Brito v. Park Square 5, LLC et al
| Carlos Brito |
| Park Square 5, LLC, SG Group Investment 1 LLC, NDM Doral, LLC, The Fresh Market, Inc. and JVC Franco 8, LLC |
| 1:2021cv22454 |
| July 7, 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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This docket was last retrieved on September 2, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 STIPULATION of Dismissal Joint Stipulation of Dismissal with Prejudice by The Fresh Market, Inc. (Attachments: #1 Text of Proposed Order)(Protopapadakis, Anastasia) |
| Filing 26 SUMMONS (Affidavit) Returned Executed on #12 Amended Complaint/Amended Notice of Removal with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Carlos Brito. NDM Doral, LLC served on 8/25/2021, answer due 9/8/2021. (Perez, Anthony) |
| Filing 25 Summons Issued as to NDM Doral, LLC. (jao) |
Filing 24
PAPERLESS ORDER granting Defendant Park Square 5, LLC's #22 Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant Park Square 5, LLC shall file an answer or motion to dismiss in response to Plaintiff's #1 Complaint on or before September 2, 2021. Signed by Judge Darrin P. Gayles (jsi)
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| Filing 23 NOTICE by Carlos Brito for Defendant, NDM Doral, LLC (Attachments: #1 Summon(s)) (Perez, Anthony) |
| Filing 22 MOTION for Extension of Time to Respond to Plaintiff's Complaint Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint by Park Square 5, LLC. Responses due by 9/1/2021 (Reyes, Ricardo) |
| Filing 21 NOTICE of Attorney Appearance by Ricardo Alberto Reyes on behalf of Park Square 5, LLC. Attorney Ricardo Alberto Reyes added to party Park Square 5, LLC(pty:dft). (Reyes, Ricardo) |
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Filing 20
PAPERLESS ORDER granting Defendant JVC Franco 8, LLC's #18 Unopposed Motion for Extension of Time to File Response to Plaintiff's Amended Complaint. Defendant JVC Franco 8, LLC shall file a responsive pleading to Plaintiff's #12 First Amended Complaint on or before September 10, 2021. Signed by Judge Darrin P. Gayles (jsi)
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Filing 19
PAPERLESS ORDER granting #17 Defendant Park Square 5, LLC's Unopposed Motion for an Extension of Time to File Court Mandated Report Regarding Intent to Remediate. Defendant shall file a response to the Court's 5 Notice of Court Practice on or before September 17, 2021. Signed by Judge Darrin P. Gayles (jsi)
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| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #12 Amended Complaint/Amended Notice of Removal by JVC Franco 8, LLC. Attorney Cindy Duque Bonilla added to party JVC Franco 8, LLC (pty:dft). (Bonilla, Cindy) |
| Filing 17 Unopposed MOTION for Extension of Time to File Court Mandated Report Regarding Intent to Remediate re 5 Notice of Court Practice/to Appear/Other,,,,, by Park Square 5, LLC. Attorney Kevin M. Young added to party Park Square 5, LLC(pty:dft). Responses due by 8/25/2021 (Attachments: #1 Text of Proposed Order)(Young, Kevin) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Carlos Brito. Park Square 5, LLC waiver sent on 8/4/2021, answer due 10/4/2021. (Perez, Anthony) |
| Filing 15 Summons Issued as to JVC Franco 8, LLC. (jao) |
| Filing 14 NOTICE of Filing Proposed Summons(es) as to JVC Franco 8 LLC by Carlos Brito re #12 Amended Complaint/Amended Notice of Removal filed by Carlos Brito (Attachments: #1 Summon(s)) (Perez, Anthony) |
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Filing 13
PAPERLESS ORDER regarding the #11 Joint Notice of Settlement, which indicates that this matter has settled in full as between Plaintiff and Defendant Fresh Market, Inc. Plaintiff and Defendant Fresh Market, Inc. are hereby notified that, within thirty (30) 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 to Defendant Fresh Market, Inc. are denied as moot. Signed by Judge Darrin P. Gayles (jsi)
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| Filing 12 Plaintiff's AMENDED COMPLAINT against NDM Doral, LLC, Park Square 5, LLC, JVC Franco 8, LLC, filed by Carlos Brito.(Perez, Anthony) |
| Filing 11 NOTICE of Settlement Joint Notice of Settlement as to Fresh Market by Carlos Brito (Perez, Anthony) |
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Filing 10
PAPERLESS ORDER granting Defendant The Fresh Market, Inc.'s #6 Unopposed Motion for Extension of Time to File Response to Plaintiff's Complaint. Defendant The Fresh Market, Inc., shall file a responsive pleading to Plaintiff's #1 Complaint on or before September 7, 2021. Signed by Judge Darrin P. Gayles (jsi)
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| 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. The Fresh Market, Inc. served on 7/15/2021, answer due 8/5/2021. (Perez, Anthony) |
| Filing 8 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. Park Square 5, LLC served on 7/13/2021, answer due 8/3/2021. (Perez, Anthony) |
| Filing 7 NOTICE by SG Group Investment 1 LLC of Naming Incorrect Party & Notice of Appearance. Attorney Cindy Duque Bonilla added to party SG Group Investment 1 LLC(pty:dft). (Bonilla, Cindy) |
| Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by The Fresh Market, Inc.. Attorney Anastasia Protopapadakis added to party The Fresh Market, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Protopapadakis, Anastasia) |
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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, 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 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 (jsi) |
| Filing 3 Summons Issued as to NDM Doral, LLC, Park Square 5, LLC, SG Group Investment 1 LLC, The Fresh Market, Inc.(jao) |
| 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. (jao) |
| Filing 1 COMPLAINT against NDM Doral, LLC, Park Square 5, LLC, SG Group Investment 1 LLC, The Fresh Market, Inc.. Filing fees $ 402.00 receipt number AFLSDC-14827441, filed by Carlos Brito. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s))(Perez, Anthony) |
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