Longhini v. RCI Holdings, Inc. et al
| Doug Longhini |
| Restaurant Rincon Latino Corp. and RCI Holdings, Inc. |
| 1:2021cv22109 |
| June 7, 2021 |
| US District Court for the Southern District of Florida |
| Chris M McAliley |
| Kathleen M Williams |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12182 |
| None |
Docket Report
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This docket was last retrieved on January 12, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 MOTION to Strike Resturant Rincon Latino Corp.'s Pro Se Answer by Doug Longhini. Responses due by 8/18/2021 (Perez, Anthony) |
| Filing 15 NOTICE of Filing by Yudelkys Pena on behalf of Restaurant Rincon Latino Corp. (Attachments: #1 Exhibit) (cds) |
| Filing 14 NOTICE of Attorney Appearance by Sally Helen Seltzer on behalf of RCI Holdings, Inc.. Attorney Sally Helen Seltzer added to party RCI Holdings, Inc.(pty:dft). (Seltzer, Sally) |
| Filing 13 RESPONSE in Opposition re #9 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Doug Longhini. Replies due by 7/30/2021. (Attachments: #1 Exhibit A, #2 Exhibit B)(Perez, Anthony) |
| Filing 12 Clerks Entry of Default as to Restaurant Rincon Latino Corp. per Order Directing Clerk to Enter Default Re: 11 Order Directing Clerk to Enter Defaul. Signed by DEPUTY CLERK on 7/12/2021. (cqs) |
Filing 11
PAPERLESS ORDER Directing Clerk to Enter Default. On June 14, 2021, Plaintiff filed proof of service reflecting service on Defendant Restaurant Rincon Latino Corp. on June 10, 2021, making its answer to the complaint due on or before July 1, 2021. #5 . To date, Defendant Restaurant Rincon Latino 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 has failed to plead or otherwise defend. Accordingly, it is ORDERED AND ADJUDGED that the Clerk is directed to ENTER DEFAULT against Defendant Restaurant Rincon Latino Corp.On or before August 12, 2021, Plaintiff shall file a motion for final default judgment against Defendant Restaurant Rincon Latino Corp. and serve it in accordance with Rule 55(b)(2) of the Federal Rules of Civil Procedure. 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 7/12/2021. (shy)
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Filing 10
PAPERLESS ORDER REFERRING #9 Defendant RCI Holdings, Inc.'s Motion to Dismiss. THIS MATTER is before the Court on a sua sponte review of the record. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Defendant RCI Holdings, Inc.'s Motion #9 is REFERRED to United States Magistrate Judge Chris M. McAliley for a report and recommendation. Signed by Judge Kathleen M. Williams on 7/12/2021. (shy)
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| Filing 9 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by RCI Holdings, Inc.. Responses due by 7/23/2021 (Attachments: #1 Exhibit Exhibit A)(Chen, Connie) |
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Filing 8
PAPERLESS ORDER. Defendant RCI Holding, Inc. filed an Agreed Motion for Enlargement of Time to respond to the Complaint. (ECF No. 7). 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. 7), is GRANTED. Defendant RCI Holding, Inc. shall file its response to the Complaint NO LATER THAN July 14, 2021. The Court notes that RCI Holding, Inc. did not comply with Section II(B) of this Court's Practices and Procedures, which states that "[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." 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. Signed by Magistrate Judge Chris M. McAliley on 7/1/2021. (nsy)
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| Filing 7 Defendant's MOTION for Extension of Time to File Response/Reply/Answer by RCI Holdings, Inc.. Attorney Connie Felix Chen added to party RCI Holdings, Inc.(pty:dft). (Chen, Connie) |
| Filing 6 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 DEFENDANTS by Anthony Joseph Perez on behalf of Doug Longhini (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 Doug Longhini. Restaurant Rincon Latino Corp. served on 6/10/2021, answer due 7/1/2021. (Perez, Anthony) |
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Filing 4
ORDER OF REFERRAL to Magistrate Judge Chris M. McAliley for Pretrial Non-Dispositive Matters AND NOTICE OF COURT PRACTICES IN ADA CASES. Signed by Judge Kathleen M. Williams on 6/7/2021. See attached document for full details. (cds)
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| Filing 3 Summons Issued as to RCI Holdings, Inc., Restaurant Rincon Latino Corp. (mc) |
| 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. (mc) |
| Filing 1 COMPLAINT against RCI Holdings, Inc., Restaurant Rincon Latino Corp.. Filing fees $ 402.00 receipt number AFLSDC-14745023, filed by Doug Longhini. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Perez, Anthony) |
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