Barberi v. DISCOUNT FURNITURE & MATTRESS, LLC et al
| Renzo Barberi |
| DISCOUNT FURNITURE & MATTRESS, LLC, GERGE F. LIND and SONJA M. LIND and SONJA M. LIND and GERGE F. LIND |
| 1:2022cv23102 |
| September 26, 2022 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Civil Rights: Accommodations |
| 42 U.S.C. § 12182 Americans with Disabilities Act |
| None |
Docket Report
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This docket was last retrieved on November 10, 2022. A more recent docket listing may be available from PACER.
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Filing 25
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before November 29, 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 See attached document for full details. (hs01)
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| Filing 24 Clerk's Notice to Filer re #23 Report Regarding. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ebz) |
| Filing 23 REPORT REGARDING re 13 NOTICE OF COURT PRACTICE by DISCOUNT FURNITURE & MATTRESS, LLC, GERGE F. LIND and SONJA M. LIND, SONJA M. LIND and GERGE F. LIND (Shulby, Todd) Modified to add document link on 11/10/2022 (ebz). |
| Filing 22 ANSWER and Affirmative Defenses to Complaint by DISCOUNT FURNITURE & MATTRESS, LLC, GERGE F. LIND and SONJA M. LIND, SONJA M. LIND and GERGE F. LIND. (Shulby, Todd) |
| Filing 21 NOTICE of Attorney Appearance by Todd William Shulby on behalf of DISCOUNT FURNITURE & MATTRESS, LLC (Shulby, Todd) |
| Filing 20 NOTICE of Striking #14 Notice of Attorney Appearance filed by DISCOUNT FURNITURE & MATTRESS, LLC by DISCOUNT FURNITURE & MATTRESS, LLC (Shulby, Todd) |
| Filing 19 Clerk's Notice to Filer re #14 Notice of Attorney Appearance. Incorrect Document Uploaded; CORRECTIVE ACTION REQUIRED - Filer must file a Notice of Striking, then refile the correct copy of the document. (ls) |
| Reset Response/Answer Due Deadline: Discount Furniture & Mattress, LLC response/answer due 11/7/2022. (ls)(per DE #18) |
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Filing 18
PAPERLESS ORDER granting #15 Motion for Extension of Time. Defendant Discount Furniture & Mattress shall respond to the Complaint on or before November 7, 2022. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 17 Notice of NO Pending, Refiled, Related or Similar Actions by DISCOUNT FURNITURE & MATTRESS, LLC (Shulby, Todd) |
| Filing 16 Certificate of Other Affiliates/Corporate Disclosure Statement by DISCOUNT FURNITURE & MATTRESS, LLC (Shulby, Todd) |
| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by DISCOUNT FURNITURE & MATTRESS, LLC. (Shulby, Todd) |
| Filing 14 (STRICKEN PER DE#20) NOTICE of Attorney Appearance by Todd William Shulby on behalf of DISCOUNT FURNITURE & MATTRESS, LLC. Attorney Todd William Shulby added to party DISCOUNT FURNITURE & MATTRESS, LLC(pty:dft). (Shulby, Todd) Text Modified on 11/3/2022 (scn). |
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Filing 13
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: On or before November 7, 2022, Defendants shall file a report with the Court indicating whether they 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, Defendants shall include a reasonable timeline for remediation. If, upon review of the report, the Court finds that Defendants intend to remediate the property within a reasonable time, the action shall be stayed. If requested, the Court may grant proportional discovery to verify Defendants' 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 (hs01)
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Filing 12
PAPERLESS ORDER granting #9 Motion for Extension of Time. Defendants Gerge F. Lind and Sonja M. Lind shall respond to the Complaint on or before November 7, 2022. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 11 Notice of NO Pending, Refiled, Related or Similar Actions by GERGE F. LIND and SONJA M. LIND, SONJA M. LIND and GERGE F. LIND (Shulby, Todd) |
| Filing 10 Certificate of Other Affiliates/Corporate Disclosure Statement by GERGE F. LIND and SONJA M. LIND, SONJA M. LIND and GERGE F. LIND (Shulby, Todd) |
| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by GERGE F. LIND and SONJA M. LIND, SONJA M. LIND and GERGE F. LIND. (Shulby, Todd) |
| Filing 8 NOTICE of Attorney Appearance by Todd William Shulby on behalf of GERGE F. LIND and SONJA M. LIND, SONJA M. LIND and GERGE F. LIND. Attorney Todd William Shulby added to party GERGE F. LIND and SONJA M. LIND(pty:dft), Attorney Todd William Shulby added to party SONJA M. LIND and GERGE F. LIND(pty:dft). (Shulby, Todd) |
| 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 Renzo Barberi. SONJA M. LIND and GERGE F. LIND served on 10/1/2022, response/answer due 10/24/2022. (Stern, Ronald) |
| 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 Renzo Barberi. GERGE F. LIND and SONJA M. LIND served on 10/1/2022, response/answer due 10/24/2022. (Stern, Ronald) |
| 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 Renzo Barberi. DISCOUNT FURNITURE & MATTRESS, LLC served on 9/30/2022, response/answer due 10/21/2022. (Stern, Ronald) |
| Filing 4 NOTICE of Attorney Appearance by Ronnette Gleizer on behalf of Renzo Barberi. Attorney Ronnette Gleizer added to party Renzo Barberi(pty:pla). (Gleizer, Ronnette) |
| Filing 3 Summons Issued as to DISCOUNT FURNITURE & MATTRESS, LLC, GERGE F. LIND and SONJA M. LIND, SONJA M. LIND and GERGE F. LIND. (rbe) |
| 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. (rbe) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15977192, filed by Renzo Barberi. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Stern, Ronald) |
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