Brito v. ELMOR ASSOCIATES, LTD. et al
Plaintiff: Carlos Brito
Defendant: ELMOR ASSOCIATES, LTD., Barnes & Noble, Inc. and Michaels Stores, Inc.
Case Number: 1:2022cv20099
Filed: January 7, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: Cecilia M Altonaga
Referring Judge: Edwin G Torres
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12182 Americans with Disabilities Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 1, 2022 Opinion or Order Filing 31 ORDER STRIKING #30 Notice of Serving Initial Disclosure filed by ELMOR ASSOCIATES, LTD. Signed by Chief Judge Cecilia M. Altonaga on 3/1/2022. See attached document for full details. (ps1)
February 28, 2022 Filing 30 NOTICE by ELMOR ASSOCIATES, LTD. of Serving Defendant Elmor Associates, Ltd.'s Initial Disclosures (Schapiro, Douglas)
February 23, 2022 Opinion or Order Filing 29 ORDER SETTING DISCOVERY PROCEDURES. Signed by Ch. Magistrate Judge Edwin G. Torres on 2/23/2022. See attached document for full details. (mdc)
February 17, 2022 Filing 28 Defendant Elmor Associates, Ltd.'s ANSWER and Affirmative Defenses to Complaint by ELMOR ASSOCIATES, LTD.. (Schapiro, Douglas)
February 17, 2022 Opinion or Order Filing 27 ORDER that the parties shall file a stipulation for dismissal by March 22, 2022 as to Barnes & Noble, Inc. Signed by Chief Judge Cecilia M. Altonaga on 2/17/2022. See attached document for full details. (wc)
February 17, 2022 Filing 26 NOTICE of Settlement as to Defendant BARNES & NOBLE, INC. by Carlos Brito (Perez, Anthony)
February 15, 2022 Filing 25 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by ELMOR ASSOCIATES, LTD. identifying Other Affiliate Light Properties, Inc., Other Affiliate Schertz Family Trust, Other Affiliate Light Equities LLC, Other Affiliate M. Schechter for ELMOR ASSOCIATES, LTD. (Schapiro, Douglas)
February 15, 2022 Opinion or Order Filing 24 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE. Jury Trial set for 9/12/2022 in Miami Division before Chief Judge Cecilia M. Altonaga. Calendar Call set for 9/6/2022 09:00 AM in Miami Division before Chief Judge Cecilia M. Altonaga. Amended Pleadings and Joinder of Parties due by 3/29/2022. Discovery, including Expert Discovery, due by 5/16/2022. Mediation Deadline 4/7/2022. All pretrial and Daubert Motions due by 5/31/2022. Joint Pretrial Stipulation and In Limine Motions due by 6/28/2022. Signed by Chief Judge Cecilia M. Altonaga on 2/15/2022. See attached document for full details. (wc) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
February 15, 2022 Filing 23 Clerks Notice to Filer re #20 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. Schertz Family Trust; Light Equities LLC; Aaron M. Schechter; Light Properties, Inc. (cds)
February 14, 2022 Filing 22 Joint SCHEDULING REPORT - Rule 16.1 by Carlos Brito (Attachments: #1 Text of Proposed Order)(Perez, Anthony)
February 14, 2022 Filing 21 Certificate of Other Affiliates/Corporate Disclosure Statement by Barnes & Noble, Inc. identifying Other Affiliate Elliott Advisors (UK) Limited, Inc., Other Affiliate Barnes & Noble Booksellers, Inc. for Barnes & Noble, Inc. (DeBoe, Paul)
February 14, 2022 Filing 20 Certificate of Other Affiliates/Corporate Disclosure Statement by ELMOR ASSOCIATES, LTD. (Schapiro, Douglas)
February 8, 2022 Filing 19 NOTICE of Voluntary Dismissal as to Defendant MICHAELS STORES, INC. by Carlos Brito (Perez, Anthony)
February 3, 2022 Filing 18 NOTICE of Attorney Appearance by Paul J DeBoe on behalf of Barnes & Noble, Inc. (DeBoe, Paul)
February 3, 2022 Filing 17 NOTICE of Striking #15 Notice of Attorney Appearance filed by Barnes & Noble, Inc. by Barnes & Noble, Inc. (DeBoe, Paul)
February 3, 2022 Filing 16 Clerks Notice to Filer re #15 Notice of Attorney Appearance. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (cds)
February 3, 2022 Filing 15 (STRICKEN PER DE#17 ) NOTICE of Attorney Appearance by David M. DeMaio on behalf of Barnes & Noble, Inc.. Attorney David M. DeMaio added to party Barnes & Noble, Inc.(pty:dft). (DeMaio, David) Modified Text on 2/3/2022 (cds).
