Brito v. RC FL-Shoppes at 104, LLC. et al
| Carlos Brito |
| RC FL-Shoppes at 104, LLC., Winn-Dixie Stores, Inc., Hammocks Grill, Inc., Subway At 104 Shoppes LLC, Ariel Rodriguez Corp., Koning Restaurants International, L.C. and C&C Amaya Investments, Inc. |
| 1:2021cv21245 |
| April 1, 2021 |
| US District Court for the Southern District of Florida |
| Chris M McAliley |
| Chris M McAliley |
| Kathleen M Williams |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12182 Americans with Disabilities Act |
| None |
Docket Report
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This docket was last retrieved on January 13, 2022. A more recent docket listing may be available from PACER.
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| Filing 71 STIPULATION of Dismissal as to Defendant HAMMOCKS GRILL, INC. by Carlos Brito (Perez, Anthony) |
Filing 70
PAPERLESS ORDER. THIS MATTER is before the Court on #69 Plaintiff's Unopposed Motion for Extension of Time to File a Joint Stipulation of Dismissal. It is ORDERED AND ADJUDGED that #69 Plaintiff's Unopposed Motion for Extension is GRANTED IN PART AND DENIED IN PART. The Parties shall file a joint stipulation of dismissal on or before January 14, 2022. Signed by Judge Kathleen M. Williams on 12/14/2021. (sgm)
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| Filing 69 Unopposed MOTION for Extension of Time to File Stipulation of Dismissal as to Defendant HAMMOCKS GRILL, INC. re 68 Order Dismissing Case,,, by Carlos Brito. Responses due by 12/28/2021 (Attachments: #1 Text of Proposed Order)(Perez, Anthony) |
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Filing 68
PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL AND ADMINISTRATIVELY CLOSING CASE. THIS MATTER is before the Court on #67 the notice indicating that Plaintiff and the sole remaining Defendant in this case, Hammocks Grill, Inc., have reached a settlement. Accordingly, it is ORDERED AND ADJUDGED that on or before December 17, 2021, the Parties shall file a joint stipulation of dismissal. If the Parties wish for the Court to retain jurisdiction, they are advised that they must submit the settlement agreement for review and any stipulation must comply with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). Otherwise, the dismissal of this matter is effective upon the filing of the Parties' joint stipulation of dismissal. Id. This case is now CLOSED for administrative purposes. Signed by Judge Kathleen M. Williams on 11/17/2021. (sgm)
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| Filing 67 NOTICE of Settlement as to Defendant HAMMOCKS GRILL, INC. by Carlos Brito (Perez, Anthony) |
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Filing 66
PAPERLESS ORDER. THIS MATTER is before the Court on #42 Plaintiff's Motion for Default Judgment Against Defendant C&C Amaya Investments, Inc. After Plaintiff filed #64 the Notice of Voluntary Dismissal as to Defendant C&C Amaya Investments, Inc., the Court entered the November 16, 2021 Order dismissing Plaintiff's claims against Defendant C&C Amaya Investments, Inc. Accordingly, it is ORDERED AND ADJUDGED that #42 Plaintiff's Motion for Default Judgment Against C&C Amaya Investments, Inc. is DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 11/16/2021. (sgm)
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Filing 65
PAPERLESS ORDER. THIS MATTER is before the Court on #64 Plaintiff's Notice of Voluntary Dismissal as to Defendant C&C Amaya Investments, Inc. Upon review of the Notice and the underlying record, it is ORDERED AND ADJUDGED that Plaintiff's claims against Defendant C&C Amaya Investments, Inc. are DISMISSED WITH PREJUDICE. This case remains open as to the sole remaining defendant in this matter, Hammocks Grill, Inc. Signed by Judge Kathleen M. Williams on 11/16/2021. (sgm)
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| Filing 64 NOTICE of Voluntary Dismissal as to Defendant C&C AMAYA INVESTMENTS, INC. by Carlos Brito (Perez, Anthony) |
| Filing 63 NOTICE of Settlement as to Defendant C&C AMAYA INVESTMENTS, INC. by Carlos Brito (Perez, Anthony) |
