Cohan v. Clevelander Ocean, LP
Plaintiff: Howard Cohan
Defendant: Clevelander Ocean, LP a Foreign Limited Partnership doing business as Clevelander Hotel
Case Number: 1:2023cv20447
Filed: February 3, 2023
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 March 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 21, 2023 Opinion or Order Filing 10 PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before April 7, 2023, 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 on 3/21/2023. (nce)
March 21, 2023 Filing 9 ANSWER and Affirmative Defenses to Complaint by Clevelander Ocean, LP. (Gonzalez-Llorens, Rene)
February 28, 2023 Opinion or Order Filing 8 PAPERLESS ORDER granting #7 Defendant's Unopposed Motion for Enlargement of Time to Respond to Complaint. Defendant shall file an Answer or other responsive pleading on or before March 21, 2023. Signed by Judge Darrin P. Gayles on 2/28/2023. (nce)
February 28, 2023 Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Clevelander Ocean, LP. Attorney Rene J. Gonzalez-Llorens added to party Clevelander Ocean, LP(pty:dft). (Attachments: #1 Text of Proposed Order)(Gonzalez-Llorens, Rene)
February 9, 2023 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 Howard Cohan. Clevelander Ocean, LP served on 2/8/2023, response/answer due 3/1/2023. (Sconzo, Gregory)
February 3, 2023 Opinion or Order 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 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 on 2/3/2023. (nce)
February 3, 2023 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 on 2/3/2023. (nce)
February 3, 2023 Filing 3 Summons Issued as to Clevelander Ocean, LP. (aao)
February 3, 2023 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. (aao)
February 3, 2023 Filing 1 COMPLAINT against Clevelander Ocean, LP. Filing fees $ 402.00 receipt number AFLSDC-16295246, filed by Howard Cohan. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Sconzo, Gregory)

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Plaintiff: Howard Cohan
Represented By: Gregory Steven Sconzo
Represented By: Samantha Lyn Simpson
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Defendant: Clevelander Ocean, LP a Foreign Limited Partnership doing business as Clevelander Hotel
Represented By: Rene J. Gonzalez-Llorens
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