Barberi v. New Laxmi, LLC
| Renzo Barberi |
| New Laxmi, LLC a Florida Limited Liability Company doing business as Holiday Motel, Komal, Inc., North River Dr Westar Corp and Lucky's Petroleum LLC |
| 1:2025cv20997 |
| March 4, 2025 |
| U.S. District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| K Michael Moore |
| Civil Rights: Accommodations |
| 42 U.S.C. § 12182 Americans with Disabilities Act |
| None |
Docket Report
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This docket was last retrieved on May 1, 2025. A more recent docket listing may be available from PACER.
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| Filing 16 Plaintiff's MOTION for Extension of Time to File Joint Scheduling Report re 8 Order,,,,, by Renzo Barberi. Responses due by 5/15/2025. (Attachments: #1 Text of Proposed Order)(Stern, Ronald) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #13 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Renzo Barberi. North River Dr Westar Corp served on 4/25/2025, response/answer due 5/16/2025. (Stern, Ronald) |
| Filing 14 Summons Issued as to Lucky's Petroleum LLC, North River Dr Westar Corp. (ls) |
| Filing 13 AMENDED COMPLAINT against All Defendants, filed by Renzo Barberi. (Attachments: #1 Summon(s), #2 Summon(s))(Stern, Ronald) |
Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Reconsideration. #11 . Therein, Plaintiff asserts that consolidation is inappropriate because "both actions include different subject facilities, located approximately thirty-five (35) miles away from each other, different types of public accommodations, with different violations of the ADA, different property owners, different business operators, different attorneys, different procedural postures, and different defenses." Id. The Court disagrees. The nearly identical complaints were filed about two weeks apart by Renzo Barberi, who is represented by Ronald E. Stern in both actions. 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 Plaintiff's Motion for Reconsideration #11 is DENIED. Moreover, on March 4, 2024, the Court entered a Pretrial Order, (ECF No. 4), which states: "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." The Order cautioned, "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." (ECF No. 4). Defendants have since filed two separate motions to dismiss and corresponding motions to seal yet fail to explain any conflicts of position in their separate motions. See (ECF Nos. 9-10). Accordingly, based on the foregoing, it is ORDERED AND ADJUDGED that Defendants' motions (ECF Nos. 9-10) are hereby STRICKEN. Defendants shall file a Joint Motion to Dismiss in accordance with this Courts Paperless Pretrial Order (ECF No. 4) within fourteen (14) days of Plaintiff filing the consolidated complaint. Signed by Judge K. Michael Moore on 3/31/2025. (dp01)
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| Filing 11 Plaintiff's MOTION for Reconsideration re 8 Order,,,,, by Renzo Barberi. (Attachments: #1 Text of Proposed Order)(Stern, Ronald) |
| Filing 10 MOTION TO DISMISS 8 Order,,,,, FOR FAILURE TO STATE A CLAIM by Komal, Inc.. Attorney Katherine Alexandra Chin added to party Komal, Inc.(pty:dft). Responses due by 4/14/2025. (Chin, Katherine) |
| Filing 9 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by New Laxmi, LLC. Attorney Katherine Alexandra Chin added to party New Laxmi, LLC(pty:dft). Responses due by 4/11/2025. (Chin, Katherine) |
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Filing 8
PAPERLESS ORDER CONSOLIDATING CASES. THIS CAUSE came before the Court upon a sua sponte review of the record. Rule 42(a) of the Federal Rules of Civil Procedure allows the Court to consolidate actions that have common questions of law or fact. Fed. R. Civ. P. 42(a). Here, the Court finds that Case Nos. 1:25-cv-21325-KMM and 1:25-cv-20997-KMM involve common questions of law and fact, such that consolidation is appropriate. Accordingly, Case No. 1:25-cv-21325-KMM is hereby CONSOLIDATED with Case No. 1:25-cv-20997-KMM for all purposes, including trial. The Clerk of the Court is INSTRUCTED to administratively CLOSE Case No. 1:25-cv-21325-KMM. All future filings MUST be made only in the lead case, Case No. 1:25-cv-20997-KMM . All pending motions, if any, in Case No. 1:25-cv-21325-KMM are DENIED AS MOOT.It is further ORDERED that Plaintiff shall file an amended complaint in Case No. 1:25-cv-20997-KMM within fourteen (14) days of the entry of this Order. It is further ORDERED that the Parties shall submit a revised joint scheduling report that complies with the requirements set forth in the Court's Pretrial Order (ECF No. 4) within thirty (30) days of the filing of the Amended Complaint. Signed by Judge K. Michael Moore on 3/25/2025. (dp01)
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| 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 Renzo Barberi. New Laxmi, LLC served on 3/6/2025, response/answer due 3/27/2025. (Stern, Ronald) |
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Filing 6
ORDER Setting Discovery Procedures. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/5/2025. See attached document for full details. (ls)
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 3/5/2025. (dp01)
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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. |
| Filing 3 Summons Issued as to New Laxmi, LLC. (ksr) |
| 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. (ksr) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-18252697, filed by Renzo Barberi. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Stern, Ronald) |
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