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Filing 62
ORDER TO SUBMIT SUPPLEMENTAL INFORMATION. Signed by Magistrate Judge Chris M. McAliley on 10/29/2021. See attached document for full details. (rr00)
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| Filing 61 STIPULATION of Dismissal as to Defendant RC FL-SHOPPES AT 104, LLC by Carlos Brito (Perez, Anthony) |
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Filing 60
PAPERLESS ORDER. THIS MATTER is before the Court on #57 Plaintiff's Notice of Voluntary Dismissal as to Defendant Ariel Rodriguez Corp. Upon review of the Notice and the record, it is ORDERED AND ADJUDGED that Count IV of #1 Plaintiff's Complaint is DISMISSED WITH PREJUDICE against Defendant Ariel Rodriguez Corp. Given that there are no remaining counts against Defendant Ariel Rodriguez, all deadlines and hearings with respect to Defendant Ariel Rodriguez Corp. are CANCELED and this case is CLOSED as to Defendant Ariel Rodriguez Corp. alone. However, this case remains open to all remaining Defendants. Signed by Judge Kathleen M. Williams on 10/4/2021. (sgm)
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Filing 59
PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL. THIS MATTER is before the Court on #58 the notice indicating that Plaintiff and Defendant RC FL-Shoppes at 104, LLC have reached a settlement in this matter. Accordingly, it is ORDERED AND ADJUDGED that on or before November 4, 2021, Plaintiff and Defendant RC FL-Shoppes at 104, LLC shall file a joint stipulation of dismissal. If the Parties wish for the Court to retain jurisdiction of their settlement agreement, they are advised that they must submit the settlement agreement for review and any stipulation must comply with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). Otherwise, the Parties' joint stipulation of dismissal as to Defendant RC FL-Shoppes at 104, LLC is effective upon filing. Id. This case remains open to all other remaining Defendants. Signed by Judge Kathleen M. Williams on 10/4/2021. (sgm)
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| Filing 58 NOTICE of Settlement as to RC FL-SHOPPES AT 104, LLC by Carlos Brito (Perez, Anthony) |
| Filing 57 NOTICE of Voluntary Dismissal as to Defendant ARIEL RODRIGUEZ CORP. by Carlos Brito (Perez, Anthony) |
| Filing 56 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Carlos Brito, JOSHUA M. ENTIN as Mediator. Mediation Hearing set for 1/7/2022 at 10:00am. (Attachments: #1 Text of Proposed Order)(Perez, Anthony) |
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Filing 55
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. In light of #53 the notice indicating that Plaintiff and Defendant Ariel Rodriguez Corp. have reached a settlement in this matter, it is ORDERED AND ADJUDGED that #47 Plaintiff's Motion for Default Judgment Against Defendant Ariel Rodriguez Corp. is DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 9/7/2021. (sgm)
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Filing 54
PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL. THIS MATTER is before the Court on #53 the notice indicating that Plaintiff and Defendant Ariel Rodriguez Corp. have reached a settlement in this matter. Accordingly, it is ORDERED AND ADJUDGED that on or before September 30, 2021, Plaintiff and Defendant Ariel Rodriguez Corp. shall file a joint stipulation of dismissal. If the Parties wish for the Court to retain jurisdiction of their settlement agreement, they are advised that they must submit the settlement agreement for review and any stipulation must comply with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). Otherwise, the Parties' joint stipulation of dismissal as to Defendant Ariel Rodriguez Corp. is effective upon filing. Id. This case remains open to all other remaining Defendants. Signed by Judge Kathleen M. Williams on 9/7/2021. (sgm)
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| Filing 53 NOTICE of Settlement as to Ariel Rodriguez Corp. by Carlos Brito (Perez, Anthony) |
