Brito v. ERT 163RD STREET MALL, LLC et al
| Carlos Brito |
| ERT 163RD STREET MALL, LLC, MEGA FURNITURE LLC and ROSS DRESS FOR LESS INC. |
| 1:2023cv21802 |
| May 12, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12182 Americans with Disabilities Act |
| None |
Docket Report
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This docket was last retrieved on June 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 REPORT REGARDING ADA Remediation (ECF 5) by MEGA FURNITURE LLC (Ershock, Alex) |
| Filing 24 ANSWER to Complaint by MEGA FURNITURE LLC. (Ershock, Alex) |
| Filing 23 CLERK'S NOTICE - Attorney Admissions has updated the address information for attorney Beth Hilary Storper Joseph re #21 Notice of Change of Address, Email or Law Firm Name. (cw) |
| Filing 22 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Beth Hilary Storper Joseph re #21 Notice of Change of Address, Email or Law Firm Name. Attorney Beth Hilary Storper Joseph has not completed the required procedures for updating their information with the Court. After filing something in any pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Set/Reset Response/Answer Due Deadline per DE 20 Order. ERT 163RD STREET MALL, LLC response/answer due 7/18/2023. (amb) |
| Filing 21 NOTICE of Change of Address, Email or Law Firm Name by Beth Hilary Storper Joseph (Storper Joseph, Beth) |
Filing 20
PAPERLESS ORDER granting #19 Motion for Extension of Time. Defendant ERT 163rd Street Mall, LLC shall respond to Plaintiff's Complaint and to the Court's Notice of Court Practice in ADA Matters on or before July 18, 2023. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by ERT 163RD STREET MALL, LLC. (Attachments: #1 Text of Proposed Order)(Storper Joseph, Beth) |
| Filing 18 ANSWER and Affirmative Defenses to Complaint by ROSS DRESS FOR LESS INC.. (Wilson, Courtney) |
| Filing 17 NOTICE of Attorney Appearance by Alex Brandon Claude Ershock on behalf of MEGA FURNITURE LLC. Attorney Alex Brandon Claude Ershock added to party MEGA FURNITURE LLC(pty:dft). (Ershock, Alex) |
| Filing 16 NOTICE of Attorney Appearance by Robin I. Frank on behalf of MEGA FURNITURE LLC. Attorney Robin I. Frank added to party MEGA FURNITURE LLC(pty:dft). (Frank, Robin) |
| Filing 15 NOTICE of Attorney Appearance by Daniel R. Levine on behalf of MEGA FURNITURE LLC. Attorney Daniel R. Levine added to party MEGA FURNITURE LLC(pty:dft). (Levine, Daniel) |
| Set/Reset Response/Answer Due Deadline: ERT 163RD STREET MALL, LLC response/answer due 6/28/2023. Per DE 14 Order. (ebz) |
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Filing 14
PAPERLESS ORDER granting #13 Motion for Extension of Time. Defendant shall respond to Plaintiff's Complaint and to the Court's Notice of Court Practice in ADA Matters on or before June 28, 2023. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 5 Notice of Court Practice/to Appear/Other,,,,, #1 Complaint, by ERT 163RD STREET MALL, LLC. Attorney Beth Hilary Storper Joseph added to party ERT 163RD STREET MALL, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Storper Joseph, Beth) |
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Filing 12
PAPERLESS ORDER granting #10 Motion for Extension of Time. Defendant shall respond to the Complaint on or before June 27, 2023. Signed by Judge Darrin P. Gayles (hs01)
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| Set/Reset Response/Answer Due Deadline: ROSS DRESS FOR LESS INC. response/answer due 6/27/2023. Per DE 12 Order. (ebz) |
| Filing 11 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by ROSS DRESS FOR LESS INC. (Wilson, Courtney) |
| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by ROSS DRESS FOR LESS INC.. Attorney Courtney Blair Wilson added to party ROSS DRESS FOR LESS INC.(pty:dft). (Attachments: #1 Text of Proposed Order)(Wilson, Courtney) |
| 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 Carlos Brito. MEGA FURNITURE LLC served on 5/31/2023, response/answer due 6/21/2023. (Perez, Anthony) |
| Filing 8 Certificate of Other Affiliates by Carlos Brito identifying Other Affiliate William Brown, Other Affiliate Pablo Baez, Other Affiliate James M. Taylor, Other Affiliate Angela Aman, Other Affiliate Steven Siegel, Other Affiliate Mark Horgan, Other Affiliate Carolyn Singh, Other Affiliate Brian Finnegan, Other Affiliate John Hendrickson, Other Affiliate Matthew Ryan, Other Affiliate David Vender, Other Affiliate Matthew Berger, Other Affiliate Steven Gallagher, Other Affiliate Haig Buchakjian, Other Affiliate Barry Rodenstein, Other Affiliate David Gerstenhaber, Other Affiliate Steven Kaufman, Other Affiliate Stacy Slater, Other Affiliate Helane Stein, Other Affiliate Kristen Moore, Other Affiliate Ryan Guheen, Other Affiliate Tonya Creekmore, Other Affiliate Jason White, Other Affiliate James Pippis, Other Affiliate Kevin Brydzinski, Other Affiliate Patrick Bennison, Other Affiliate Jeff Bell, Other Affiliate Stephen Trommsdorff, Other Affiliate Carlos A. Vera, Other Affiliate Anthony M. Vera, Other Affiliate Irene Zepeda, Other Affiliate Jesus Santiago Vera, Other Affiliate Michael David Vera Jr., Other Affiliate Michael Hartshorn, Other Affiliate Ken Jew, Other Affiliate Gregg McGillis, Other Affiliate Adam Orvos for Carlos Brito (Perez, Anthony) |
| 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 Carlos Brito. ROSS DRESS FOR LESS INC. served on 5/17/2023, response/answer due 6/7/2023. (Perez, Anthony) |
| 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 Carlos Brito. ERT 163RD STREET MALL, LLC served on 5/17/2023, response/answer due 6/7/2023. (Perez, Anthony) |
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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 (hs01)
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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 (hs01) |
| Filing 3 Summons Issued as to ERT 163RD STREET MALL, LLC, MEGA FURNITURE LLC, ROSS DRESS FOR LESS 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 ERT 163RD STREET MALL, LLC, MEGA FURNITURE LLC, ROSS DRESS FOR LESS INC.. Filing fees $ 402.00 receipt number AFLSDC-16615858, filed by Carlos Brito. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Perez, Anthony) |
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