Caplan v. RIVERO AUTO PARTS, INC. et al
| Howard Michael Caplan |
| RIVERO AUTO PARTS, INC., LONG GREEN WAREHOUSE CONDOMINIUM ASSOCIATION, INC. and ANA RIVERO |
| 1:2023cv20469 |
| February 6, 2023 |
| US District Court for the Southern District of Florida |
| Lisette M Reid |
| Kathleen M Williams |
| Civil Rights: Accommodations |
| 42 U.S.C. ยง 12182 Americans with Disabilities Act |
| None |
Docket Report
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Filing 13
PAPERLESS ORDER. THIS MATTER is before the Court on the #12 notice indicating that the Parties have reached a settlement of this matter. Accordingly, it is ORDERED AND ADJUDGED that on or before May 1, 2023, Plaintiff shall file a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Should Plaintiff file a notice of voluntary dismissal, the dismissal of this matter will be effective and self-executing upon its filing.Alternatively, if the Parties wish for the Court to retain jurisdiction beyond the filing of Plaintiff's dismissal notice, they are advised that they must file the settlement agreement for review and file a joint stipulation of dismissal, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), that complies with the Court's Practices and Procedures and the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). All hearings and deadlines are CANCELED. All pending motions are DENIED AS MOOT. This case is CLOSED for administrative purposes. Signed by Judge Kathleen M. Williams on 4/3/2023. (er01)
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| Filing 12 NOTICE of Settlement by Howard Michael Caplan (Stern, Ronald) |
| Filing 11 Clerk's Entry of Default as to RIVERO AUTO PARTS, INC., LONG GREEN WAREHOUSE CONDOMINIUM ASSOCIATION, INC., ANA RIVERO per Order Directing Clerk to Enter Default Re: 10 Order Directing Clerk to Enter Default. Signed by DEPUTY CLERK on 3/16/2023. (cqs) |
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Filing 10
PAPERLESS ORDER Directing Clerk to Enter Default. On February 9, 2023, and February 15, 2023, Plaintiff filed #7 , #8 , #9 proof of service alleging service on Defendants on February 8, 2023 and February 9, 2023, making Defendants' answers to the Complaint due on or before March 1, 2023 and March 2, 2023. To date, Defendants have failed to appear or file a responsive pleading to the Complaint. The Federal Rules of Civil Procedure provide that the Clerk must enter default against a defendant who has failed to plead or otherwise defend. See Fed. R. Civ. P. 55. Accordingly, it is ORDERED AND ADJUDGED that the Clerk is directed to ENTER DEFAULT against all Defendants.On or before April 14, 2023, Plaintiff shall file a motion for final default judgment against Defendants and serve it in accordance with Rule 55(b)(2) of the Federal Rules of Civil Procedure. The motion must be accompanied by a proposed default final judgment order setting forth the sum certain owed as money damages and the sum certain sought for attorneys' fees and costs supported by sufficient evidence, through affidavits or otherwise, to establish the basis for damages and other relief sought in the pleadings. The motion must also reference specific legal authority establishing Plaintiff's entitlement to the relief sought and demonstrating that service was proper. Signed by Judge Kathleen M. Williams on 3/16/2023. (er01)
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| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Howard Michael Caplan. LONG GREEN WAREHOUSE CONDOMINIUM ASSOCIATION, INC. served on 2/9/2023, response/answer due 3/2/2023. (Stern, Ronald) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Howard Michael Caplan. ANA RIVERO served on 2/8/2023, response/answer due 3/1/2023. (Stern, Ronald) |
| 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 Howard Michael Caplan. RIVERO AUTO PARTS, INC. served on 2/8/2023, response/answer due 3/1/2023. (Stern, Ronald) |
| Filing 6 CERTIFICATE of Counsel re #5 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, by Ronald E. Stern on behalf of Howard Michael Caplan (Stern, Ronald) |
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Lisette M. Reid for Pretrial Non-Dispositive Matters and Notice of Court Practice In ADA Cases. Signed by Judge Kathleen M. Williams on 2/8/2023. See attached document for full details. (cqs)
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| Filing 4 NOTICE of Attorney Appearance by Ronnette Gleizer on behalf of Howard Michael Caplan. Attorney Ronnette Gleizer added to party Howard Michael Caplan(pty:pla). (Gleizer, Ronnette) |
| Filing 3 Summons Issued as to LONG GREEN WAREHOUSE CONDOMINIUM ASSOCIATION, INC., ANA RIVERO, RIVERO AUTO PARTS, INC. (nwn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid 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 for Declaratory and Injunctive Relief against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16299750, filed by Howard Michael Caplan. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Stern, Ronald) |
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