| Filing 52 STIPULATION of Dismissal as to Winn-Dixie Stores, Inc. by Carlos Brito (Perez, Anthony) |
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Filing 51
SCHEDULING ORDER: Jury Trial set for 4/25/2022 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 4/19/2022 11:00 AM before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 8/11/2021. See attached document for full details. (drz)
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Filing 50
PAPERLESS ORDER GRANTING #48 MOTION FOR EXTENSION. THIS MATTER is before the Court on #48 Plaintiff's Unopposed Motion for Extension of Time to File the Joint Stipulation of Dismissal. It is ORDERED AND ADJUDGED that #48 Plaintiff's Unopposed Motion is GRANTED. Plaintiff and Defendant Winn-Dixie Stores, Inc. shall file the joint stipulation of dismissal on or before September 10, 2021. The Court advises that no further extensions will be granted regarding this joint stipulation of dismissal. Signed by Judge Kathleen M. Williams on 8/11/2021. (sgm)
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Filing 49
PAPERLESS ORDER REFERRING MOTION FOR DEFAULT JUDGMENT TO MAGISTRATE JUDGE MCALILEY. THIS MATTER is before the Court sua sponte. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, #47 Plaintiff's Motion for Default Judgment Against Defendant Ariel Rodriguez Corp. is REFERRED to United States Magistrate Judge Chris M. McAliley for a report and recommendation. Signed by Judge Kathleen M. Williams on 8/11/2021. (sgm)
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| Filing 48 Second MOTION for Extension of Time extension Joint Stipulation of Dismissal re #40 Unopposed MOTION for Extension of Time File Stipulation of Dismissal Plaintiff's Unopposed Motion for Extension of Time to file Stipulation Dismissal as to Defendant Winn Dixie Stores re 32 Order,,,, Order Dismissing Party,,,, Terminat by Carlos Brito. Responses due by 8/24/2021 (Perez, Anthony) |
| Filing 47 MOTION for Default Judgment AGAINST DEFENDANT, ARIEL RODRIGUEZ CORP., AND VERIFIED APPLICATION FOR REASONABLE ATTORNEYS FEES, COSTS AND EXPERT FEES by Carlos Brito. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Perez, Anthony) |
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Filing 46
PAPERLESS ORDER. THIS MATTER is before the Court on #45 Plaintiff's Unopposed Motion for Extension of Time to File a Motion for Default Judgment Against Defendant Ariel Rodriguez Corp. For good cause shown, it is ORDERED AND ADJUDGED that #45 Plaintiff's Unopposed Motion is GRANTED. Plaintiff shall file a Motion for Default Judgment Against Defendant Ariel Rodriguez Corp. on or before August 13, 2021.Moving forward, all motions and filings by the Parties must comply fully with the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, and the Practices and Procedures of this Court. Under those Rules, "[a]bsent an emergency, requests for extensions of time must be presented to the Court, by motion, no later than 48 hours prior to the deadline from which the Parties are seeking relief. Sanctions may be imposed for non-emergent requests made less than 48 hours prior to the deadline." Signed by Judge Kathleen M. Williams on 8/2/2021. (sgm)
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| Filing 45 Plaintiff's MOTION for Extension of Time To Comply with Default Requirements re 37 Order Directing Clerk to Enter Default,,,,, by Carlos Brito. Responses due by 8/12/2021 (Perez, Anthony) |
| Filing 44 Joint SCHEDULING REPORT - Rule 16.1 by Carlos Brito (Attachments: #1 Supplement ELECTION TO JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE FOR FINAL DISPOSITION OF MOTIONS, #2 Supplement SCHEDULE JOINTLY PROPOSED BY THE PARTIES)(Perez, Anthony) |
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Filing 43
PAPERLESS ORDER REFERRING MOTION FOR DEFAULT JUDGMENT TO MAGISTRATE JUDGE MCALILEY. THIS MATTER is before the Court sua sponte. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, #42 Plaintiff's Motion for Default Judgment Against Defendant C&C Amaya Investments, Inc. is REFERRED to United States Magistrate Judge Chris M. McAliley for a report and recommendation. Signed by Judge Kathleen M. Williams on 7/14/2021. (sgm)
