Brito v. Centennial Westland Mall Partners, LLC et al
| Carlos Brito |
| CENTENNIAL WESTLAND MALL PARTNERS, LLC, PAN.COM SANDWICHERIA, INC, U.S. RETAIL STORES HIALEAH LLC, BRINKER FLORIDA, INC., LOS RANCHOS AT WESTLAND MALL, LLC, VITAFOODS ENTERPRISES III, INC., SUNSHINE RESTAURANT MERGER SUB, LLC and Pan.Com Sandwichera, Inc. |
| 1:2023cv21804 |
| May 12, 2023 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Lisette M Reid |
| 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 July 10, 2023. A more recent docket listing may be available from PACER.
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Filing 48
ORDER ON DEFAULT FINAL JUDGMENT PROCEDURE AS TO CERTAIN DEFENDANTS. Miscellaneous Deadline by 7/21/2023 to file either a Motion for Default Final Judgment or Notice of Joint Liability. Signed by Judge Roy K. Altman on 7/10/2023. See attached document for full details. (caw)
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| Filing 47 Clerk's Entry of Default as to Los Ranchos At Westland Mall, LLC, Sunshine Restaurant Merger Sub, LLC, Pan.Com Sandwichera, Inc.. Signed by DEPUTY CLERK on 7/7/2023. (jas) |
| Filing 46 Plaintiff's MOTION for Clerk's Entry of Default as to Pan.Com Sandwichera, Inc. by Carlos Brito. (Attachments: #1 Affidavit, #2 Exhibit A)(Perez, Anthony) |
| Filing 45 Plaintiff's MOTION for Clerk's Entry of Default as to Sunshine Restaurant Merger Sub, LLC by Carlos Brito. (Attachments: #1 Affidavit, #2 Exhibit A)(Perez, Anthony) |
| Filing 44 Plaintiff's MOTION for Clerk's Entry of Default as to Los Ranchos At Westland Mall, LLC by Carlos Brito. (Attachments: #1 Affidavit, #2 Exhibit A)(Perez, Anthony) |
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Filing 43
PAPERLESS ORDER STRIKING #42 the Defendant's Notice of Unavailability. Notices of unavailability are not proper filings in federal court. If a conflict arises, counsel should confer with opposing counsel and file a motion for a continuance. See, e.g., Ibezim v. GEO Grp., Inc., 2019 WL 1566507, at *2 (S.D. Fla. Mar. 15, 2019) (Marra, J.) (recognizing that notices of unavailability "have no effect in federal court" (citing S.D. Fla. L.R. 7.1(b)(1))), affd, 786 F. App'x 975 (11th Cir. 2019). Signed by Judge Roy K. Altman on 7/6/2023. (lcr)
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| Filing 42 STRICKEN NOTICE OF UNAVAILABILITY by Centennial Westland Mall Partners, LLC for dates of August 2, 2023 through August 15, 2023 (Rodriguez, Carmen) Modified on 7/7/2023 per DE 43 Order (kpe). |
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Filing 41
PAPERLESS ORDER granting #40 Motion to Continue Status Conference. The Status Conference is set for August 1, 2023, at 4:00 PM before Judge Roy K. Altman. The parties shall appear via Zoom. The Meeting ID is 160 7688 8099 and the passcode is 183310. Signed by Judge Roy K. Altman on 7/6/2023. (lcr)
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| Filing 40 Unopposed MOTION to Continue STATUS CONFERENCE re #21 Order Setting Status Conference by Carlos Brito. Responses due by 7/20/2023 (Attachments: #1 Text of Proposed Order)(Perez, Anthony) |
| Filing 39 NOTICE of Attorney Appearance by Leonor Maria Lagomasino on behalf of U.S. Retail Stores Hialeah LLC. Attorney Leonor Maria Lagomasino added to party U.S. Retail Stores Hialeah LLC(pty:dft). (Lagomasino, Leonor) |
| Filing 38 Clerk's Notice of Docket Correction re 36 Order Last sentence of Order in Docket Text Modified per chambers by Clerk. See updated modification to Order. (mf) |
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Filing 36
PAPERLESS ORDER. The Plaintiff filed Proof of Service showing that he served the Defendant, Sunshine Restaurant Merger Sub, LLC, on May 19, 2023. The Plaintiff filed Proof of Service showing that he served the Defendant, Pan.Com Sandwicheria, Inc., on May 26, 2023. Finally, the Plaintiff filed Proof of Service showing that he served the Defendant, Los Ranchos at Westland Mall, LLC, on June 7, 2023. See Proof of Service Affidavits #8 , #12 , #16 . Rule 12 of the Federal Rules of Civil Procedure provides that a defendant must serve an answer within 21 days after being served with the summons and complaint. In our Order in Cases with Multiple Defendants #11 , we stated that the co-Defendants may file separate answers to the complaint, but that the time for responsive pleadings -- for all Defendants -- begins to run when the last Defendant is served. The last Defendant, Los Ranchos, was served on June 7. The Defendants' answers to the Complaint, therefore, were due on June 28. This deadline has passed, and not one of the Defendants above has responded to the Complaint, requested an extension of time, or otherwise appeared in the case at all. See generally Docket. So, by July 10, 2023, the Plaintiff must move for Clerks Entry of Default as to these Defendants. Signed by Judge Roy K. Altman on 6/30/2023. (lcr) Text modified per chambers on 7/5/2023 (mf).
