Espinoza v. ZV NY, Inc.
| Alejandro Espinoza |
| ZV NY, Inc. a Foreign Profit Corporation doing business as ZADIG & VOLTAIRE |
| 1:2023cv21616 |
| May 1, 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 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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Filing 16
PAPERLESS ORDER dismissing case with prejudice pursuant to Plaintiff's #15 Amended Notice of Voluntary Dismissal with Prejudice. Any pending motions are denied as moot. This case is CLOSED. Signed by Judge Darrin P. Gayles on 6/26/2023. (mja)
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| Filing 15 NOTICE of Voluntary Dismissal With Prejudice (AMENDED) by Alejandro Espinoza (Mendez, Diego) |
| Filing 14 NOTICE of Voluntary Dismissal with Prejudice by Alejandro Espinoza (Mendez, Diego) |
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Filing 13
PAPERLESS ORDER granting #12 Plaintiff's Second Agreed Motion for Extension of Time to File Motion for Final Default Judgment. On or before June 27, 2023, Plaintiff shall comply with the Court's May 24, 2023 Order. Signed by Judge Darrin P. Gayles on 6/20/2023. (mja)
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| Filing 12 Agreed MOTION for Extension of Time SECOND AGREED MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR FINAL DEFAULT JUDGMENT (DE 7) re 7 Order,,, by Alejandro Espinoza. Responses due by 6/30/2023 (Mendez, Diego) |
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Filing 11
PAPERLESS ORDER granting #10 Plaintiff's Motion for Extension of Time to File Motion for Final Default Judgment. On or before June 16, 2023, Plaintiff shall comply with the Court's May 24, 2023 Order. Signed by Judge Darrin P. Gayles on 6/5/2023. (mja)
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| Filing 10 MOTION for Extension of Time TO FILE MOTION FOR FINAL DEFAULT JUDGMENT re 7 Order,,, by Alejandro Espinoza. Responses due by 6/20/2023 (Attachments: #1 Exhibit Email from Undersigned)(Mendez, Diego) |
| Filing 9 Clerk's Entry of Default as to ZV NY, INC., a Foreign Profit Corporation D/B/A ZADIG & VOLTAIRE; Granting #8 Motion for Clerk's Entry of Default. Signed by DEPUTY CLERK on 5/25/2023. (scn) |
| Filing 8 MOTION for Clerk's Entry of Default as to ZV NY, Inc. by Alejandro Espinoza. (Mendez, Diego) |
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Filing 7
ORDER ON DEFAULT PROCEDURE. Plaintiff effectuated service of the summons and complaint on Defendant on May 2, 2023, [ECF No. 6]. Defendant, however, has 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 defendant. 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 5/24/2023. (mja)
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| 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 Alejandro Espinoza. ZV NY, Inc. served on 5/2/2023, response/answer due 5/23/2023. (Mendez, Diego) |
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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 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 on 5/1/2023. (mja)
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| 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 5/1/2023. (mja) |
| Filing 3 Summons Issued as to ZV NY, Inc. (nwn) |
| 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. (nwn) |
| Filing 1 COMPLAINT against ZV NY, Inc.. Filing fees $ 402.00 receipt number AFLSDC-16581885, filed by Alejandro Espinoza. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Expert Certification, #3 Exhibit Expert CV, #4 Summon(s) Proposed Summons)(Mendez, Diego) |
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| Plaintiff: Alejandro Espinoza | |
| Represented By: | Richard John Adams, Jr. |
| Represented By: | Diego German Mendez |
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| Defendant: ZV NY, Inc. a Foreign Profit Corporation doing business as ZADIG & VOLTAIRE | |
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