Lucius v. Franca Leons Investment Corporation, et al
| Windy Lucius |
| Franca Leons Investment Corporation, doing business as d/b/a Oxxo Care Cleaners and International Cleaners, Corp |
| 1:2024cv20054 |
| January 5, 2024 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Jacqueline Becerra-MJ |
| 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 February 8, 2024. A more recent docket listing may be available from PACER.
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Filing 18
ORDER Administratively Closing Case. All pending deadlines and hearings are TERMINATED, and any pending motions are DENIED as moot. Signed by Judge Roy K. Altman on 2/8/2024. See attached document for full details. (kpe)
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| Filing 17 NOTICE of Settlement by Windy Lucius (Cunningham, Juan) |
| Filing 16 NOTICE of Attorney Appearance by Robin I. Frank on behalf of International Cleaners, Corp. Attorney Robin I. Frank added to party International Cleaners, Corp(pty:dft). (Frank, Robin) |
| Filing 15 AMENDED ANSWER and Affirmative Defenses to Complaint by International Cleaners, Corp. (Padula, Stephen) |
| Filing 14 NOTICE of Attorney Appearance by Stephen Joseph Padula on behalf of International Cleaners, Corp (Padula, Stephen) |
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Filing 13
PAPERLESS ORDER denying as moot #11 the Defendant Franca Leon's Investment Corporation's Motion for Extension of Time to Respond to Complaint (the "Motion"). On January 30, 2024, the Defendants (Franca Leon's and International Cleaners Corporation) filed an Answer and Affirmative Defenses #10 . Franca Leon's tells us that the "Plaintiff served [his] Complaint on January 9, 2024; and a response was required by January 26, 2024." Motion at 1. But 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. The Defendants' responses, therefore, were due on January 30, 2024 -- and thus the joint Answer was timely. To the extent Franca Leon's is requesting an extension of time to file a motion to dismiss under 12(b)(6), the Motion is denied: "Under the unambiguous, mandatory language of Rule 12(b), a motion to dismiss must be made before an answer is filed." Brisk v. City of Miami Beach, Fla., 709 F. Supp. 1146, 1147 (S.D. Fla. 1989) (Nesbitt, J.). Signed by Judge Roy K. Altman on 2/1/2024. (lcr)
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Filing 12
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES: The parties are directed to prepare and file a joint scheduling report, as required by S.D. Fla. L.R. 16.1(b)(2), by February 8, 2024. In addition, by February 8, 2024, the parties, including governmental parties, must file certificates of interested parties and corporate disclosure statements. Signed by Judge Roy K. Altman on 1/31/2024. See attached document for full details. (wce)
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| Filing 11 First MOTION for Extension of Time 20 days to respond to the Complaint re #1 Complaint, by Franca Leons Investment Corporation,. Attorney Cesar Rafael Sordo added to party Franca Leons Investment Corporation,(pty:dft). Responses due by 2/14/2024. (Sordo, Cesar) |
| Filing 10 Defendants' ANSWER and Affirmative Defenses to Complaint by Franca Leons Investment Corporation,, International Cleaners, Corp. Attorney Stephen Joseph Padula added to party Franca Leons Investment Corporation,(pty:dft), Attorney Stephen Joseph Padula added to party International Cleaners, Corp(pty:dft). (Padula, Stephen) |
| 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 Windy Lucius. Franca Leons Investment Corporation, served on 1/9/2024, response/answer due 1/30/2024. (Cunningham, Juan) |
| Filing 8 NOTICE filing Verified Affidavit Supporting Plaintiffs Standing by Windy Lucius re #5 Order, (Attachments: #1 Exhibit A-Affidavit) (Cunningham, Juan) |
| Filing 7 CERTIFICATE of Counsel re #5 Order, by Juan Courtney Cunningham on behalf of Windy Lucius (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 Windy Lucius. International Cleaners, Corp served on 1/9/2024, response/answer due 1/30/2024. (Cunningham, Juan) |
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Filing 5
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 1/8/2024. See attached document for full details. (caw)
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Filing 4
ORDER IN CASES WITH MULTIPLE DEFENDANTS. Signed by Judge Roy K. Altman on 1/8/2024. See attached document for full details. (caw)
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| Filing 3 Summons Issued as to Franca Leons Investment Corporation, and International Cleaners, Corp. (caw) |
| Filing 2 Clerk's Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (caw) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17193070, filed by Windy Lucius. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Franca Leons, #3 Summon(s) International Cleaners)(Cunningham, Juan) |
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