Brito v. ROTHSTEIN FAMILY LTD. et al
| Carlos Brito |
| ROTHSTEIN FAMILY LTD. and BASIC MEATS SUPERMARKET INC. doing business as BRAVO SUPERMARKET #45240 |
| 1:2025cv21402 |
| March 26, 2025 |
| U.S. District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Edwin G Torres |
| 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 July 30, 2025. A more recent docket listing may be available from PACER.
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Filing 18
PAPERLESS ORDER DENYING MOTION FOR DEFAULT JUDGMENT. THIS CAUSE came before the Court on Plaintiff's Motion for Default Judgment Against Defendant Basic Meats Supermarket Inc. (the "Motion"), ECF No. #14 . Generally, if defendants are similarly situated, a judgment should not be entered against a defaulting defendant to avoid the risk of inconsistent judgments. Millennium Funding, Inc. v. 1701 MANAGEMENT LLC, No. 21-CV-20862, 2021 WL 5389897, at *2 (S.D. Fla. Nov. 18, 2021) (citation omitted); see also Gulf Coast Fans, Inc. v. Midwest Elecs. Imp., Inc., 740 F.2d 1499, 1512 (11th Cir. 1984) ("Even when defendants are similarly situated, but not jointly liable, judgment should not be entered against a defaulting defendant if the other defendant prevails on the merits."). Indeed, Plaintiff filed a Notice of Joint Liability, in which he states that Defendant Basic Meats Supermarket and its co-defendant Rothstein Family Ltd. "are jointly and severally liable for the ADA violations listed in Count II of the Plaintiff's Complaint and for their remediation." ECF No. #15 at 2. As such, if one or more defendants may still prevail, entry of a default judgment as to one defendant risks the possibility of inconsistent judgments regarding the same issues. Therefore, it is hereby ORDERED AND ADJUDGED that the Motion, ECF No. #14 , is DENIED WITHOUT PREJUDICE. Plaintiff may file an amended motion for default final judgment no later than fourteen (14) days after Plaintiff's claim is resolved with respect to defendant Rothstein Family. Signed by Judge Jacqueline Becerra on 7/30/2025. (nsy)
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Filing 17
ORDER SETTING TRIAL, CALENDAR CALL, REFERENCE TO MAGISTRATE JUDGE,PRETRIAL DEADLINES, AND PRETRIAL PROCEDURES: ( Jury Trial set for 3/23/2026 09:30 AM before Judge Jacqueline Becerra, Calendar Call set for 3/17/2026 10:00 AM before Judge Jacqueline Becerra.), ORDER REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Jacqueline Becerra on 5/16/2025. See attached document for full details. (ebz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 16 Joint SCHEDULING REPORT - Rule 16.1 by Carlos Brito (Attachments: #1 Text of Proposed Order Joint Proposed Scheduling Order)(Diego, Ramon) |
| Filing 15 Plaintiff's NOTICE of Joint Liability by Carlos Brito re #14 Plaintiff's MOTION for Default Judgment against Defendant, BASIC MEATS SUPERMARKET INC (Diego, Ramon) |
| Filing 14 Plaintiff's MOTION for Default Judgment against Defendant, BASIC MEATS SUPERMARKET INC by Carlos Brito. (Attachments: #1 Exhibit A Affidavit, #2 Exhibit B Real Rates Report, #3 Exhibit C Fee Sheets, #4 Exhibit D Costs, #5 Exhibit E Expert Docs, #6 Text of Proposed Order Proposed Order on Plaintiff's Motion, #7 Text of Proposed Order Proposed Final Judgment)(Diego, Ramon) |
| Filing 13 Clerk's Entry of Default as to BASIC MEATS SUPERMARKET INC. - Motions Terminated: #12 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 5/1/2025. (ebz) |
| Filing 12 Plaintiff's MOTION for Clerk's Entry of Default as to BASIC MEATS SUPERMARKET INC. by Carlos Brito. (Attachments: #1 Exhibit A, #2 Affidavit in Support of Motion for Entry of Default)(Diego, Ramon) |
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Filing 11
PAPERLESS ORDER. THIS CAUSE is before the Court on Defendant's Motion for Summary Judgment. ECF No. #10 . Local Rule 56.1 provides that "[a] motion for summary judgment and the opposition to it shall each be accompanied by a separate and contemporaneously filed and served Statement of Material Facts." Defendant has not filed a Statement of Material Facts as the Local Rules require. Accordingly, upon due consideration of the Motion, the pertinent portions of the record, and the relevant authorities, it is ORDERED AND ADJUDGED that Defendant's Motion for Summary Judgment, ECF No. #10 , is DENIED WITHOUT PREJUDICE. Signed by Judge Jacqueline Becerra on 4/21/2025. (nsy)
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| Filing 10 MOTION for Summary Judgment by ROTHSTEIN FAMILY LTD.. Responses due by 5/5/2025. (Metsch, Lawrence) |
| Filing 9 ANSWER to Complaint by ROTHSTEIN FAMILY LTD.. (Metsch, Lawrence) |
| Filing 8 NOTICE of Attorney Appearance by Lawrence Richard Metsch on behalf of ROTHSTEIN FAMILY LTD.. Attorney Lawrence Richard Metsch added to party ROTHSTEIN FAMILY LTD.(pty:dft). (Metsch, Lawrence) |
| 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 Carlos Brito. BASIC MEATS SUPERMARKET INC. served on 4/3/2025, response/answer due 4/24/2025. (Garcia-Menocal, Alfredo) |
