Barberi v. Discount Tire and Auto Service, Inc. et al
| Renzo Barberi |
| DISCOUNT TIRE AND AUTO SERVICE INC., J. C. HOLDING CORP., Discount Tire and Auto Service, Inc. and J.C. Holding Corp. |
| 1:2023cv20714 |
| February 23, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Civil Rights: Accommodations |
| 42 U.S.C. § 12182 Americans with Disabilities Act |
| None |
Docket Report
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This docket was last retrieved on April 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Discount Tire and Auto Service, Inc., J.C. Holding Corp.. (Diaz Cofino, Michelle) |
Filing 20
PAPERLESS ORDER granting #19 Defendants Tire and Auto Service, Inc. and J.C. Holding Corp.'s Third Unopposed Motion for Enlargement of Time to Respond to Complaint. Defendants shall file a response to the #1 Complaint on or before April 21, 2023. Signed by Judge Darrin P. Gayles on 4/17/2023. (mja)
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| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 13 Order on Motion to Reopen Case, #1 Complaint, by Discount Tire and Auto Service, Inc., J.C. Holding Corp.. (Diaz Cofino, Michelle) |
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Filing 18
PAPERLESS ORDER granting #17 Defendants Tire and Auto Service, Inc. and J.C. Holding Corp.'s Second Unopposed Motion for Enlargement of Time to Respond to Complaint. Defendants shall file a response to the #1 Complaint on or before April 14, 2023. Signed by Judge Darrin P. Gayles on 4/7/2023. (mja)
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| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 13 Order on Motion to Reopen Case, #1 Complaint, by Discount Tire and Auto Service, Inc., J.C. Holding Corp.. (Diaz Cofino, Michelle) |
| Filing 16 NOTICE of Attorney Appearance by Michelle Diaz Cofino on behalf of Discount Tire and Auto Service, Inc., J.C. Holding Corp. (Diaz Cofino, Michelle) |
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Filing 15
PAPERLESS ORDER granting #14 Defendants Tire and Auto Service, Inc. and J.C. Holding Corp.'s Unopposed Motion for Enlargement of Time to Respond to Complaint. Defendants shall file a response to the #1 Complaint on or before April 7, 2023. Signed by Judge Darrin P. Gayles on 4/4/2023. (mja)
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| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 13 Order on Motion to Reopen Case, #1 Complaint, by Discount Tire and Auto Service, Inc., J.C. Holding Corp.. Attorney Michelle Diaz Cofino added to party Discount Tire and Auto Service, Inc.(pty:dft), Attorney Michelle Diaz Cofino added to party J.C. Holding Corp.(pty:dft). (Diaz Cofino, Michelle) |
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Filing 13
PAPERLESS ORDER granting #12 Plaintiff's Motion to Reopen Case. The Court's March 31, 2023 Order dismissing the action is hereby VACATED. On or before April 7, 2023, Plaintiff shall move for an entry of default by the Clerk. Signed by Judge Darrin P. Gayles on 4/3/2023. (mja)
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| Filing 12 Plaintiff's MOTION to Reopen Case by Renzo Barberi. (Attachments: #1 Exhibit A: E-mail, #2 Text of Proposed Order)(Stern, Ronald) |
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Filing 11
VACATED per DE# 13 , PAPERLESS ORDER dismissing case without prejudice. On March 22, 2023, the Court ordered Plaintiff to move for an entry of default by the Clerk within five (5) days of its Order, on or before March 27, 2023, as to the Defendants. However, Plaintiff failed to do so. Accordingly, the action is DISMISSED WITHOUT PREJUDICE for failing to seek a Clerk's default. This case is CLOSED. Any pending motions are denied as moot. Signed by Judge Darrin P. Gayles on 3/31/2023. (mja) Modified text on 4/3/2023 (jas).
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Filing 10
NOTICE OF COURT PRACTICE ON DEFAULT PROCEDURE. Plaintiff effectuated service of the summons and complaint on Defendants on February 28, 2023. ECF Nos. #8 , #9 . Defendants, however, have 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 defendants. 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 3/22/2023. (mja)
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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 Renzo Barberi. J.C. Holding Corp. served on 2/28/2023, response/answer due 3/21/2023. (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 Renzo Barberi. Discount Tire and Auto Service, Inc. served on 2/28/2023, response/answer due 3/21/2023. (Stern, Ronald) |
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Filing 7
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 2/23/2023. (mja)
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| Filing 6 CLERK'S NOTICE re: DE 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 conflict s 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 t o, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 2/23/2023. (pes) |
| 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 on 2/23/2023. (mja) Modified text on 2/23/2023 (pes). |
| Filing 4 NOTICE of Attorney Appearance by Ronnette Gleizer on behalf of Renzo Barberi. Attorney Ronnette Gleizer added to party Renzo Barberi(pty:pla). (Gleizer, Ronnette) |
| Filing 3 Summons Issued as to DISCOUNT TIRE AND AUTO SERVICE INC., J. C. HOLDING CORP. (rbe) |
| 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) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16358224, filed by Renzo Barberi. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Stern, Ronald) |
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