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| Filing 35 STIPULATION of Dismissal as to Defendant VITAFOODS ENTERPRISES III, INC. by Carlos Brito (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Perez, Anthony) |
| Filing 34 NOTICE of Striking #33 Stipulation of Dismissal filed by Carlos Brito by Carlos Brito (Perez, Anthony) |
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Filing 37
ORDER DISMISSING WITH PREJUDICE, Defendant VitaFoods Enterprises, III. Signed by Judge Roy K. Altman on 6/29/2023. See attached document for full details. (caw)
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| Filing 33 STRICKEN per DE#34 , STIPULATION of Dismissal With Prejudice as to Defendant, VITAFOODS ENTERPRISES III, INC. by Carlos Brito (Attachments: #1 Exhibit)(Perez, Anthony) Modified text on 6/30/2023 (jas). |
| Filing 32 NOTICE of Striking #31 Stipulation filed by Carlos Brito, #30 Stipulation of Dismissal filed by Carlos Brito by Carlos Brito (Perez, Anthony) |
| Filing 31 STRICKEN per DE#32 , STIPULATION re #30 Stipulation of Dismissal STIPULATION OF SETTLEMENT as to Defendant VITAFOODS ENTERPRISES III, INC. by Carlos Brito (Perez, Anthony) Modified text on 6/30/2023 (jas). |
| Filing 30 STIPULATION of Dismissal as to Defendant VITAFOODS ENTERPRISES III, INC. by Carlos Brito (Perez, Anthony) |
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Filing 29
ORDER on #23 Notice of Settlement. The Plaintiff and Defendant VitaFoods Enterprises III, Inc., shall file a stipulation of dismissal by July 25, 2023. Signed by Judge Roy K. Altman on 6/28/2023. See attached document for full details. (kpe)
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| Filing 28 NOTICE of Attorney Appearance by Lin J Wagner on behalf of Brinker Florida, Inc.. Attorney Lin J Wagner added to party Brinker Florida, Inc.(pty:dft). (Wagner, Lin) |
| Filing 27 Corporate Disclosure Statement by Brinker Florida, Inc. identifying Other Affiliate Brinker Restaurant Corporation, Other Affiliate Brinker International, Inc. for Brinker Florida, Inc. (Paindiris, Tasos) |
| Filing 26 ANSWER and Affirmative Defenses to Complaint by Brinker Florida, Inc.. Attorney Tasos C. Paindiris added to party Brinker Florida, Inc.(pty:dft). (Paindiris, Tasos) |
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Filing 25
PAPERLESS ORDER vacating #24 . Signed by Judge Roy K. Altman on 6/28/2023. (lcr)
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| Case Reopened Per Chambers - See ECF No. 25 PAPERLESS ORDER vacating #24 . Only Defendant VITAFOODS is dismissed. (sk) |
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Filing 24
VACATED per DE# 25 , ORDER ADMINISTRATIVELY CLOSING CASE. Signed by Judge Roy K. Altman on 6/27/2023. See attached document for full details. (caw) Modified text on 6/28/2023 (jas).
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| Filing 23 NOTICE of Settlement Joint Notice of Settlement by VitaFoods Enterprises III, Inc.. Attorney Linda J. Ehrlich added to party VitaFoods Enterprises III, Inc.(pty:dft). (Ehrlich, Linda) |
| Filing 22 ANSWER and Affirmative Defenses to Complaint by Centennial Westland Mall Partners, LLC. (Rodriguez, Carmen) |
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Filing 21
ORDER SCHEDULING VIDEO STATUS CONFERENCES: STATUS CONFERENCE set for 7/6/2023 at 02:00 PM before Judge Roy K. Altman. Signed by Judge Roy K. Altman on 6/21/2023. See attached document for full details. (caw)
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| Filing 20 RESPONSE TO ORDER TO SHOW CAUSE re 19 Order,,,, by Carlos Brito. (Perez, Anthony) |
| Set Deadlines Per DE#19. Show Cause Response due by 6/21/2023. (cqs) |
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Filing 19
PAPERLESS ORDER TO SHOW CAUSE. On May 26, 2023, we issued our Order Requiring Verified Certificate of Counsel Regarding Any Prior Filings Under the Americans with Disabilities Act and Verified Affidavit Regarding Visits to Property [ECF No. 10] (the Order), requiring the Plaintiff to file a Verified Response to the Order. As of this writing, however, the Plaintiff has filed no Verified Response. See generally Docket. Accordingly, we hereby ORDER that, by June 21, 2023, the Plaintiff shall a Verified Response, indicating whether counsel has conducted a search of case filings in the records of the Clerk of the United States District Court for the Southern District of Florida to ascertain whether the Defendants or the Defendants' property has ever been sued prior to the filing of this suit for any alleged violations of the ADA. Failure to comply with this Order may result in sanctions, including dismissal without further notice. Signed by Judge Roy K. Altman on 6/16/2023. (lcr)
