Madrinan v. Taco Craft Miami LLC et al
| Enrique Madrinan |
| The City of South Miami, Taco Craft Miami LLC and Taco Craft Miami LLC doing business as TacoCraft |
| 1:2019cv24315 |
| October 18, 2019 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12182 |
| Defendant |
Docket Report
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This docket was last retrieved on December 12, 2019. A more recent docket listing may be available from PACER.
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Filing 18
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before January 6, 2020, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 17 ANSWER and Affirmative Defenses to Complaint with Jury Demand by The City of South Miami. (Pidermann, Stephanie) |
| Filing 16 NOTICE of Attorney Appearance by James Paul Gitkin on behalf of Taco Craft Miami LLC. Attorney James Paul Gitkin added to party Taco Craft Miami LLC(pty:dft). (Gitkin, James) |
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Filing 15
PAPERLESS ORDER granting #14 Defendants' Second Unopposed Motion for Extension of Time to Respond to the Complaint. Defendants shall file their response to the Complaint on or before December 10, 2019. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 14 MOTION for Extension of Time to File Response/Reply/Answer by Taco Craft Miami LLC, The City of South Miami. (Attachments: #1 Text of Proposed Order)(Pidermann, Stephanie) |
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Filing 13
PAPERLESS ORDER granting #12 Defendants' Unopposed Motion for Extension of Time to Respond to Complaint. Defendants' response shall be filed on or before December 3, 2019. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 12 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Taco Craft Miami LLC, The City of South Miami. (Attachments: #1 Text of Proposed Order)(Pidermann, Stephanie) |
| Filing 11 NOTICE of Attorney Appearance by Kielan Saborit Morera on behalf of Taco Craft Miami LLC. Attorney Kielan Saborit Morera added to party Taco Craft Miami LLC(pty:dft). (Saborit Morera, Kielan) |
| Filing 10 NOTICE of Attorney Appearance by Stephanie Pidermann on behalf of Taco Craft Miami LLC. Attorney Stephanie Pidermann added to party Taco Craft Miami LLC(pty:dft). (Pidermann, Stephanie) |
| Filing 9 NOTICE of Attorney Appearance by Kielan Saborit Morera on behalf of The City of South Miami. Attorney Kielan Saborit Morera added to party The City of South Miami(pty:dft). (Saborit Morera, Kielan) |
| Filing 8 NOTICE of Attorney Appearance by Stephanie Pidermann on behalf of The City of South Miami. Attorney Stephanie Pidermann added to party The City of South Miami(pty:dft). (Pidermann, Stephanie) |
| 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 Enrique Madrinan. The City of South Miami served on 10/28/2019, answer due 11/18/2019. (Hirsh, Jeffrey) |
| 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 Enrique Madrinan. Taco Craft Miami LLC served on 10/28/2019, answer due 11/18/2019. (Hirsh, Jeffrey) |
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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, Defendants 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, Defendants shall include a reasonable timeline for remediation. If, upon review of the report, the Court finds that Defendants intend to remediate the property within a reasonable time, the action shall be stayed. If requested, the Court may grant proportional discovery to verify Defendants' 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 (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 Taco Craft Miami LLC, The City of South Miami. (cds) |
| 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. (cds) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-12076710, filed by Enrique Madrinan. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Hirsh, Jeffrey) |
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