Gomez v. Navarro Discount Pharmacies, LLC.
| Andres Gomez |
| Navarro Discount Pharmacies, LLC. and CVS Pharmacy, Inc. |
| 1:2019cv21912 |
| May 12, 2019 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12182 |
| None |
Docket Report
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This docket was last retrieved on August 13, 2019. A more recent docket listing may be available from PACER.
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On May 13, 2019, this Court entered a Pretrial Order 4 requiring the Parties to file a joint scheduling report within ten (10) days of their joint scheduling conference, which was to be held no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurred first. The Order cautioned, "the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion" and "[f]ailure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs." The deadline to file a joint scheduling report has passed and no extension of time has been requested. Accordingly, based on the foregoing, it is ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT PREJUDICE. The Clerk of the Court is instructed to CLOSE this case. All pending motions are DENIED AS MOOT. The Parties may move to reopen this matter upon filing a joint scheduling report. Signed by Chief Judge K. Michael Moore on 8/13/2019. (ah03)
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| ***Deadline(s) terminated per DE 17 Order. (kpe) |
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Filing 16
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice of Voluntary Dismissal With Prejudice as to Defendant Navarro Discount Pharmacies, LLC. #15 . Rule 41(a)(1) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim prior to a defendant's filing of an answer or a motion for summary judgment. Here, Defendant Navarro Discount Pharmacies, LLC filed neither an answer nor motion for summary judgment. UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITH PREJUDICE as to Defendant Navarro Discount Pharmacies, LLC. The Clerk of the Court is instructed to TERMINATE Defendant Navarro Discount Pharmacies, LLC from this Case. Signed by Chief Judge K. Michael Moore on 8/9/2019. (ah03)
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| Filing 15 NOTICE of Voluntary Dismissal of Defendant with Prejudice by Andres Gomez (Leal, Alberto) |
| Filing 14 Defendant's MOTION to Dismiss with Prejudice #8 Amended Complaint by CVS Pharmacy, Inc.. Responses due by 8/9/2019 (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Theodossakos, Antoinette) |
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Filing 13
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion for Extension of Time to Respond to the Amended Complaint. #12 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant's Motion #12 is GRANTED. Defendant shall answer or otherwise respond to the Amended Complaint on or before July 26, 2019. Signed by Chief Judge K. Michael Moore on 6/25/2019. (ah03)
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| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #8 Amended Complaint by CVS Pharmacy, Inc.. (Attachments: #1 Exhibit A)(Theodossakos, Antoinette) |
| Filing 11 NOTICE of Attorney Appearance by Antoinette Theodossakos on behalf of CVS Pharmacy, Inc.. Attorney Antoinette Theodossakos added to party CVS Pharmacy, Inc.(pty:dft). (Theodossakos, Antoinette) |
| Reset Deadlines CVS Pharmacy, Inc. answer due 7/26/2019 Per DE#13. (cqs) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #8 Amended Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Andres Gomez. CVS Pharmacy, Inc. served on 6/5/2019, answer due 6/26/2019. (Leal, Alberto) |
| Filing 9 Summons Issued as to CVS Pharmacy, Inc.. (kpe) |
| Filing 8 First AMENDED COMPLAINT as to addition of parent company as rightful owner/operator of website at issue against CVS Pharmacy, Inc., filed by Andres Gomez. (Attachments: #1 Summon(s))(Leal, Alberto) |
| Filing 7 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): CVS Pharmacy, Inc.. (Leal, Alberto) |
| 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 Andres Gomez. Navarro Discount Pharmacies, LLC. served on 5/16/2019, answer due 6/6/2019. (Leal, Alberto) |
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Jacqueline Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 5/13/2019. (ah03)
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Filing 4
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 5/13/2019. (ah03)
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| Filing 3 Summons Issued as to Navarro Discount Pharmacies, LLC.. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (kpe) |
| Filing 1 COMPLAINT against Navarro Discount Pharmacies, LLC.. Filing fees $ 400.00 receipt number 113C-11636342, filed by Andres Gomez. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Leal, Alberto) |
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