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| Filing 16 Summons Issued as to M & S Property Management Corp. (pcs) |
| Filing 15 NOTICE of Voluntary Dismissal as to Defendant, MS PROPERTY MANAGEMENT, L.L.C., ONLY by RUDOLPH BETANCOURT (Goldstein, Glenn) |
| Filing 14 NOTICE of Filing Proposed Summons(es) for Defendant, M & S PROPERTY MANAGEMENT CORP. by RUDOLPH BETANCOURT re #13 Amended Complaint/Amended Notice of Removal filed by RUDOLPH BETANCOURT (Goldstein, Glenn) |
| Filing 13 First AMENDED COMPLAINT against SALLY BEAUTY SUPPLY LLC, M & S Property Management Corp., filed by RUDOLPH BETANCOURT.(Goldstein, Glenn) |
| Set/Reset Response/Answer Due Deadline per DE 11 : SALLY BEAUTY SUPPLY LLC response/answer due 2/16/2024. (pcs) |
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Filing 12
ORDER ON DEFAULT PROCEDURE. Plaintiff effectuated service of the summons and complaint on Defendant MS Property Management L.L.C. on January 11, 2024. [ECF No. 8]. Defendant MS Property Management L.L.C., however, has failed to plead or otherwise defend this action after being served with process. Accordingly, within five (5) days of the date of this Order, Plaintiff shall file for entry of default by the Clerk as to the defendant. Within ten (10) days of entry of default by the Clerk, Plaintiff shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiff's failure to file a Motion for Final Default Judgment on or before the date set forth above may result in dismissal of the instant action. Signed by Judge Darrin P. Gayles on 2/7/2024. (bs00)
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Filing 11
PAPERLESS ORDER granting #10 Defendant's Unopposed Motion for Enlargement of Time to Respond to Plaintiff's Complaint. Defendant Sally Beauty Supply LLC shall file its response on or before February 16, 2024. Signed by Judged Darrin P. Gayles on 2/7/2024. (bs00)
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| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by SALLY BEAUTY SUPPLY LLC. Attorney Kenneth Louis Minerley added to party SALLY BEAUTY SUPPLY LLC(pty:dft). (Minerley, Kenneth) |
| 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 RUDOLPH BETANCOURT. SALLY BEAUTY SUPPLY LLC served on 1/16/2024, response/answer due 2/6/2024. (Goldstein, Glenn) |
| 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. MS PROPERTY MANAGEMENT L.L.C. served on 1/11/2024, response/answer due 2/1/2024. (Goldstein, Glenn) |
| Filing 7 CERTIFICATE of Counsel RE Prior Filings Under the ADA by Glenn R Goldstein on behalf of RUDOLPH BETANCOURT (Goldstein, Glenn) |
| Filing 6 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by RUDOLPH BETANCOURT (Goldstein, Glenn) |
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Filing 5
NOTICE OF COURT PRACTICE. The Complaint in this action is filed under the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12181 et seq. In order to assist the Court in the management of this case, and in an effort to foster an early and cost-effective resolution, the parties are ORDERED as follows: Within fourteen (14) days of service of the Complaint, Defendant shall file a report with the Court indicating whether it agrees to (1) remediate the deficiencies identified in the Complaint, (2) entry of an injunction to ensure future compliance, and (3) pay Plaintiff's reasonable attorney's fees and costs, as determined by the Court or agreement by the parties. If so, Defendant shall include a reasonable timeline for remediation. If, upon review of the report, the Court finds that Defendant intends to remediate the property within a reasonable time, the action shall be stayed. If requested, the Court may grant proportional discovery to verify Defendant's remediation of the ADA deficiencies outlined in the Complaint. After receiving notice from the parties that the ADA deficiencies outlined in the Complaint have been remediated, the parties shall submit to the Court a proposed order of dismissal, including an injunction for future compliance and an award of reasonable attorney's fees and costs. Disputes will be resolved by the Court. Signed by Judge Darrin P. Gayles on 1/5/2024. (bs00)
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| Filing 4 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. 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. Signed by Judge Darrin P. Gayles on 1/5/2024. (bs00) |
| Filing 3 Summons Issued as to MS PROPERTY MANAGEMENT L.L.C., SALLY BEAUTY SUPPLY LLC. (rbe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. 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) |
| Filing 1 COMPLAINT against MS PROPERTY MANAGEMENT L.L.C., SALLY BEAUTY SUPPLY LLC. Filing fees $ 405.00 receipt number AFLSDC-17187461, filed by RUDOLPH BETANCOURT. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Goldstein, Glenn) |
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