PINERO v. CASTELL PROPERTIES, LLC et al
Plaintiff: EMILIO PINERO
Defendant: CASTELL PROPERTIES, LLC and BRUSH AND BRISTEL CORP. doing business as SANGUICH DE MIAMI
Case Number: 1:2021cv23767
Filed: October 25, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. ยง 12182
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 8, 2021 Opinion or Order Filing 15 PAPERLESS ORDER granting #14 Defendant Brush and Bristle Corp d/b/a Sanguich De Miami's Second Motion for Enlargement of Time to Respond to Plaintiff's Complaint. Defendant shall file its response on or before December 27, 2021. Signed by Judge Darrin P. Gayles on 12/8/2021. (bhy)
December 7, 2021 Filing 14 Second MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by BRUSH AND BRISTEL CORP.. (Attachments: #1 Text of Proposed Order proposed order)(Gonzalez, Pedro)
December 7, 2021 Filing 13 ANSWER and Affirmative Defenses to Complaint by CASTELL PROPERTIES, LLC. (Marban, Edilberto)
November 29, 2021 Opinion or Order Filing 12 PAPERLESS ORDER. Defendant Castell Properties, LLC shall file a responsive pleading to Plaintiff's Complaint on or before December 7, 2021 or default shall be entered. Signed by Judge Darrin P. Gayles on 11/29/2021. (bhy)
November 18, 2021 Filing 11 NOTICE of Attorney Appearance by Edilberto O. Marban on behalf of CASTELL PROPERTIES, LLC. Attorney Edilberto O. Marban added to party CASTELL PROPERTIES, LLC(pty:dft). (Marban, Edilberto)
November 18, 2021 Opinion or Order Filing 10 PAPERLESS ORDER granting #9 Defendant Brush and Bristle Corp. d/b/a Sanguich De Miami's Unopposed Motion for Enlargement of Time to Respond to Plaintiff's Complaint. Defendant shall file its response on or before December 7, 2021. Signed by Judge Darrin P. Gayles on 11/18/2021. (bhy)
November 17, 2021 Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by BRUSH AND BRISTEL CORP.. Attorney Pedro Alejandro Gonzalez added to party BRUSH AND BRISTEL CORP.(pty:dft). (Attachments: #1 Text of Proposed Order Agreed Order)(Gonzalez, Pedro)
October 29, 2021 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 EMILIO PINERO. CASTELL PROPERTIES, LLC served on 10/27/2021, response/answer due 11/17/2021. (Wassenberg, Lauren)
October 29, 2021 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 EMILIO PINERO. BRUSH AND BRISTEL CORP. served on 10/27/2021, response/answer due 11/17/2021. (Wassenberg, Lauren)
October 27, 2021 Filing 6 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by EMILIO PINERO (Wassenberg, Lauren)
October 26, 2021 Opinion or Order 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 on 10/26/2021. (bhy)
October 26, 2021 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 on 10/26/2021. (bhy)
October 26, 2021 Filing 3 Summons Issued as to BRUSH AND BRISTEL CORP., CASTELL PROPERTIES, LLC. (mee)
October 25, 2021 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. (mee)
October 25, 2021 Filing 1 COMPLAINT against BRUSH AND BRISTEL CORP., CASTELL PROPERTIES, LLC. Filing fees $ 402.00 receipt number AFLSDC-15120862, filed by EMILIO PINERO. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Goldstein, Glenn)

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Plaintiff: EMILIO PINERO
Represented By: Glenn R Goldstein
Represented By: Lauren Nicole Wassenberg
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Defendant: CASTELL PROPERTIES, LLC
Represented By: Edilberto O. Marban
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Defendant: BRUSH AND BRISTEL CORP. doing business as SANGUICH DE MIAMI
Represented By: Pedro Alejandro Gonzalez
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