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| Filing 42 Plaintiff's MOTION for Default Judgment AGAINST DEFENDANT, C&C AMAYA INVESTMENTS, INC., AND VERIFIED APPLICATION FOR REASONABLE ATTORNEYS FEES, COSTS AND EXPERT FEES by Carlos Brito. (Attachments: #1 Affidavit AFFIDAVIT IN SUPPORT OF MOTION FOR ENTRY OF DEFAULT, #2 Affidavit Affidavit of Plaintiff's Expert in Support of Motion, #3 Exhibit A, #4 Exhibit B, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Text of Proposed Order Order For Final Default Against Defendant)(Perez, Anthony) |
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Filing 41
PAPERLESS ORDER GRANTING #40 MOTION FOR EXTENSION. THIS MATTER is before the Court on #40 Plaintiff's Unopposed Motion for Extension of Time to File the Joint Stipulation of Dismissal. It is ORDERED AND ADJUDGED that #40 Plaintiff's Unopposed Motion is GRANTED. Plaintiff and Defendant Winn-Dixie Stores, Inc. shall file the joint stipulation of dismissal on or before August 11, 2021. Signed by Judge Kathleen M. Williams on 7/12/2021. (sgm)
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| Filing 40 Unopposed MOTION for Extension of Time File Stipulation of Dismissal Plaintiff's Unopposed Motion for Extension of Time to file Stipulation Dismissal as to Defendant Winn Dixie Stores re 32 Order,,,, Order Dismissing Party,,,, Terminate Parties,,, by Carlos Brito. Responses due by 7/26/2021 (Attachments: #1 Text of Proposed Order Proposed Order)(Perez, Anthony) |
| Filing 39 Clerks Entry of Default as to Ariel Rodriguez Corp. Signed by DEPUTY CLERK on 6/29/2021. (dj) |
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Filing 38
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. In accordance with S.D. Fla. Local Rule 16.1(b) and #4 the Order of Referral and of Court Practices in this matter, it is ORDERED AND ADJUDGED that the Parties shall file a joint conference report and joint proposed scheduling order on or before July 19, 2021. Signed by Judge Kathleen M. Williams on 6/29/2021. (sgm)
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Filing 37
PAPERLESS ORDER DIRECTING CLERK TO ENTER DEFAULT. On June 9, 2021, Plaintiff filed #31 proof of service reflecting service on Defendant Ariel Rodriguez Corp., on June 7, 2021, making its answer to the Complaint due on or before June 28, 2021. To date, Defendant Ariel Rodriguez Corp. has not appeared or filed a responsive pleading to the Complaint. The Federal Rules of Civil Procedure provide that the Clerk must enter default against a defendant who failed to plead or otherwise defend. Accordingly, it is ORDERED AND ADJUDGED that the Clerk is directed to ENTER DEFAULT against Defendant Ariel Rodriguez Corp.On or before July 30, 2021, Plaintiff shall file a motion for default judgment against Defendant Ariel Rodriguez Corp. and serve it in accordance with Fed. R. Civ. P. 55(b)(2). The motion shall be accompanied by a proposed default final judgment order, setting forth the sum certain owed as money damages and the sum certain sought for attorneys' fees and costs supported by sufficient evidence, through affidavits or otherwise, to establish the basis for damages and other relief sought in the pleadings. The motion shall also reference specific legal authority establishing Plaintiff's entitlement to the relief sought and demonstrating that service was proper. Signed by Judge Kathleen M. Williams on 6/29/2021. (sgm)
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Filing 36
PAPERLESS ORDER. THIS MATTER is before the Court on #35 Clerk's Entry of Default as to Defendant C&C Amaya Investments, Inc. On or before July 14, 2021, Plaintiff shall file a motion for default judgment against Defendant C&C Amaya Investments, Inc. and serve it in accordance with Fed. R. Civ. P. 55(b)(2). The motion shall be accompanied by a proposed default final judgment order setting forth the sum certain owed as money damages and the sum certain sought for attorneys' fees and costs supported by sufficient evidence, through affidavits or otherwise, to establish the basis for damages and other relief sought in the pleadings. The motion shall also reference specific legal authority establishing Plaintiff's entitlement to the relief sought and demonstrating that service was proper. Signed by Judge Kathleen M. Williams on 6/14/2021. (sgm)