| Filing 6 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Carlos Brito identifying Other Affiliate Pablo Baez, AccessAble, Other Affiliate Marloth, Incorporated, Other Affiliate Robert E. Gomez for Carlos Brito (Diego, Ramon) |
| 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 Carlos Brito. ROTHSTEIN FAMILY LTD. served on 3/27/2025, response/answer due 4/17/2025. (Diego, Ramon) |
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Filing 4
PAPERLESS ORDER REGARDING PROCEDURES. The parties shall comply with the following procedures: 1. SERVICE: Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon Defendants within 90 days after the filing of the complaint. Unless service is waived, proof of service must be made to the Court by filing the server's affidavit. If a Defendant waives service, notice of the same shall be filed immediately. Failure to file proof of service or show good cause within 90 days will result in a dismissal without prejudice and without further notice. 2. DEFAULTS: In the event a served Defendant does not appear in this action, the Plaintiff(s) shall file a Motion for Clerk's Default within seven days of the deadline for the Defendant to answer. Extensions of time to answer a pleading must take the form of a motion to the Court. Motions for Final Default Judgment, if applicable, shall be filed within seven days of the entry of a Clerk's Default. Any motions for default final judgment must comply with the Court's Standing Procedures Regarding Motions for Default Final Judgment found at: https://www.flsd.uscourts.gov/sites/flsd/files/JudgeBecerraStandingOrderMotionsforDefaultJudgment.pdf. 3. CERTIFICATE OF INTERESTED PARTIES: Within fifteen days from the date the last Defendant enters an appearance in this action, the parties, including governmental parties, must file Certificates of Interested Parties and Corporate Disclosure Statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties must not include the undersigned or the assigned Magistrate Judge as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the Certificates. 4. JOINT SCHEDULING REPORTS: Within twenty days from the date the last Defendant enters an appearance in this action, the parties are directed to prepare and file a Joint Scheduling Report as required by Local Rule 16.1. Disclosures required under Fed. R. Civ. P. 26(a)(l) must be made at or before the time the parties confer to develop their case management and discovery plan. The parties must certify in the Joint Scheduling Report that such disclosures have been made unless a party files an objection to a required disclosure. Such filed objection must include a full explanation of the basis for the objection. The scheduling conference may be held via video conference or in person. It may not be held by telephone. In drafting their Joint Proposed Scheduling Order, the parties shall utilize the Court's Template Scheduling Order, found at https://www.flsd.uscourts.gov/sites/flsd/files/TemplateSchedulingOrder.pdf. Any deviation from the guidelines set forth in the Court's Template Scheduling Order or those proposed by the Local Rules must be noted in the Joint Scheduling Report along with an explanation for why any deviation is being proposed. Failure to articulate the reason(s) for any deviation from the guidelines set forth in the Court's Template Scheduling Order may result in the Court setting pre-trial deadlines and/or a trial date without regard to those proposed by the parties. 5. FILING OF MOTIONS: All filings must be in a 12-point font and double spaced. Single spacing is only permitted for footnotes. The required conferral under Local Rule 7.1 must be by telephone or in person. An e-mail conferral will only be permitted if counsel are in agreement as to the relief sought in the motion. 6. EXTENSIONS OF TIME: Requests for extensions of time, including unopposed motions, will only be granted by the Court upon an appropriate motion showing good cause why the deadline cannot be met. Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought. All requests for extensions of time must include: (1) the conferral statement required under Local Rule 7.1; (2) a list of any prior motions for extension of time; (3) a specific statement regarding the circumstances necessitating the requested relief; and (4) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. Signed by Judge Jacqueline Becerra on 3/26/2025. (nsy)
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| Filing 3 Summons Issued as to BASIC MEATS SUPERMARKET INC., ROTHSTEIN FAMILY LTD.. (cwc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (cwc) |
| Filing 1 COMPLAINT against BASIC MEATS SUPERMARKET INC., ROTHSTEIN FAMILY LTD.. Filing fees $ 405.00 receipt number AFLSDC-18315284, filed by Carlos Brito. (Attachments: #1 Cover Sheet, #2 Summon(s), #3 Summon(s))(Garcia-Menocal, Alfredo) Text Modified on 3/26/2025 (cwc). |
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