Pinero v. Lastra Service Station, Inc.
| Emilio Pinero |
| Lastra Service Station, Inc. |
| 1:2023cv21100 |
| March 21, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12182 Americans with Disabilities Act |
| None |
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Filing 12
PAPERLESS ORDER staying and administratively closing case in light of #10 Defendant's Court Ordered Report. Within sixty (60) days of the date of this Order, Defendant shall file with the Court a detailed remediation plan. Plaintiff shall have ten (10) days in which to object to Defendant's plan. If the Court determines that Defendant's remediation plan is reasonable, every ninety (90) days thereafter, Defendant shall confer with Plaintiff and file with the Court status reports regarding remediation. If requested, the Court may grant proportional discovery to verify Defendant's remediation of the ADA deficiencies outlined in the Complaint. After verification, the parties shall submit to the Court a proposed order of dismissal, which includes an injunction for future compliance and an award of reasonable attorney's fees and costs. All disputes will be resolved by the Court. If the parties fail to comply with this Order or if the Court finds that either party has not acted in good faith, the Court may impose sanctions, including, but not limited to, dismissal of this action. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 11 Joint MOTION for Extension of Time to File Parties' Joint Scheduling Report Pursuant to DE#9 re #9 Order Requiring Joint Scheduling Report,,,, by Emilio Pinero. Responses due by 5/22/2023 (Attachments: #1 Text of Proposed Order)(Wassenberg, Lauren) |
| Filing 10 REPORT REGARDING Document Number: 8 by Lastra Service Station, Inc. (Gastesi, Raul) |
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Filing 9
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before May 10, 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 See attached document for full details. (hs01)
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Filing 8
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: On or before May 8, 2023, 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 (hs01)
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| Filing 7 ANSWER and Affirmative Defenses to Complaint by Lastra Service Station, Inc.. Attorney Raul Gastesi, Jr added to party Lastra Service Station, Inc.(pty:dft). (Gastesi, Raul) |
| Filing 6 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Emilio Pinero (Goldstein, Glenn) |
| Filing 5 CERTIFICATE of Counsel RE Prior Filings Under the ADA by Glenn R Goldstein on behalf of Emilio Pinero (Goldstein, Glenn) |
| Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Emilio Pinero. Lastra Service Station, Inc. served on 3/24/2023, response/answer due 4/14/2023. (Goldstein, Glenn) |
| Filing 3 Summons Issued as to Lastra Service Station, Inc.. (jc) |
| 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jc) |
| Filing 1 COMPLAINT against LASTRA SERVICE STATION, INC.. Filing fees $ 402.00 receipt number AFLSDC-16452227, filed by Emilio Pinero. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Goldstein, Glenn) |
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| Plaintiff: Emilio Pinero | |
| Represented By: | Lauren Nicole Wassenberg |
| Represented By: | Glenn R Goldstein |
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| Defendant: Lastra Service Station, Inc. | |
| Represented By: | Raul Gastesi, Jr. |
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