Gomez v. JDC DENTAL, INC.
| Andres Gomez |
| JDC DENTAL, INC. doing business as Dental Solutions of Miami |
| 1:2022cv22819 |
| September 6, 2022 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12182 Americans with Disabilities Act |
| None |
Docket Report
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Filing 13
PAPERLESS ORDER DISMISSING CASE WITH PREJUDICE pursuant to Plaintiff's #12 Notice of Dismissal with Prejudice. Signed by Judge Darrin P. Gayles (bhy)
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| Filing 12 NOTICE of Voluntary Dismissal by Andres Gomez (Leal, Alberto) |
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Filing 11
PAPERLESS ORDER VACATING the Court's #10 Order requiring joint scheduling report and proposed scheduling order. Signed by Judge Darrin P. Gayles (bhy)
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Filing 10
(VACATED PER DE#11)PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before October 21, 2022, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles (bhy) Modified on 10/4/2022 (cqs).
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Filing 9
PAPERLESS ORDER administratively closing case in light of #8 Notice of Settlement, which indicates that this matter has settled in full. The parties are hereby notified that, within fourteen (14) 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 are denied as moot. Signed by Judge Darrin P. Gayles (bhy)
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| Filing 8 NOTICE of Settlement by Andres Gomez (Leal, Alberto) |
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Filing 7
NOTICE OF COURT PRACTICE ON DEFAULT PROCEDURE. Plaintiff effectuated service of the summons and complaint on Defendant on September 7, 2022. [ECF No. 6]. Defendant, however, has failed to plead or otherwise defend this action after being served with process. Accordingly, within five (5) days of the date of this Order, Plaintiff shall file for entry of default by the Clerk as to the defendant. Within ten (10) days of entry of default by the Clerk, Plaintiff shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiff's failure to file a Motion for Final Default Judgment on or before the date set forth above may result in dismissal of the instant action. Plaintiff shall immediately provide Defendant with a copy of this Order via certified mail. Signed by Judge Darrin P. Gayles (bhy)
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| 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 Andres Gomez. JDC DENTAL, INC. served on 9/7/2022, response/answer due 9/28/2022. (Leal, Alberto) |
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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 (bhy)
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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 (bhy) |
| Filing 3 Summons Issued as to JDC DENTAL, INC.. (swr) |
| 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. (swr) |
| Filing 1 COMPLAINT against JDC DENTAL, INC.. Filing fees $ 402.00 receipt number AFLSDC-15924791, filed by Andres Gomez. (Attachments: #1 Summon(s), #2 Civil Cover Sheet)(Leal, Alberto) |
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| Plaintiff: Andres Gomez | |
| Represented By: | Alberto R. Leal |
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| Defendant: JDC DENTAL, INC. doing business as Dental Solutions of Miami | |
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