Espinoza v. Hardee's Restaurant, LLC
Plaintiff: Alejandro Espinoza
Defendant: Hardee's Restaurants LLC a Foreign Limited Liability Company doing business as Hardee's
Case Number: 1:2024cv23544
Filed: September 14, 2024
Court: US District Court for the Southern District of Florida
Presiding Judge: K Michael Moore
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12182 Americans with Disabilities Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 8, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2024 Opinion or Order Filing 9 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Second Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. #8 . Defendant requests a twenty-eight-day extension of time to respond to the Complaint. Id. On October 8, 2024, the Court granted Defendant's First Unopposed Motion for Extension of Time to Respond to Complaint, ordering a response to the Complaint on or before November 11, 2024. 7 . Now, Defendant requests additional time to respond to the Complaint to "complete investigation of the underlying facts... and allow the parties to continue conferring in good faith toward a potential conclusion of the entire case" and "afford the undersigned with the opportunity to communicate with Defendant toward securing an acceptable conclusion of the entire case." #8 at 1. While the Court encourages the Parties to pursue an out-of-court resolution in this case, the possibility of settlement is not good cause to unnecessarily delay litigation. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #8 is GRANTED IN PART. Defendants shall respond to the Complaint on or before November 25, 2024. Signed by Judge K. Michael Moore on 11/8/2024. (cr00)
November 7, 2024 Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Hardee's Restaurants LLC. (DuBon, Bryan)
October 8, 2024 Opinion or Order Filing 7 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. #6 . Therein, Defendant requests a thirty-three-day extension of time to file a response to the Complaint because counsel for Defendant desires additional time to "complete [an] investigation of the underlying facts... given the highly technical nature of the allegations." Id. at 1. Plaintiff does not oppose the requested relief. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #6 is GRANTED. Defendant shall respond to the Complaint on or before November 11, 2024. Signed by Judge K. Michael Moore on 10/8/2024. (cr00)
October 7, 2024 Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Hardee's Restaurants LLC. Attorney Bryan F. DuBon added to party Hardee's Restaurants LLC(pty:dft). (DuBon, Bryan)
September 19, 2024 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 Alejandro Espinoza. Hardee's Restaurants LLC served on 9/18/2024, response/answer due 10/9/2024. (Mendez, Diego)
September 17, 2024 Opinion or Order Filing 4 PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. 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. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 9/17/2024. (gbn)
September 16, 2024 Filing 3 Summons Issued as to Hardee's Restaurants LLC. (ar24)
September 14, 2024 Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein 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. (ar24)
September 14, 2024 Filing 1 COMPLAINT against Hardee's Restaurants LLC. Filing fees $ 405.00 receipt number AFLSDC-17834836, filed by Alejandro Espinoza. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Adams, Richard)

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Plaintiff: Alejandro Espinoza
Represented By: Diego German Mendez
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Defendant: Hardee's Restaurants LLC a Foreign Limited Liability Company doing business as Hardee's
Represented By: Bryan F. DuBon
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