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| Filing 35 Clerks Entry of Default as to C&C AMAYA INVESTMENTS, INC. - Motions Terminated: #34 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 6/14/2021. (drz) |
| Filing 34 MOTION for Clerks Entry of Default as to C&C Amaya Investments, Inc. by Carlos Brito. (Attachments: #1 Affidavit IN SUPPORT OF MOTION FOR ENTRY OF DEFAULT, #2 Exhibit A)(Perez, Anthony) |
| Filing 33 STIPULATION of Dismissal Joint Stipulation of Dismissal with Prejudice as toDefendant, KONING RESTAURANTS INTERNATIONAL L.C. by Carlos Brito (Perez, Anthony) |
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Filing 32
PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL. THIS MATTER is before the Court on the #30 notice indicating that Plaintiff and Defendant Winn-Dixie Stores, Inc. have reached a settlement in this matter. Accordingly, it is ORDERED AND ADJUDGED that on or before July 12, 2021, Plaintiff and Defendant Winn-Dixie Stores, Inc. shall file a joint stipulation of dismissal. If the Parties wish for the Court to retain jurisdiction of their settlement agreement, they are advised that they must submit the settlement agreement for review and any stipulation must comply with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). Otherwise, the Parties' joint stipulation of dismissal as to Defendant Winn-Dixie Stores, Inc. is effective upon filing. Id. This case remains open as to all other Defendants. Signed by Judge Kathleen M. Williams on 6/10/2021. (sgm)
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| Filing 31 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. Ariel Rodriguez Corp. served on 6/7/2021, answer due 6/28/2021. (Perez, Anthony) |
| Filing 30 NOTICE of Settlement JOINT NOTICE OF SETTLEMENT AS TO DEFENDANT, WINN-DIXIE STORES, INC by Carlos Brito (Perez, Anthony) |
| Filing 29 STIPULATION of Dismissal Joint Stipulation of Dismissal with Prejudice as to Defendant, SUBWAY AT 104 SHOPPES LLC. by Carlos Brito (Perez, Anthony) |
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Filing 28
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. In accordance with the Court's 27 Paperless Order Requiring Joint Stipulation of Dismissal, it is ORDERED AND ADJUDGED that Plaintiff and Defendant Koning Restaurants International, L.C. shall file their joint stipulation to dismiss on or before June 21, 2021. Signed by Judge Kathleen M. Williams on 5/19/2021. (sgm)
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Filing 27
PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL. THIS MATTER is before the Court on the notice #26 indicating that Plaintiff and Defendant Koning Restaurants International, L.C. have reached a settlement in this matter. If the Parties wish for the Court to retain jurisdiction of their settlement agreement, they are advised that they must submit the settlement agreement for review and any stipulation must comply with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). Otherwise, the Parties' joint stipulation of dismissal as to Defendant Koning Restaurants International, L.C. is effective upon filing. Id. This case remains open as to all other Defendants. Signed by Judge Kathleen M. Williams on 5/19/2021. (sgm)
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| Filing 26 NOTICE of Settlement Joint Notice of Settlement with Defendant, KONING RESTAURANTS INTERNATIONAL L.C. by Carlos Brito (Perez, Anthony) |
| 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. Winn-Dixie Stores, Inc. served on 5/7/2021, answer due 5/28/2021. (Perez, Anthony) |
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Filing 24
PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL. THIS MATTER is before the Court on the notice #20 indicating that Plaintiff and Defendant Subway at 104 Shoppes LLC have reached a settlement in this matter. Accordingly, it is ORDERED AND ADJUDGED that on or before June 7, 2021, Plaintiff and Defendant Subway at 104 Shoppes LLC shall file a joint stipulation to dismiss. If the Parties wish for the Court to retain jurisdiction of their settlement agreement, they are advised that they must submit the settlement agreement for review and any stipulation must comply with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). Otherwise, the dismissal of this matter as to Defendant Subway at 104 Shoppes LLC is effective upon the filing of the Parties' joint stipulation of dismissal. Id. This case remains open as to all other Defendants. Signed by Judge Kathleen M. Williams on 5/11/2021. (sgi)
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| Filing 23 Defendant's Corporate Disclosure Statement and Certificate of Interested Parties by Hammocks Grill, Inc. (Tuttle, William) |
| Filing 22 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by RC FL-Shoppes at 104, LLC. (Siegel, Peter) |
| Filing 21 ANSWER and Affirmative Defenses to Complaint by RC FL-Shoppes at 104, LLC.. (Siegel, Peter) |
| Filing 20 NOTICE of Settlement Joint Notice of Settlement with Defendant, SUBWAY AT 104 SHOPPES LLC by Carlos Brito (Perez, Anthony) |
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Filing 19
PAPERLESS ORDER. Defendant Koning Restaurants International, L.C. filed an Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. (ECF No. 18). The Court has reviewed the Motion, the pertinent portions of the record and the applicable law, and noting that Plaintiff has no objection to the relief sought, finds good cause for the extension of time requested. Defendant Koning Restaurants International, L.C. shall file its response to the Complaint NO LATER THAN May 20, 2021. This Order is nunc pro tunc to April 27, 2021. Signed by Magistrate Judge Chris M. McAliley on 5/6/2021. (nsy)
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| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Koning Restaurants International, L.C.. Attorney Andrew X. Froman added to party Koning Restaurants International, L.C.(pty:dft). (Froman, Andrew) |
| 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. Koning Restaurants International, L.C. served on 4/6/2021, answer due 4/27/2021. (Perez, Anthony) |
| Filing 16 HAMMOCKS GRILL, INC.'s ANSWER and Affirmative Defenses to Complaint by Hammocks Grill, Inc.. Attorney William M. Tuttle, II added to party Hammocks Grill, Inc.(pty:dft). (Tuttle, William) |
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Filing 15
PAPERLESS ORDER. Defendant Subway at 104 Shoppes, LLC ("Subway") filed an Unopposed Motion for Extension of Time to respond to the Complaint. (ECF No. 14). Subway filed its Motion today, the day its response to the Complaint is due. Counsel for Subway evidently did not read the docket prior to filing his Motion, as I recently entered an Order granting a co-defendant's motion for enlargement of time wherein I reminded the parties that they must comply with, among other things, the Practices and Procedures of this Court, which requires motions for extension of time be filed no later than 48 hours prior to the deadline at issue, absent an emergency. (ECF No. 12). In this instance I will consider the Motion, but all parties are cautioned that, going forward, they must fully comply with the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, and the Practices and Procedures of this Court. Having reviewed the Motion, the pertinent portions of the record and the applicable law, and noting that Plaintiff does not object to the relief sought, the Court finds good cause for the brief extension of time requested. Accordingly, the Court hereby ORDERS that the Unopposed Motion for Extension of Time (ECF No. 14), is GRANTED. Defendant Subway at 104 Shoppes, LLC shall file its response to the Complaint NO LATER THAN May 10, 2021. Signed by Magistrate Judge Chris M. McAliley on 4/29/2021. (nsy)
