Caplan v. S.L. TIRE & AUTO CENTER IV INC. et al
| Howard Michael Caplan |
| MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, CH MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, SMITHRIDGE MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, WEEG II MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, MAIDEN MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, MIAMI AIRPORT EXCHANGE EQUITIES LLC and S.L. TIRE & AUTO CENTER IV INC. |
| 1:2019cv22964 |
| July 17, 2019 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Civil Rights: Accommodations |
| 42 U.S.C. § 12182 |
| None |
Docket Report
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Filing 22
PAPERLESS ORDER granting #21 Defendant's Motion for Stay and Inclusion under Existing Court Order. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 21 Defendant's MOTION to Stay and Inclusion under Existing Court Order by S.L. TIRE & AUTO CENTER IV INC.. Responses due by 9/25/2019 (Attachments: #1 Text of Proposed Order)(Gutierrez, Armando) |
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Filing 20
PAPERLESS ORDER granting #18 Motion for Enlargement of Time to Respond to Plaintiff's Complaint. Defendant S.L. Tire & Auto Center IV Inc.'s response shall be filed on or before September 11, 2019. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 19 Clerks Notice to Filer re #18 MOTION for Extension of Time to file response . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 18 Motion for Extension of Time to File Response/Reply/Answer as to #1 Complaint by S.L. TIRE & AUTO CENTER IV INC.. Attorney Armando George Gutierrez added to party S.L. TIRE & AUTO CENTER IV INC.(pty:dft). Responses due by 9/4/2019 (Attachments: #1 Text of Proposed Order)(Gutierrez, Armando) Modified Relief on 8/22/2019 (ls). |
| Filing 17 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. S.L. TIRE & AUTO CENTER IV INC. served on 7/31/2019, answer due 8/21/2019. (Stern, Ronald) |
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Filing 16
ENDORSED ORDER staying and administratively closing case in light of #13 Defendants' Remediation Report. Within sixty (60) days of the date of this Order, Defendants shall file with the Court a detailed remediation plan. Plaintiff shall have ten (10) days in which to object to Defendants' plan. If the Court determines that Defendants' remediation plan is reasonable, every ninety (90) days thereafter, Defendants shall confer with Plaintiff and file with the Court status reports regarding remediation. If requested, the Court may grant proportional discovery to verify Defendants' remediation of the ADA deficiencies outlined in the Complaint. After verification, the parties shall submit to the Court a proposed order of dismissal, which includes an injunction for future compliance and an award of reasonable attorney's fees and costs. All disputes will be resolved by the Court. If the parties fail to comply with this Order or if the Court finds that either party has not acted in good faith, the Court may impose sanctions, including, but not limited to, dismissal of this action. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 15 Corporate Disclosure Statement by CH MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, MAIDEN MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, MIAMI AIRPORT EXCHANGE EQUITIES LLC, MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, SMITHRIDGE MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, WEEG II MIAMI AIRPORT INDUSTRIAL EQUITIES LLC (Cruz, Edwin) |
| Filing 14 NOTICE of Attorney Appearance by Scott Stephan Allen on behalf of CH MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, MAIDEN MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, MIAMI AIRPORT EXCHANGE EQUITIES LLC, MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, SMITHRIDGE MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, WEEG II MIAMI AIRPORT INDUSTRIAL EQUITIES LLC. Attorney Scott Stephan Allen added to party CH MIAMI AIRPORT INDUSTRIAL EQUITIES LLC(pty:dft), Attorney Scott Stephan Allen added to party MAIDEN MIAMI AIRPORT INDUSTRIAL EQUITIES LLC(pty:dft), Attorney Scott Stephan Allen added to party MIAMI AIRPORT EXCHANGE EQUITIES LLC(pty:dft), Attorney Scott Stephan Allen added to party MIAMI AIRPORT INDUSTRIAL EQUITIES LLC(pty:dft), Attorney Scott Stephan Allen added to party SMITHRIDGE MIAMI AIRPORT INDUSTRIAL EQUITIES LLC(pty:dft), Attorney Scott Stephan Allen added to party WEEG II MIAMI AIRPORT INDUSTRIAL EQUITIES LLC(pty:dft). (Allen, Scott) |
| Filing 13 RESPONSE to 5 Notice of Court Practice/to Appear/Other,,,,,, by CH MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, MAIDEN MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, MIAMI AIRPORT EXCHANGE EQUITIES LLC, MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, SMITHRIDGE MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, WEEG II MIAMI AIRPORT INDUSTRIAL EQUITIES LLC. (Cruz, Edwin) |
| Filing 12 NOTICE of Attorney Appearance by Edwin Cruz on behalf of CH MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, MAIDEN MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, MIAMI AIRPORT EXCHANGE EQUITIES LLC, MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, SMITHRIDGE MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, WEEG II MIAMI AIRPORT INDUSTRIAL EQUITIES LLC. Attorney Edwin Cruz added to party CH MIAMI AIRPORT INDUSTRIAL EQUITIES LLC(pty:dft), Attorney Edwin Cruz added to party MAIDEN MIAMI AIRPORT INDUSTRIAL EQUITIES LLC(pty:dft), Attorney Edwin Cruz added to party MIAMI AIRPORT EXCHANGE EQUITIES LLC(pty:dft), Attorney Edwin Cruz added to party MIAMI AIRPORT INDUSTRIAL EQUITIES LLC(pty:dft), Attorney Edwin Cruz added to party SMITHRIDGE MIAMI AIRPORT INDUSTRIAL EQUITIES LLC(pty:dft), Attorney Edwin Cruz added to party WEEG II MIAMI AIRPORT INDUSTRIAL EQUITIES LLC(pty:dft). (Cruz, Edwin) |
| Filing 11 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. WEEG II MIAMI AIRPORT INDUSTRIAL EQUITIES LLC served on 7/18/2019, answer due 8/8/2019. (Stern, Ronald) |
| Filing 10 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. SMITHRIDGE MIAMI AIRPORT INDUSTRIAL EQUITIES LLC served on 7/18/2019, answer due 8/8/2019. (Stern, Ronald) |
| 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 Howard Michael Caplan. MIAMI AIRPORT INDUSTRIAL EQUITIES LLC served on 7/18/2019, answer due 8/8/2019. (Stern, Ronald) |
| 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 Howard Michael Caplan. MIAMI AIRPORT EXCHANGE EQUITIES LLC served on 7/18/2019, answer due 8/8/2019. (Stern, Ronald) |
| Filing 7 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. MAIDEN MIAMI AIRPORT INDUSTRIAL EQUITIES LLC served on 7/18/2019, answer due 8/8/2019. (Stern, Ronald) |
| 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. CH MIAMI AIRPORT INDUSTRIAL EQUITIES LLC served on 7/18/2019, answer due 8/8/2019. (Stern, Ronald) |
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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 attorneys 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. If the Defendant does not agree to this remediation procedure, it shall notify the Court within 14 days of this Order. Signed by Judge Darrin P. Gayles (lfn)
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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 (lfn) |
| Filing 3 Summons Issued as to CH MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, MAIDEN MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, MIAMI AIRPORT EXCHANGE EQUITIES LLC, MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, S.L. TIRE & AUTO CENTER IV INC., SMITHRIDGE MIAMI AIRPORT INDUSTRIAL EQUITIES LLC, WEEG II MIAMI AIRPORT INDUSTRIAL EQUITIES LLC. (drz) |
| 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. (drz) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants. Filing fees $ 400.00 receipt number 113C-11822362, filed by Howard Michael Caplan. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s), #7 Summon(s), #8 Summon(s))(Stern, Ronald) |
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