Brito v. Ballantine et al
| Carlos Brito |
| David G. Ballantine, Florence Ballantine, HRV Food Corp. and HRV Food Corp. doing business as Sabor Tropical #6 |
| 1:2019cv24210 |
| October 11, 2019 |
| U.S. 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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| Document Text |
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| Set/Reset Answer Due Deadline as per DE 12 : Florence Ballantine response due 12/23/2019. (lk) |
Filing 12
PAPERLESS ORDER granting #11 Motion for Extension of Time. Defendant shall respond to Plaintiff's Complaint on or before December 23, 2019. Defendant shall advise this Court on or before December 23, 2019, whether she is (i) prepared to remediate the deficiencies identified in the Complaint, (ii) enter into an injunction to ensure future compliance, and (iii) pay Plaintiff's reasonable attorney's fees and costs, as determined by the Court or agreement of the parties. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 11 Second MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Florence Ballantine. (Attachments: #1 Text of Proposed Order)(Allen, Bernard) |
| Set/Reset Answer Due Deadline as per DE 10 : Florence Ballantine response due 12/3/2019. (lk) |
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Filing 10
PAPERLESS ORDER granting #9 Motion for Extension of Time. Defendant shall respond to Plaintiff's Complaint on or before December 3, 2019. Defendant shall advise this Court on or before December 3, 2019, whether she is (i) prepared to remediate the deficiencies identified in the Complaint, (ii) enter into an injunction to ensure future compliance, and (iii) pay Plaintiffs reasonable attorney's fees and costs, as determined by the Court or agreement of the parties. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Florence Ballantine. Attorney Bernard Allen added to party Florence Ballantine(pty:dft). (Attachments: #1 Text of Proposed Order)(Allen, Bernard) |
| Filing 8 NOTICE of Voluntary Dismissal Notice of Voluntary Dismissal as to Defendant, David G. Ballantine by Carlos Brito (Perez, Anthony) |
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Filing 7
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. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 6 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 (hs01) |
| 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 Carlos Brito. Florence Ballantine served on 10/23/2019, answer due 11/13/2019. (Perez, Anthony) |
| Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Carlos Brito. HRV Food Corp. served on 10/17/2019, answer due 11/7/2019. (Perez, Anthony) |
| Filing 3 Summons Issued as to David G. Ballantine, Florence Ballantine, HRV Food Corp. (ar2) |
| 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. (ar2) |
| Filing 1 COMPLAINT against Carlos Brito. Filing fees $ 400.00 receipt number 113C-12059807, filed by Carlos Brito. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Summons as to David, #3 Summon(s) Summons as to Florence, #4 Summon(s) Summons as to HRV Food Corp)(Perez, Anthony) |
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