Gonzalez v. The TJX Companies, Inc, et al
| Jesus Gonzalez |
| The TJX Companies, Inc, doing business as d/b/a Marshalls at 16051 S. Dixie Hwy, EYP South Dade, LLC, and The TJX Companies, Inc, doing business as Marshalls at 16051 S. Dixie Hwy |
| 1:2023cv23891 |
| October 11, 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. § 12182 Americans with Disabilities Act |
| None |
Docket Report
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Filing 15
PAPERLESS ORDER. THIS MATTER is before the Court on Defendant EYP South Dade, LLC's ("EYP") unopposed motion to set aside clerk's default and for extension of time to respond to complaint (DE #14 ) ("Motion"), filed on December 1, 2023. Upon review of the Motion, which is unopposed, and the record, it is ORDERED AND ADJUDGED that the Motion is GRANTED, and the Clerk's Entry of Default (DE #11 ) is SET ASIDE. Defendant EYP shall file a response to the Complaint on or before December 21, 2023. Signed by Judge Kathleen M. Williams on 12/5/2023. (bja)
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| Filing 14 Unopposed MOTION to Vacate #11 Clerk's Entry/Non-Entry of Default ( Responses due by 12/15/2023), Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by EYP South Dade, LLC,. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 - Registered Agent)(Velarde, Victor) |
| Filing 13 NOTICE of Attorney Appearance by Victor Mariano Velarde on behalf of EYP South Dade, LLC,. Attorney Victor Mariano Velarde added to party EYP South Dade, LLC,(pty:dft). (Velarde, Victor) |
| Filing 12 Clerk's NOTICE of Compliance re #11 Clerk's Entry/Non-Entry of Default, 10 Order Directing Clerk to Enter Default. (Clerk's Default entered against EYP South Dade, LLC.) (drz) |
| Filing 11 Set Aside per Order DE#15-Clerk's Entry of Default as to EYP South Dade, LLC. per Order Directing Clerk to Enter Default Re: 10 Order Directing Clerk to Enter Default. Signed by DEPUTY CLERK on 11/27/2023. (drz) Modified text on 12/5/2023 (drz). |
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Filing 10
PAPERLESS ORDER Directing Clerk to Enter Default. On October 24, 2023, Plaintiff filed proof of service alleging service on Defendant EYP South Dade, LLC on October 24, 2023 (DE #7 ), making Defendant EYP South Dade, LLC's answer to the Complaint due on or before November 14, 2023. To date, Defendant EYP South Dade, LLC has failed to appear or file 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. See Fed. R. Civ. P. 55. Accordingly, it is ORDERED AND ADJUDGED that the Clerk is directed to ENTER DEFAULT against Defendant EYP South Dade, LLC.On or before December 22, 2023, Plaintiff shall file a motion for final default judgment against Defendant EYP South Dade, LLC and serve it in accordance with Rule 55(b)(2) of the Federal Rules of Civil Procedure. The motion must 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 must 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 11/22/2023. (bja)
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Filing 9
PAPERLESS ORDER DISMISSING CERTAIN DEFENDANT. THIS MATTER is before the Court on Plaintiff's notice of voluntary dismissal. (DE #8 .) Upon review of the notice and the record, it is ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT PREJUDICE against Defendant The TJX Companies, Inc. Signed by Judge Kathleen M. Williams on 11/22/2023. (bja)
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| Filing 8 NOTICE of Voluntary Dismissal without prejudice of Defendant, THE TJX COMPANIES, INC., d/b/a Marshalls by Jesus Gonzalez (Cunningham, Juan) |
| 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 Jesus Gonzalez. EYP South Dade, LLC, served on 10/24/2023, response/answer due 11/14/2023. (Cunningham, Juan) |
| 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 Jesus Gonzalez. The TJX Companies, Inc, served on 10/20/2023, response/answer due 11/13/2023. (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 Jesus Gonzalez (Cunningham, Juan) |
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Filing 4
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES IN ADA CASES. Signed by Judge Kathleen M. Williams on 10/12/2023. See attached document for full details. (drz)
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| Filing 3 Summons Issued as to EYP South Dade, LLC and The TJX Companies, Inc. (wce) |
| 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. (wce) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16986867, filed by Jesus Gonzalez. (Attachments: #1 Text of Proposed Order, #2 Summon(s) TJX, #3 Summon(s) EYP)(Cunningham, Juan) |
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