Lucius v. Miami G KD, LLC.,
| Windy Lucius |
| Miami G KD, LLC., doing business as d/b/a Moonlite Diner |
| 1:2023cv20401 |
| January 31, 2023 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Robert N Scola |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12182 Americans with Disabilities Act |
| None |
Docket Report
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Filing 10
PAPERLESS ORDER: The Court grants #9 the Defendant Miami G KD, LLC's unopposed motion for extension of time to respond to the complaint. The Defendant shall respond to the complaint on or before April 4, 2023. Signed by Judge Robert N. Scola, Jr. (abo)
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| Set/Reset Response/Answer Due Deadline per order de#10: Miami G KD, LLC., response/answer due 4/4/2023. (drz) |
| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Miami G KD, LLC.,. (Billoo, Yasir) |
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Filing 8
PAPERLESS ORDER: The Court denies, without prejudice, #7 the Defendant Miami G KD, LLC's motion for extension of time to respond to the complaint because the motion does not contain a proper pre-filing-conference certification, as required by the Court's Local Rules. Local Rule 7.1(a)(3) requires an attorney filing a motion in a civil case to first confer with opposing counsel in a good-faith effort to resolve by agreement the issues raised in the motion. S.D. Fla. L.R. 7.1(a)(3). Counsel's averment that he "contacted Plaintiff's Counsel to confer" at an indefinite date and time "but has not yet received a response" is inadequate and does not amount to a "reasonable effort to confer." "The purpose of the rule is to ensure judicial economy and prevent courts from considering issues the parties could agree on independently, and to ascertain whether the Court need wait for a response from the opposing party before deciding the motion." Aguilar v. United Floor Crew, Inc., No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014) (Bloom, J.). Counsel may refile the motion once he has made reasonable efforts to get in touch with the Plaintiff's counsel. Signed by Judge Robert N. Scola, Jr. (abo)
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| Filing 7 First MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Miami G KD, LLC.,. Attorney Yasir Billoo added to party Miami G KD, LLC.,(pty:dft). (Billoo, Yasir) |
| Filing 6 CERTIFICATE of Counsel re #4 Order of Requirements,, Order Referring Case to Magistrate Judge, by Juan Courtney Cunningham on behalf of Windy Lucius (Cunningham, Juan) |
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Filing 5
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 2/3/2023. See attached document for full details. (fbn)
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Filing 4
Order Requiring Discovery and Scheduling Conference, Order Requiring Verified Statement in ADA Case, and Order Referring Discovery Matters to the Magistrate Judge. Signed by Judge Robert N. Scola, Jr on 2/2/2023. See attached document for full details. (drz)
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| Filing 3 Summons Issued as to Miami G KD, LLC.,. (nan) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (nan) |
| Filing 1 COMPLAINT against Miami G KD, LLC.,. Filing fees $ 402.00 receipt number AFLSDC-16284681, filed by Windy Lucius. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Cunningham, Juan) |
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| Plaintiff: Windy Lucius | |
| Represented By: | Juan Courtney Cunningham |
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| Defendant: Miami G KD, LLC., doing business as d/b/a Moonlite Diner | |
| Represented By: | Yasir Billoo |
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