Gomez v. TD AMERITRADE INC.
| Andres Gomez |
| TD AMERITRADE INC. |
| 1:2018cv23563 |
| August 31, 2018 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12182 |
| None |
Docket Report
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This docket was last retrieved on September 28, 2018. A more recent docket listing may be available from PACER.
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Filing 16
ENDORSED ORDER setting status conference for January 9, 2019 at 10:00 am. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (lfn)
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Filing 15
ENDORSED ORDER staying and administratively closing case pursuant to #7 Defendant's Report Regarding ADA Remediation Status. Defendant has represented that the same cause at issue here is presently before the Northern District of New York in a putative class action and that Defendant is in the process of renovating its website pursuant to a pending settlement in that case. In light of this, the Court will stay and administratively close this case. The parties shall file a joint status report on or by December 21, 2018, indicating: the status of any remediation efforts, the status of the NDNY action, whether the Plaintiff Andres Gomez is a putative class member of the NDNY action, and whether all of his claims are covered by the NDNY action. The parties shall also appear before this Court for a telephonic status conference on January 9, 2019 at 10:00 am. Signed by Judge Darrin P. Gayles (lfn)
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Filing 14
ENDORSED ORDER granting #12 , #13 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Heather Goldman and Rodney Page are permitted to appear before this Court on behalf of Defendant TD Ameritrade for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Ms. Goldman at heather.goldman@bclplaw.com and Mr. Page at Rodney.page@bclplaw.com. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rodney F. Page. Filing Fee $ 75.00 Receipt # 113C-11027680 by TD AMERITRADE INC.. Responses due by 10/10/2018 (Gabsi, Zina) |
| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Heather S. Goldman. Filing Fee $ 75.00 Receipt # 113C-11027614 by TD AMERITRADE INC.. Responses due by 10/10/2018 (Gabsi, Zina) |
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Filing 11
PAPERLESS ORDER Setting Telephonic Status Conference. Telephonic Status Conference set for September 27, 2018 at 11:00 AM in Miami Division before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (lfn)
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Filing 10
PAPERLESS ORDER granting #9 DEFENDANT TD AMERITRADE INC.'S MOTION FOR EXTENSION OF TIME TO RESPOND TO #1 PLAINTIFF'S COMPLAINT. Responses due by 10/15/2018. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 9 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by TD AMERITRADE INC.. (Attachments: #1 Text of Proposed Order)(Gabsi, Zina) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by Andres Gomez. TD AMERITRADE INC. served on 9/4/2018, answer due 9/25/2018. (Perez, Anthony) |
| Filing 7 REPORT REGARDING ADA Remediation Status by TD AMERITRADE INC. (Gabsi, Zina) |
| Filing 6 NOTICE of Attorney Appearance by Zina Gabsi on behalf of TD AMERITRADE INC.. Attorney Zina Gabsi added to party TD AMERITRADE INC.(pty:dft). (Gabsi, Zina) |
| Filing 5 Summons Issued as to TD AMERITRADE INC.. (jas) |
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Filing 4
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 early and cost-effective resolution, the parties are ORDERED as follows: Within fourteen (14) days of service of the Complaint, Defendant(s) shall file a report with the Court indicating whether it (he/she/they) intends to remediate the deficiencies identified in the Complaint and agrees to pay reasonable attorneys fees in connection with this action, as determined by the Court or agreement of the parties. If so, Defendant(s) shall include a timeline for remediation. If, upon review of the report, the Court finds that Defendant intends to remediate the property in a timely manner, the Court will administratively close the case pending remediation. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the dismissal of this action or entry of default. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 3 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 (lfn) |
| 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 Alicia M. Otazo-Reyes 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jas) |
| Filing 1 COMPLAINT against TD AMERITRADE INC.. Filing fees $ 400.00 receipt number 113C-10959200, filed by Andres Gomez. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Perez, Anthony) |
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| Plaintiff: Andres Gomez | |
| Represented By: | Anthony Joseph Perez |
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| Defendant: TD AMERITRADE INC. | |
| Represented By: | Zina Gabsi |
| Represented By: | Rodney F. Page |
| Represented By: | Heather S. Goldman |
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