Lucius v. Komma Tea FL, Inc,
| Windy Lucius |
| Komma Tea FL, Inc, doing business as d/b/a Komma Tea |
| 1:2023cv23260 |
| August 25, 2023 |
| US District Court for the Southern District of Florida |
| Lisette M Reid |
| Kathleen M Williams |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12182 Americans with Disabilities Act |
| None |
Docket Report
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This docket was last retrieved on October 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 9
PAPERLESS ORDER. THIS MATTER is before the Court on the notice indicating that the Parties have reached a settlement of this matter. (DE #8 .) Accordingly, it is ORDERED AND ADJUDGED that on or before November 9, 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, if any, are DENIED AS MOOT. This case is CLOSED for administrative purposes. The Court's Order Directing Clerk to Enter Default (DE 7) is SET ASIDE. Signed by Judge Kathleen M. Williams on 10/10/2023. (rm04)
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| Filing 8 NOTICE of Settlement by Windy Lucius (Cunningham, Juan) |
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Filing 7
PAPERLESS ORDER Directing Clerk to Enter Default. On September 12, 2023, Plaintiff filed proof of service alleging service on Defendant Komma Tea FL, Inc, ("Defendant") on September 11, 2023, making its answer to the Complaint due on or before October 2, 2023. (DE #6 .) To date, Defendant has not appeared or filed a responsive pleading to the Complaint. The Federal Rules of Civil Procedure provide that the Clerk must enter default against a defendant who has failed to plead or otherwise defend. Accordingly, it is ORDERED AND ADJUDGED that the Clerk is directed to ENTER DEFAULT against Defendant.On or before November 9, 2023, Plaintiff shall file a motion for final default judgment against Defendant and serve it in accordance with Rule 55(b)(2) of the Federal Rules of Civil Procedure. The motion shall be accompanied by a proposed default final judgment order setting forth the sum certain owed as money damages and the sum certain sought for attorneys' fees and costs supported by sufficient evidence, through affidavits or otherwise, to establish the basis for damages and other relief sought in the pleadings. The motion shall also reference specific legal authority establishing Plaintiff's entitlement to the relief sought and demonstrating that service was proper. Signed by Judge Kathleen M. Williams on 10/10/2023. (rm04)
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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 Windy Lucius. Komma Tea FL, Inc, served on 9/11/2023, response/answer due 10/2/2023. (Cunningham, Juan) |
| Filing 5 CERTIFICATE of Counsel re #4 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, by Juan Courtney Cunningham on behalf of Windy Lucius (Cunningham, Juan) |
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Lisette M. Reid for Pretrial Non-Dispositive Matters. Notice of Court Practices in ADA Cases. Signed by Judge Kathleen M. Williams on 9/5/2023. See attached document for full details. (amb)
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| Filing 3 Summons Issued as to Komma Tea FL, Inc,. (pc) |
| 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. (pc) |
| Filing 1 COMPLAINT against Komma Tea FL, Inc,. Filing fees $ 402.00 receipt number AFLSDC-16872089, filed by Windy Lucius. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Cunningham, Juan) |
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| Plaintiff: Windy Lucius | |
| Represented By: | Juan Courtney Cunningham |
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| Defendant: Komma Tea FL, Inc, doing business as d/b/a Komma Tea | |
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