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| Filing 18 AFFIDAVIT signed by: Carlos Brito re #17 Certificate of Counsel by Carlos Brito (Perez, Anthony) |
| Filing 17 CERTIFICATE of Counsel re #10 Order, by Anthony Joseph Perez on behalf of Carlos Brito (Perez, Anthony) |
| Filing 16 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. Los Ranchos At Westland Mall, LLC served on 6/7/2023, response/answer due 6/28/2023. (Perez, Anthony) |
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Filing 15
PAPERLESS ORDER denying as moot #14 the Motion for Extension of Time. Our Order in Cases with Multiple Defendants [ECF No. 11] provides that the "time for responsive pleadings -- for all Defendants -- begins to run when the last Defendant is served." Only two of the seven Defendants in this case have been served, so the time for responsive pleadings has not yet begun to run. Signed by Judge Roy K. Altman on 6/6/2023. (ema)
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| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by Centennial Westland Mall Partners, LLC. Attorney Carmen Maria Rodriguez added to party Centennial Westland Mall Partners, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Rodriguez, Carmen) |
| Filing 13 Defendant U.S. Retail Stores Hialeah LLC's ANSWER and Affirmative Defenses to Complaint by U.S. Retail Stores Hialeah LLC. Attorney Eric Robert Thompson added to party U.S. Retail Stores Hialeah LLC(pty:dft). (Thompson, Eric) |
| Filing 12 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. Pan.Com Sandwichera, Inc. served on 5/26/2023, response/answer due 6/16/2023. (Perez, Anthony) |
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Filing 11
ORDER IN CASES WITH MULTIPLE DEFENDANTS. Signed by Judge Roy K. Altman on 5/26/2023. See attached document for full details. (jas)
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Filing 10
ORDER REQUIRING VERIFIED CERTIFICATE OF COUNSEL REGARDING ANY PRIOR FILINGS UNDER THE AMERICANS WITH DISABILITIES ACT AND VERIFIED AFFIDAVIT REGARDING VISITS TO PROPERTY. Signed by Judge Roy K. Altman on 5/26/2023. See attached document for full details. (jas)
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| Filing 9 Certificate of Other Affiliates by Carlos Brito identifying Other Affiliate Pablo Baez, Other Affiliate Jaeger Karl, Other Affiliate John Salvaggio, Other Affiliate Steven Levin, Other Affiliate Whitney Livingston Bean, Other Affiliate Carl Tash, Other Affiliate Chris Baird, Other Affiliate Reiner Lazaro Mendez, Other Affiliate Roberto Agustin Riveron Rojas, Other Affiliate Christopher L. Green, Other Affiliate Daniel S. Fuller, Other Affiliate Rafael Wong, Other Affiliate Myrna Somoza, Other Affiliate Joseph Mansour, Other Affiliate Marcelo Montalvan, Other Affiliate Berna Montalvan for Carlos Brito (Perez, Anthony) |
| 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 Carlos Brito. Sunshine Restaurant Merger Sub, LLC served on 5/19/2023, response/answer due 6/9/2023. (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. Centennial Westland Mall Partners, LLC served on 5/19/2023, response/answer due 6/9/2023. (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. VitaFoods Enterprises III, Inc. served on 5/19/2023, response/answer due 6/9/2023. (Perez, Anthony) |
| 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 Carlos Brito. U.S. Retail Stores Hialeah LLC served on 5/17/2023, response/answer due 6/7/2023. (Perez, Anthony) |
| 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 Carlos Brito. BRINKER FLORIDA, INC. served on 5/17/2023, response/answer due 6/7/2023. (Perez, Anthony) |
| Filing 3 Summons Issued as to BRINKER FLORIDA, INC., CENTENNIAL WESTLAND MALL PARTNERS, LLC, LOS RANCHOS AT WESTLAND MALL, LLC, PAN.COM SANDWICHERIA, INC, SUNSHINE RESTAURANT MERGER SUB, LLC, U.S. RETAIL STORES HIALEAH LLC, VITAFOODS ENTERPRISES III, INC. (rbe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid. 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. (rbe) |
| Filing 1 COMPLAINT against BRINKER FLORIDA, INC., CENTENNIAL WESTLAND MALL PARTNERS, LLC, LOS RANCHOS AT WESTLAND MALL, LLC, PAN.COM SANDWICHERIA, INC, SUNSHINE RESTAURANT MERGER SUB, LLC, U.S. RETAIL STORES HIALEAH LLC, VITAFOODS ENTERPRISES III, INC.. Filing fees $ 402.00 receipt number AFLSDC-16615869, filed by Carlos Brito. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s), #7 Summon(s), #8 Summon(s))(Perez, Anthony) |
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