JOSEPH v. 3140 GRAND, LLC et al
| MICHAEL JOSEPH |
| 3140 GRAND, LLC and CODE RED HOSPITALITY LLC doing business as CHUGS |
| 1:2022cv24018 |
| December 12, 2022 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12182 Americans with Disabilities Act |
| None |
Docket Report
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This docket was last retrieved on February 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 Plaintiff's MOTION for Default Judgment by MICHAEL JOSEPH. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Goldstein, Glenn) |
Filing 18
NOTICE OF COURT PRACTICE ON DEFAULT PROCEDURE. The Clerk entered a default #17 against Defendant Code Red Hospitality, LLC on February 2, 2023. Now that defaults have been entered against both defendants, within ten (10) days of this Order, Plaintiff shall file a motion for final default judgment against both Defendants, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Failure to comply with this Order may result in dismissal of the instant action. Signed by Judge Darrin P. Gayles on 2/3/2023. (nce)
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| Filing 17 Clerk's Entry of Default as to CODE RED HOSPITALITY LLC doing business as CHUGS - Motions Terminated: #16 Motion for Clerk's Entry of Default Signed by DEPUTY CLERK on 2/3/2023. (cds) |
| Filing 16 Plaintiff's MOTION for Clerk's Entry of Default as to CODE RED HOSPITALITY LLC by MICHAEL JOSEPH. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)(Goldstein, Glenn) |
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Filing 15
PAPERLESS ORDER granting Plaintiff's #14 Motion for Extension of Time. Plaintiff shall file its motion for final default judgment on or before February 10, 2023. Signed by Judge Darrin P. Gayles on 1/30/2023. (nce)
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| Filing 14 Plaintiff's MOTION for Extension of Time to Move for Default Final Judgment re 7 Notice of Court Practice/to Appear/Other,,, #11 Clerk's Entry/Non-Entry of Default by MICHAEL JOSEPH. Responses due by 2/13/2023 (Attachments: #1 Text of Proposed Order)(Goldstein, Glenn) |
| Filing 13 NOTICE by MICHAEL JOSEPH re 7 Notice of Court Practice/to Appear/Other,,, NOTICE OF JOINT LIABILITY (Goldstein, Glenn) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MICHAEL JOSEPH. CODE RED HOSPITALITY LLC served on 1/10/2023, response/answer due 1/31/2023. (Goldstein, Glenn) |
| Filing 11 Clerk's Entry of Default as to 3140 GRAND, LLC - Motions Terminated: #10 Motion for Clerk's Entry of Default Signed by DEPUTY CLERK on 1/17/2023. (cds) |
| Filing 10 Plaintiff's MOTION for Clerk's Entry of Default (In Compliance with DE#7) as to 3140 GRAND, LLC by MICHAEL JOSEPH. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)(Goldstein, Glenn) |
| Filing 9 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by MICHAEL JOSEPH (Goldstein, Glenn) |
| Filing 8 CERTIFICATE of Counsel Verified Certificate of Counsel RE: Prior Filings Under the ADA by Glenn R Goldstein on behalf of MICHAEL JOSEPH (Goldstein, Glenn) |
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Filing 7
NOTICE OF COURT PRACTICE ON DEFAULT PROCEDURE. Plaintiff effectuated service of the summons and complaint on Defendant 3140 GRAND, LLC on December 22, 2022 [ECF No. 6]. Defendant 3140 GRAND, LLC, 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. Signed by Judge Darrin P. Gayles on 1/10/2023. (nce)
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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 MICHAEL JOSEPH. 3140 GRAND, LLC served on 12/19/2022, response/answer due 1/9/2023. (Goldstein, Glenn) |
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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 3140 GRAND, LLC, CODE RED HOSPITALITY LLC. (nwn) |
| 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. (nwn) |
| Filing 1 COMPLAINT against 3140 GRAND, LLC, CODE RED HOSPITALITY LLC. Filing fees $ 402.00 receipt number AFLSDC-16165512, filed by MICHAEL JOSEPH. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Goldstein, Glenn) |
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