Espinoza v. Skechers U.S.A., Inc.
Plaintiff: Alejandro Espinoza
Defendant: Skechers U.S.A., Inc. doing business as Skechers and Skechers U.S.A., Inc. a Foreign For Profit Corporation doing business as Skechers
Case Number: 1:2023cv22417
Filed: June 28, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
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: Plaintiff
Docket Report

This docket was last retrieved on August 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 21, 2023 Filing 12 Defendant's MOTION TO DISMISS #10 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Skechers U.S.A., Inc.. Responses due by 9/5/2023 (Thompson, Tre'Ana)
August 10, 2023 Opinion or Order Filing 11 PAPERLESS ORDER denying as moot #9 Defendant's Motion to Dismiss in light of #10 Plaintiff's First Amended Complaint. Signed by Judge Darrin P. Gayles on 8/10/2023. (nce)
August 7, 2023 Filing 10 AMENDED COMPLAINT against Skechers U.S.A., Inc., filed by Alejandro Espinoza.(Mendez, Diego)
July 24, 2023 Filing 9 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Skechers U.S.A., Inc.. Responses due by 8/7/2023 (Thompson, Tre'Ana)
July 17, 2023 Filing 8 NOTICE of Attorney Appearance by Justin B. Levine on behalf of Skechers U.S.A., Inc.. Attorney Justin B. Levine added to party Skechers U.S.A., Inc.(pty:dft). (Levine, Justin)
July 17, 2023 Filing 7 NOTICE of Compliance / Defendant's Report by Skechers U.S.A., Inc. re 5 Notice of Court Practice/to Appear/Other,,,,,. Attorney Tre'Ana Lynnae Thompson added to party Skechers U.S.A., Inc.(pty:dft). (Thompson, Tre'Ana)
July 5, 2023 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. Skechers U.S.A., Inc. served on 7/3/2023, response/answer due 7/24/2023. (Mendez, Diego)
July 4, 2023 Opinion or Order 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 attorneys 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 7/4/2023. (nce)
July 4, 2023 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 7/4/2023. (nce)
June 29, 2023 Filing 3 Summons Issued as to Skechers U.S.A., Inc.. (nan)
June 28, 2023 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. (nan)
June 28, 2023 Filing 1 COMPLAINT against Skechers U.S.A., Inc.. Filing fees $ 402.00 receipt number AFLSDC-16728228, 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: Diego German Mendez
Represented By: Richard John Adams, Jr.
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Defendant: Skechers U.S.A., Inc. doing business as Skechers
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Defendant: Skechers U.S.A., Inc. a Foreign For Profit Corporation doing business as Skechers
Represented By: Justin B. Levine
Represented By: Tre'Ana Lynnae Thompson
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