Brito v. Kings Bay Shopping Center, LTD. et al
| Carlos Brito |
| Crisp Creations IV LLC, Delices De France Inc, Ampy Enterprises, Inc., Dre Holdings, LLC, Sushi Maki Palmetto Bay Corp., Kings Bay Shopping Center, LTD., House of Bagel & Bialy, Inc, Pappa Ricco's Inc and Andraver, Inc. |
| 1:2021cv20214 |
| January 19, 2021 |
| 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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| Filing 46 NOTICE of Settlement Joint Notice of Settlement with Defendant, KINGS BAY SHOPPING CENTER, LTD. by Carlos Brito (Perez, Anthony) |
Filing 45
PAPERLESS ORDER DISMISSING PARTY WITH PREJUDICE as to Defendant Ampy Enterprises, Inc. pursuant to the parties' #39 Joint Stipulation of Dismissal of Ampy Enterprises, Inc., and of Count IX in its Entirety. Count IX of Plaintiff's #1 Complaint is DISMISSED with prejudice. Each party shall bear their own attorneys' fees and costs except as otherwise provided for in the parties' Settlement Agreement. Signed by Judge Darrin P. Gayles (jsi)
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Filing 44
PAPERLESS ORDER regarding Plaintiff and Defendant Sushi Maki Palmetto Bay Corp.'s #38 Joint Notice of Settlement, which indicates that this matter has settled in full as to Plaintiff and Defendant Sushi Maki Palmetto Bay Corp. The parties are hereby notified that, within forty-five (45) days of the date of this Order, they must file a Stipulation or Notice of Dismissal and/or Settlement Agreement along with any other pertinent document necessary to conclude this action. Any pending motions as between Plaintiff and Defendant Sushi Maki Palmetto Bay Corp. are denied as moot. Signed by Judge Darrin P. Gayles (jsi)
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Filing 43
PAPERLESS ORDER regarding Plaintiff and Defendant House of Bagel & Bialy, Inc.'s #35 Joint Notice of Settlement, which indicates that this matter has settled in full as to Plaintiff and Defendant House of Bagel & Bialy, Inc. The parties are hereby notified that, within forty-five (45) days of the date of this Order, they must file a Stipulation or Notice of Dismissal and/or Settlement Agreement along with any other pertinent document necessary to conclude this action. Any pending motions as between Plaintiff and Defendant House of Bagel & Bialy, Inc. are denied as moot. Signed by Judge Darrin P. Gayles (jsi)
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Filing 42
PAPERLESS ORDER granting #37 Defendant Kings Bay Shopping Center, Ltd.'s Unopposed Motion for Extension of Time to File a Response to Complaint. Defendant Kings Bay Shopping Center, Ltd. shall file a responsive pleading to Plaintiff's #1 Complaint on or before March 19, 2021. Signed by Judge Darrin P. Gayles (jsi)
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Filing 41
PAPERLESS ORDER granting #34 DRE Holdings, LLC's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant DRE Holdings, LLC shall file a responsive pleading to Plaintiff's #1 Complaint on or before April 5, 2021. Signed by Judge Darrin P. Gayles (jsi)
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| Filing 40 NOTICE of Attorney Appearance by Steven Lane Ehrlich on behalf of Dre Holdings, LLC. Attorney Steven Lane Ehrlich added to party Dre Holdings, LLC(pty:dft). (Ehrlich, Steven) |
| Filing 39 STIPULATION of Dismissal JOINT STIPULATION OF DISMISSAL WITH PREJUDICE AS TO Defendant, AMPY ENTERPRISES, INC. by Carlos Brito (Perez, Anthony) |
| Filing 38 NOTICE of Settlement Joint Notice of Settlement with Defendant, SUSHI MAKI PALMETTO BAY CORP. by Carlos Brito (Perez, Anthony) |
| Filing 37 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Kings Bay Shopping Center, LTD.. (Valdes, Juan) |
| Filing 36 NOTICE of Attorney Appearance by Juan Carlos Valdes on behalf of Kings Bay Shopping Center, LTD.. Attorney Juan Carlos Valdes added to party Kings Bay Shopping Center, LTD.(pty:dft). (Valdes, Juan) |
| Filing 35 NOTICE of Settlement Joint Notice of Settlement with Defendant, HOUSE OF BAGEL & BIALY, INC by Carlos Brito (Perez, Anthony) |
| Filing 34 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Dre Holdings, LLC. Attorney Alec Robert Shelowitz added to party Dre Holdings, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Shelowitz, Alec) |
| Filing 33 ANSWER and Affirmative Defenses to Complaint by Pappa Ricco's Inc. (Billoo, Yasir) |
| Filing 32 ANSWER and Affirmative Defenses to Complaint by Andraver, Inc.. (Eversole, John) |
| Filing 31 STATUS REPORT Pursuant to DE 13 by Ampy Enterprises, Inc. (Shelowitz, Alec) |
