Open Access for All, Inc. et al v. Home Depot U.S.A., Inc.
Plaintiff: Open Access for All, Inc. and John Morales
Defendant: Home Depot U.S.A., Inc.
Case Number: 1:2019cv20728
Filed: February 25, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. ยง 12182
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 25, 2019 Filing 16 RESPONSE in Opposition re 9 MOTION to Stay re #7 Response/Reply (Other) and Incorporated Memorandum of Law filed by John Morales. Replies due by 5/2/2019. (Dinin, Scott)
April 23, 2019 Opinion or Order Filing 15 ENDORSED ORDER granting #14 Amended Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Shawn D. Fabian is permitted to appear before this Court on behalf of Defendant for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Fabian at sfabian@sheppardmullin.com. Signed by Judge Darrin P. Gayles (isc)
April 23, 2019 Filing 14 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Shawn D. Fabian. Filing Fee $ 75.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #12 Motion to Appear Pro Hac Vice, by Home Depot U.S.A., Inc.. Responses due by 5/7/2019 (Attachments: #1 Exhibit A, #2 Text of Proposed Order B)(Bellido, Nelson)
April 23, 2019 Opinion or Order Filing 13 PAPERLESS ORDER denying without prejudice #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Shawn D. Fabian. Local counsel did not consent to electronically serve all documents and things that may be served electronically or consent to serving documents in compliance with the CM/ECF Administrative Procedures. Signed by Judge Darrin P. Gayles (isc)
April 23, 2019 Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Shawn D. Fabian. Filing Fee $ 75.00 Receipt # 113C-11578924 by Home Depot U.S.A., Inc.. Responses due by 5/7/2019 (Attachments: #1 Exhibit A, #2 Text of Proposed Order B)(Bellido, Nelson)
April 23, 2019 Attorney Shawn D. Fabian representing Home Depot U.S.A., Inc. (Defendant) Activated. (pt)
April 22, 2019 Filing 11 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Home Depot U.S.A., Inc.. (Bellido, Nelson)
April 19, 2019 Opinion or Order Filing 8 PAPERLESS ORDER directing expedited response. Plaintiff shall respond to #7 Motion to Stay on or before April 25, 2019. Signed by Judge Darrin P. Gayles (isc)
April 19, 2019 Set/Reset Deadlines as to 9 MOTION to Stay re #7 Response/Reply (Other). Expedited Responses due by 4/25/2019 (lh) per Order DE# 8
April 17, 2019 Filing 10 Clerks Notice to Filer re #7 Response/Reply (Other),. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (lh)
April 17, 2019 Filing 9 MOTION to Stay Litigation re #7 Response/Reply (Other) by Home Depot U.S.A., Inc.. Responses due by 5/1/2019 (lh) see DE#7 for image
April 17, 2019 Filing 7 RESPONSE to 5 Notice of Court Practice/to Appear/Other,,,, by Home Depot U.S.A., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bellido, Nelson) Modified to add missing event DE# 9 "Motion to Stay" on 4/19/2019 (lh).
April 4, 2019 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 Open Access for All, Inc., John Morales. Home Depot U.S.A., Inc. served on 4/3/2019, answer due 4/24/2019. (Dinin, Scott)
February 26, 2019 Opinion or Order 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 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 intends to remediate the deficiencies identified in the Complaint and agrees to pay reasonable attorney's fees in connection with this action, as determined by the Court or agreement of the parties. If so, Defendant 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. Signed by Judge Darrin P. Gayles on 2/26/2019. (isc)
February 26, 2019 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 2/26/2019. (isc)
February 26, 2019 Filing 3 Summons Issued as to Home Depot U.S.A., Inc.. (vmz)
February 25, 2019 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. (vmz)
February 25, 2019 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11422172, filed by Open Access for All, Inc., John Morales. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Dinin, Scott)

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Plaintiff: Open Access for All, Inc.
Represented By: Scott Richard Dinin
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Plaintiff: John Morales
Represented By: Scott Richard Dinin
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Defendant: Home Depot U.S.A., Inc.
Represented By: Nelson Camilo Bellido
Represented By: Shawn D. Fabian
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