February 2, 2022 Opinion or Order Filing 14 ORDER denying as moot #13 Unopposed Motion for Enlargement of Time to Respond to Plaintiff's Complaint, given the Court's #12 Order. Signed by Chief Judge Cecilia M. Altonaga on 2/2/2022. See attached document for full details. (ps1)
February 2, 2022 Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Barnes & Noble, Inc.. Attorney Paul J DeBoe added to party Barnes & Noble, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(DeBoe, Paul)
February 2, 2022 Opinion or Order Filing 12 ORDER granting #11 Defendant, Elmor Associates, Ltd.'s Unopposed Motion for Extension of Time to Answer. Defendants, Elmor Associates, Ltd.; Barnes & Noble, Inc.; and Michaels Stores, Inc. have until February 17, 2022 to file a single combined response or separate answers to Plaintiff's Complaint. The deadline contained in the #7 Order entered on January 19, 2022 shall not be extended. Signed by Chief Judge Cecilia M. Altonaga on 2/1/2022. See attached document for full details. (wc)
February 1, 2022 Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by ELMOR ASSOCIATES, LTD.. (Attachments: #1 Text of Proposed Order)(Schapiro, Douglas)
February 1, 2022 Filing 10 NOTICE of Attorney Appearance by Douglas Steven Schapiro on behalf of ELMOR ASSOCIATES, LTD.. Attorney Douglas Steven Schapiro added to party ELMOR ASSOCIATES, LTD.(pty:dft). (Schapiro, Douglas)
January 21, 2022 Filing 9 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Carlos Brito identifying Other Affiliate Ashley Buchanan, Other Affiliate Pablo Baez, Other Affiliate Jennifer Robinson, Other Affiliate Howard J. Schneider, Other Affiliate Steven Liechtung, Other Affiliate Allen W. Lindstrom, Other Affiliate Brett D. Goldberg, Other Affiliate Michael Rahn, Other Affiliate James Daunt, Other Affiliate Rebecca Shaffer for Carlos Brito (Perez, Anthony)
January 19, 2022 Opinion or Order Filing 8 ORDER requiring the Defendants to file a combined response or their separate answers within the time allowed for the last-served Defendant to respond. Signed by Chief Judge Cecilia M. Altonaga on 1/19/2022. See attached document for full details. (ps1)
January 19, 2022 Opinion or Order Filing 7 Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 2/14/2022. Signed by Chief Judge Cecilia M. Altonaga on 1/19/2022. See attached document for full details. (ps1)
January 19, 2022 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. ELMOR ASSOCIATES, LTD. served on 1/13/2022, response/answer due 2/3/2022. (Perez, Anthony)
January 19, 2022 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. Michaels Stores, Inc. served on 1/13/2022, response/answer due 2/3/2022. (Perez, Anthony)
January 19, 2022 Filing 4 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. Barnes & Noble, Inc. served on 1/13/2022, response/answer due 2/3/2022. (Perez, Anthony)
January 7, 2022 Filing 3 Summons Issued as to Barnes & Noble, Inc., ELMOR ASSOCIATES, LTD., Michaels Stores, Inc.. (cds)
January 7, 2022 Filing 2 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. 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. (cds)
January 7, 2022 Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15300889, filed by Carlos Brito. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Perez, Anthony)

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Plaintiff: Carlos Brito
Represented By: Beverly Virues
Represented By: Anthony Joseph Perez
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Defendant: ELMOR ASSOCIATES, LTD.
Represented By: Douglas Steven Schapiro
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Defendant: Barnes & Noble, Inc.
Represented By: David M. DeMaio
Represented By: Paul J DeBoe
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Defendant: Michaels Stores, Inc.
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