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| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Subway At 104 Shoppes LLC. Attorney Daniel Loren Leyton added to party Subway At 104 Shoppes LLC(pty:dft). (Leyton, Daniel) |
| Filing 13 ANSWER and Affirmative Defenses to Complaint by Winn-Dixie Stores, Inc.. (Warner, Susan) |
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Filing 12
PAPERLESS ORDER. Defendant RC FL-Shoppes at 104, LLC filed an Agreed Motion for Enlargement of Time to respond to the Complaint. (ECF No. 11). Having reviewed the Agreed Motion, the pertinent portions of the record and the applicable law, and noting that Plaintiff does not object to the relief sought, the Court finds good cause for the brief extension of time requested. Accordingly, the Court hereby ORDERS that the Agreed Motion for Enlargement of Time (ECF No. 11), is GRANTED. Defendant RC FL-Shoppes at 104, LLC shall file its response to the Complaint NO LATER THAN May 7, 2021. Going forward, all motions and filings of the parties must fully comply with the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, and the Practices and Procedures of this Court. Pursuant to Section II(B) of this Court's Practices and Procedures, [a]bsent an emergency, requests for extensions of time must be presented to the Court, by motion, no later than 48 hours prior to the deadline from which the Parties are seeking relief. Sanctions may be imposed for non-emergent requests made less than 48 hours prior to the deadline. Signed by Magistrate Judge Chris M. McAliley on 4/26/2021. (nsy)
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| Filing 11 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by RC FL-Shoppes at 104, LLC.. Attorney Peter Ross Siegel added to party RC FL-Shoppes at 104, LLC.(pty:dft). (Attachments: #1 Text of Proposed Order)(Siegel, Peter) |
| Filing 10 NOTICE of Attorney Appearance by Susan Virginia Warner on behalf of Winn-Dixie Stores, Inc.. Attorney Susan Virginia Warner added to party Winn-Dixie Stores, Inc.(pty:dft). (Warner, Susan) |
| 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 Carlos Brito. Hammocks Grill, Inc. served on 4/9/2021, answer due 4/30/2021. (Perez, Anthony) |
| Filing 8 CERTIFICATE of Counsel re #4 Order Referring Case to Magistrate Judge, Notice of Court Practice/to Appear/Other VERIFIED CERTIFICATE OF PLAINTIFFS COUNSEL REGARDING PRIOR FILINGS UNDER THE AMERICANS WITH DISABILITIES ACT FOR THE SUBJECT PROPERTIES AND DEFENDANT by Anthony Joseph Perez on behalf of Carlos Brito (Perez, Anthony) |
| 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 Carlos Brito. Subway At 104 Shoppes LLC served on 4/8/2021, answer due 4/29/2021. (Perez, Anthony) |
| 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 Carlos Brito. RC FL-Shoppes at 104, LLC. served on 4/6/2021, answer due 4/27/2021. (Perez, Anthony) |
| 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. C&C Amaya Investments, Inc. served on 4/7/2021, answer due 4/28/2021. (Perez, Anthony) |
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Filing 4
ORDER OF REFERRAL AND OF COURT PRACTICE IN ADA CASES. Signed by Judge Kathleen M. Williams on 4/1/2021. See attached document for full details. (drz)
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| Filing 3 Summons Issued as to Ariel Rodriguez Corp., C&C Amaya Investments, Inc., Hammocks Grill, Inc., Koning Restaurants International, L.C., RC FL-Shoppes at 104, LLC., Subway At 104 Shoppes LLC, Winn-Dixie Stores, Inc. (drz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley 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 Ariel Rodriguez Corp., C&C Amaya Investments, Inc., Hammocks Grill, Inc., Koning Restaurants International, L.C., RC FL-Shoppes at 104, LLC., Subway At 104 Shoppes LLC, Winn-Dixie Stores, Inc.. Filing fees $ 402.00 receipt number AFLSDC-14570334, 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))(Perez, Anthony) |
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