Castellon v. Miller West, Inc. et al
| Colleen Castellon |
| Miller West, Inc., Presidente Supermarket No. 29, Inc and Miller West Plaza, Inc. |
| 1:2020cv25288 |
| December 29, 2020 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12182 |
| None |
Docket Report
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This docket was last retrieved on February 25, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 NOTICE of Compliance by Miller West Plaza, Inc. re 6 Notice of Court Practice/to Appear/Other,,,,, (Marban, Edilberto) |
| Filing 17 ANSWER and Affirmative Defenses to Amended Complaint and, CROSSCLAIM against Presidente Supermarket No. 29, Inc by Miller West Plaza, Inc.. Attorney Edilberto O. Marban added to party Miller West Plaza, Inc.(pty:dft). (Attachments: #1 Exhibit A- Lease Agreement)(Marban, Edilberto) |
| Filing 16 Second MOTION for Extension of Time TO COMPLY WITH THE NOTICE OF COURT PRACTICE D.E. 6 re 6 Notice of Court Practice/to Appear/Other,,,,, by Presidente Supermarket No. 29, Inc. Responses due by 3/8/2021 (Attachments: #1 Text of Proposed Order)(Saborit Morera, Kielan) |
| Filing 15 ANSWER AND AFFIRMATIVE DEFENSES TO THEPLAINTIFFS FIRST AMENDED COMPLAINT to #4 Amended Complaint/Amended Notice of Removal by Presidente Supermarket No. 29, Inc. (Saborit Morera, Kielan) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #4 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Colleen Castellon. Presidente Supermarket No. 29, Inc served on 1/7/2021, answer due 2/22/2021. (Perez, Anthony) |
| Filing 13 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Presidente Supermarket No. 29, Inc (Saborit Morera, Kielan) |
Filing 12
PAPERLESS ORDER granting #9 Defendant Presidente Supermarket No. 29, Inc.'s Motion for Extension of Time. Defendant shall file and serve its response to Plaintiff's Complaint and shall file its Report on or before February 22, 2021. Signed by Judge Darrin P. Gayles (mcy)
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| 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 Colleen Castellon. Miller West, Inc. served on 1/8/2021, answer due 1/29/2021. (Perez, Anthony) |
| Filing 10 Clerks Notice to Filer re #9 MOTION for Extension of Time TO COMPLY WITH THE NOTICE OF COURT PRACTICE D.E. 6 AND TO RESPOND TO THE FIRST AMENDED COMPLAINT re 6 Notice of Court Practice/to Appear/Other,,,,, #4 Amended Complaint/Amended Notice of Removal. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) |
| Filing 9 MOTION for Extension of Time to Comply with the Notice of Court Practice re 6 Notice of Court Practice/to Appear/Other,,,, by Presidente Supermarket No. 29, Inc. Responses due by 2/4/2021 (Saborit Morera, Kielan). Added MOTION for Extension of Time to File Response/Reply/Answer as to #4 Amended Complaint/Amended Notice of Removal on 1/22/2021 (ls). |
| Filing 8 NOTICE of Attorney Appearance by Kielan Saborit Morera on behalf of Presidente Supermarket No. 29, Inc. Attorney Kielan Saborit Morera added to party Presidente Supermarket No. 29, Inc(pty:dft). (Saborit Morera, Kielan) |
| Filing 7 NOTICE of Attorney Appearance by Stephanie Pidermann on behalf of Presidente Supermarket No. 29, Inc. Attorney Stephanie Pidermann added to party Presidente Supermarket No. 29, Inc(pty:dft). (Pidermann, Stephanie) |
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Filing 6
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 (mcy)
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| Filing 5 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 (mcy) |
| Filing 4 First AMENDED COMPLAINT against Miller West Plaza, Inc., Presidente Supermarket No. 29, Inc filed by Colleen Castellon.(Perez, Anthony) Added Defendant on 1/5/2021 (pcs). |
| Filing 3 Summons Issued as to Miller West, Inc., Presidente Supermarket No. 29, Inc. (pcs) |
| 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 Edwin G. Torres 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. (pcs) |
| Filing 1 COMPLAINT against Miller West, Inc.. Filing fees $ 402.00 receipt number AFLSDC-14119708, filed by Colleen Castellon. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Perez, Anthony) |
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