Cohan v. Odyssey Propco VII, LLC
Plaintiff: Howard Cohan
Defendant: Odyssey Propco VII, LLC a Foreign Limited Liability Company doing business as Hampton Inn and Suites Miami
Case Number: 1:2022cv23182
Filed: September 30, 2022
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 Americans with Disabilities Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 28, 2022 Filing 12 RESPONSE to Motion re #11 Unopposed MOTION for Extension of Time to Respond to Defendant's Motion to Dismiss Complaint Second Motion filed by Odyssey Propco VII, LLC. Replies due by 12/5/2022. (Rapoport, Dawn)
November 28, 2022 Filing 11 Unopposed MOTION for Extension of Time to Respond to Defendant's Motion to Dismiss Complaint by Howard Cohan. Responses due by 12/12/2022 (Attachments: #1 Text of Proposed Order)(Sconzo, Gregory)
November 17, 2022 Opinion or Order Filing 10 PAPERLESS ORDER granting #9 Motion for Extension of Time. Plaintiff shall respond to Defendant's Motion to Dismiss on or before November 24, 2022. Signed by Judge Darrin P. Gayles (hs01)
November 17, 2022 Filing 9 Unopposed MOTION for Extension of Time to Respond to Defendant's Motion to Dismiss Complaint by Howard Cohan. Responses due by 12/1/2022 (Attachments: #1 Text of Proposed Order)(Sconzo, Gregory)
November 17, 2022 Set/Reset Deadlines/Hearings as to #7 MOTION TO DISMISS #1 Complaint, #4 Summons Returned Executed, FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction. Responses due by 11/24/2022. Per DE 10 Order. (ebz)
November 3, 2022 Filing 8 NOTICE of Filing and Report in Compliance by Odyssey Propco VII, LLC re 6 Notice of Court Practice/to Appear/Other,,,,, (Rapoport, Dawn) Modified Text on 11/4/2022 (ls).
November 3, 2022 Filing 7 MOTION TO DISMISS #1 Complaint, #4 Summons Returned Executed, FOR FAILURE TO STATE A CLAIM and Lack of Subject Matter Jurisdiction by Odyssey Propco VII, LLC. Attorney Dawn Michelle Rapoport added to party Odyssey Propco VII, LLC(pty:dft). Responses due by 11/17/2022 (Rapoport, Dawn)
October 25, 2022 Opinion or Order Filing 6 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 attorneys 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 (hs01)
October 25, 2022 Filing 5 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 (hs01)
October 13, 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 Howard Cohan. Odyssey Propco VII, LLC served on 10/12/2022, response/answer due 11/2/2022. (Sconzo, Gregory)
September 30, 2022 Filing 3 Summons Issued as to Odyssey Propco VII, LLC. (rbe)
September 30, 2022 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)
September 30, 2022 Filing 1 COMPLAINT against Odyssey Propco VII, LLC. Filing fees $ 402.00 receipt number AFLSDC-15988836, filed by Howard Cohan. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Sconzo, Gregory)

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Plaintiff: Howard Cohan
Represented By: Samantha Lyn Simpson
Represented By: Gregory Steven Sconzo
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Defendant: Odyssey Propco VII, LLC a Foreign Limited Liability Company doing business as Hampton Inn and Suites Miami
Represented By: Dawn Michelle Rapoport
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