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Filing 30
PAPERLESS ORDER granting #29 Defendant Andraver, Inc.'s Unopposed Motion for Extension of Time to Answer Plaintiff's Complaint. Defendant Andraver, Inc. shall file a responsive pleading to Plaintiff's #1 Complaint on or before March 3, 2021. Signed by Judge Darrin P. Gayles (jsi)
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| Filing 29 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Andraver, Inc.. (Eversole, John) |
| Filing 28 NOTICE of Attorney Appearance by John F Eversole, III on behalf of Andraver, Inc.. Attorney John F Eversole, III added to party Andraver, Inc.(pty:dft). (Eversole, John) |
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Filing 27
PAPERLESS ORDER granting #24 Defendant Sushi Maki Palmetto Bay Corp.'s Motion for Extension of Time to Respond to Complaint. Defendant Sushi Maki Palmetto Bay Corp. shall file a responsive pleading to Plaintiff's #1 Complaint on or before March 5, 2021. Signed by Judge Darrin P. Gayles (jsi)
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Filing 26
PAPERLESS ORDER granting #20 Defendant Pappa Ricco's, Inc.'s Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant Pappa Ricco's, Inc., shall file a responsive pleading to Plaintiff's #1 Complaint on or before March 3, 2021. Signed by Judge Darrin P. Gayles (jsi)
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| Filing 25 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. Dre Holdings, LLC served on 2/11/2021, answer due 3/4/2021. (Perez, Anthony) |
| Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Sushi Maki Palmetto Bay Corp.. (Billbrough, G.) |
| Filing 23 NOTICE of Attorney Appearance by G. Bartram Billbrough on behalf of Sushi Maki Palmetto Bay Corp.. Attorney G. Bartram Billbrough added to party Sushi Maki Palmetto Bay Corp.(pty:dft). (Billbrough, G.) |
| Filing 22 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. Crisp Creations IV LLC served on 2/16/2021, answer due 3/9/2021. (Perez, Anthony) |
| Filing 21 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. Kings Bay Shopping Center, LTD. served on 2/12/2021, answer due 3/5/2021. (Perez, Anthony) |
| Filing 20 MOTION for Extension of Time to Respond to Plaintiff's Complaint by Pappa Ricco's Inc. Attorney Yasir Billoo added to party Pappa Ricco's Inc(pty:dft). Responses due by 3/2/2021 (Billoo, Yasir) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Carlos Brito. Ampy Enterprises, Inc. waiver sent on 2/10/2021, answer due 4/12/2021. (Perez, Anthony) |
| Filing 18 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. Sushi Maki Palmetto Bay Corp. served on 1/29/2021, answer due 2/19/2021. (Perez, Anthony) |
| 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 Carlos Brito. Pappa Ricco's Inc served on 1/27/2021, answer due 2/17/2021. (Perez, Anthony) |
| Filing 16 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. House of Bagel & Bialy, Inc served on 1/27/2021, answer due 2/17/2021. (Perez, Anthony) |
| Filing 15 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. Delices De France Inc served on 1/27/2021, answer due 2/17/2021. (Perez, Anthony) |
| Filing 14 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. Andraver, Inc. served on 1/27/2021, answer due 2/17/2021. (Perez, Anthony) |
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Filing 13
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 attorney's 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 (jsi)
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| Filing 12 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 (jsi) |
| Filing 11 Summons Issued as to House of Bagel & Bialy, Inc. (drz) |
| Filing 10 Summons Issued as to Sushi Maki Palmetto Bay Corp. (drz) |
| Filing 9 Summons Issued as to Kings Bay Shopping Center, LTD.. (drz) |
| Filing 8 Summons Issued as to Delices De France Inc. (drz) |
| Filing 7 Summons Issued as to Crisp Creations IV LLC. (drz) |
| Filing 6 Summons Issued as to Ampy Enterprises, Inc. (drz) |
| Filing 5 Summons Issued as to Pappa Ricco's Inc. (drz) |
| Filing 4 Summons Issued as to Andraver, Inc. (drz) |
| Filing 3 Summons Issued as to Dre Holdings, 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 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. (drz) |
| Filing 1 COMPLAINT against Kings Bay Shopping Center, LTD.. Filing fees $ 402.00 receipt number AFLSDC-14241288, filed by Carlos Brito. (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), #9 Summon(s), #10 Summon(s))(Perez, Anthony) |
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