Watson v. WESTCHESTER COOKIE CO LLC
Plaintiff: James Watson
Defendant: Westchester Cookie Co, LLC, doing business as d/b/a Midnight Cookies and Cream and WESTCHESTER COOKIE CO LLC doing business as Midnight Cookies and Cream
Case Number: 1:2023cv21519
Filed: April 21, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Lisette M Reid
Referring Judge: Kathleen M Williams
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 June 19, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 19, 2023 Opinion or Order Filing 17 PAPERLESS ORDER. THIS MATTER is before the Court on the notice indicating that the Parties have reached a settlement of this matter. (DE #16 .) Accordingly, it is ORDERED AND ADJUDGED that on or before July 17, 2023, Plaintiff shall file a notice of voluntary dismissal or the Parties shall file a joint stipulation of dismissal. See Fed. R. Civ. P. 41(a)(1). The dismissal of this matter is effective and self-executing upon the filing of either Plaintiff's notice of voluntary dismissal or the Parties' joint stipulation of dismissal. However, if the Parties wish for the Court to retain jurisdiction beyond the filing of the notice of voluntary dismissal or joint stipulation of dismissal, they are advised that they must file the settlement agreement for review and file a joint stipulation of dismissal that complies with 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 6/19/2023. (er01)
June 12, 2023 Filing 16 NOTICE of Settlement by James Watson (Cunningham, Juan)
June 2, 2023 Filing 15 Defendant's REPLY to Response to Motion re #11 Motion to Dismiss filed by WESTCHESTER COOKIE CO LLC. (Mena, Alexis)
May 26, 2023 Filing 14 RESPONSE in Opposition re #11 Motion to Dismiss filed by James Watson. Replies due by 6/2/2023. (Cunningham, Juan)
May 15, 2023 Opinion or Order Filing 13 PAPERLESS ORDER REFERRING Defendant's Motion to Dismiss (DE #11 ). THIS MATTER is before the Court sua sponte. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Defendant's Motion to Dismiss (DE #11 ) is REFERRED to United States Magistrate Judge Lisette M. Reid for a report and recommendation. Signed by Judge Kathleen M. Williams on 5/15/2023. (er01)
May 15, 2023 Filing 12 Clerk's Notice to Filer re #11 Motion to Dismiss. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (jc)
May 15, 2023 Filing 11 MOTION to Dismiss for Lack of Standing and/or for Failure to State A Claim by WESTCHESTER COOKIE CO LLC. (Mena, Alexis) Modified text and event on 5/15/2023 (jc).
May 15, 2023 Filing 10 NOTICE of Attorney Appearance by Alexis M. Mena on behalf of WESTCHESTER COOKIE CO LLC (Mena, Alexis)
May 15, 2023 Filing 9 NOTICE of Striking Defendants Notice of Appearance by WESTCHESTER COOKIE CO LLC (Mena, Alexis)
May 15, 2023 Filing 8 Clerk's Notice to Filer re #7 Notice of Attorney Appearance. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (cds)
May 12, 2023 Filing 7 (STRICKEN PER DE#9 ) NOTICE of Attorney Appearance by Alexis M. Mena on behalf of WESTCHESTER COOKIE CO LLC. Attorney Alexis M. Mena added to party WESTCHESTER COOKIE CO LLC(pty:dft). (Mena, Alexis) Modified Text on 5/15/2023 (cds).
April 28, 2023 Filing 6 CERTIFICATE of Counsel re #4 Notice of Court Practice/to Appear/Other,, Order Referring Case to Magistrate Judge, by Juan Courtney Cunningham on behalf of James Watson (Cunningham, Juan)
April 28, 2023 Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by James Watson. WESTCHESTER COOKIE CO LLC served on 4/25/2023, response/answer due 5/16/2023. (Cunningham, Juan)
April 24, 2023 Opinion or Order Filing 4 ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES IN ADA CASES, referring case to Magistrate Judge Lisette M. Reid for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 4/24/2023. See attached document for full details. (pcs)
April 24, 2023 Filing 3 Summons Issued as to WESTCHESTER COOKIE CO LLC. (nwn)
April 21, 2023 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)
April 21, 2023 Filing 1 COMPLAINT against Westchester Cookie Co, LLC,. Filing fees $ 402.00 receipt number AFLSDC-16561032, filed by James Watson. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Cunningham, Juan)

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Plaintiff: James Watson
Represented By: Juan Courtney Cunningham
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Defendant: Westchester Cookie Co, LLC, doing business as d/b/a Midnight Cookies and Cream
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Defendant: WESTCHESTER COOKIE CO LLC doing business as Midnight Cookies and Cream
Represented By: Alexis M. Mena
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