Caplan v. State Auto Body, Inc. et al
| Howard Michael Caplan |
| State Auto Body, Inc. and Hernani Cunha |
| 0:2024cv60019 |
| January 4, 2024 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Alicia O Valle |
| 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 February 29, 2024. A more recent docket listing may be available from PACER.
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Filing 18
ORDER granting in part and denying in part #9 Defendants' Motion to Dismiss, or in the Alternative, Motion to Strike Plaintiff's Complaint. Plaintiff shall file his amended complaint no later than March 7, 2024. Signed by Chief Judge Cecilia M. Altonaga on 2/29/2024. See attached document for full details. (wc)
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| Filing 17 PAPERLESS Minute Entry for proceedings held before Chief Judge Cecilia M. Altonaga: Motion Hearing held on 2/29/2024 re #9 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM OR IN THE ALTERANTIVE, MOTION TO STRIKE PLAINTIFFS COMPLAINT filed by State Auto Body, Inc. and Hernani Cunha. Total time in court: 0 hour(s) : 18 minutes. Attorney Appearance(s): Ashley Darnelle Adras and Ronald E. Stern. Attorney added: Ashley Darnelle Adras for State Auto Body, Inc. Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (rpr) |
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Filing 16
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Alicia O. Valle on 2/23/2024. See attached document for full details. (lbe)
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Filing 15
ORDER Setting Trial and Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge: Trial set for two-week period beginning 9/23/2024 in Miami Division before Chief Judge Cecilia M. Altonaga. Calendar Call set for 9/17/2024 09:00 AM in Miami Division before Chief Judge Cecilia M. Altonaga. Motions to amend pleadings or join parties due by 4/2/2024. All discovery, including expert discovery, due by 5/28/2024. Mediation Deadline 4/9/2024. Motions due by 6/11/2024. Pretrial Stipulation due by 7/9/2024. REFERRING CASE to Magistrate Judge Alicia O. Valle for Discovery Matters. Signed by Chief Judge Cecilia M. Altonaga on 2/21/2024. See attached document for full details. (ps1)
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| Filing 14 RESPONSE in Opposition re #9 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 2/27/2024. (Stern, Ronald) |
| Filing 13 Joint SCHEDULING REPORT - Rule 16.1 by Howard Michael Caplan (Attachments: #1 Text of Proposed Order)(Stern, Ronald) |
| Filing 12 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by State Auto Body, Inc. identifying Other Affiliate Ashley Adras for State Auto Body, Inc. (Minerley, Kenneth) |
| Filing 11 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Howard Michael Caplan (Stern, Ronald) |
| Filing 10 NOTICE of Hearing on Motion #9 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM OR IN THE ALTERANTIVE, MOTION TO STRIKE PLAINTIFFS COMPLAINT: Motion Hearing set for 2/29/2024 01:00 PM in Miami Division before Chief Judge Cecilia M. Altonaga. (ps1) |
| Filing 9 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM OR IN THE ALTERANTIVE, MOTION TO STRIKE PLAINTIFFS COMPLAINT by Hernani Cunha, State Auto Body, Inc.. Attorney Kenneth Louis Minerley added to party Hernani Cunha(pty:dft), Attorney Kenneth Louis Minerley added to party State Auto Body, Inc.(pty:dft). Responses due by 2/20/2024. (Minerley, Kenneth) |
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Filing 8
ORDER that Defendants shall submit a single combined response or separate answers by February 5, 2024. Signed by Chief Judge Cecilia M. Altonaga on 1/16/2024. See attached document for full details. (ps1)
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Filing 7
Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 2/20/2024. Signed by Chief Judge Cecilia M. Altonaga on 1/17/2024. See attached document for full details. (ps1)
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| 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. State Auto Body, Inc. served on 1/15/2024, response/answer due 2/5/2024. (Stern, Ronald) |
| Filing 5 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. Hernani Cunha served on 1/15/2024, response/answer due 2/5/2024. (Stern, Ronald) |
| 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 Hernani Cunha, State Auto Body, Inc. (nwn) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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-17188519, filed by Howard Michael Caplan. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Stern, Ronald) |
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