Brito v. 1500 BK LLC et al
| Carlos Brito |
| 1500 BK LLC and PHOENIX OF 152 ND ST LLC doing business as BURGER KING #8296 |
| 1:2025cv21862 |
| April 23, 2025 |
| U.S. District Court for the Southern District of Florida |
| Darrin P Gayles |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12182 Americans with Disabilities Act |
| None |
Docket Report
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Filing 13
PAPERLESS ORDER administratively closing case in light of #12 the Joint Notice of Settlement, which indicates that this matter has settled in full. The parties are hereby notified that, within thirty (30) days of the date of this Order, they must file a Stipulation or Notice of Dismissal and/or Settlement Agreement along with any other pertinent document necessary to conclude this action. Any pending motions are denied as moot. Signed by Judge Darrin P. Gayles on 6/3/2025. (hs01)
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| Filing 12 NOTICE of Settlement (Joint) by 1500 BK LLC, PHOENIX OF 152 ND ST LLC (Chotiner, Adam) |
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Filing 11
PAPERLESS ORDER granting #10 Motion for Extension of Time. Defendants shall have through and including June 6, 2025. to file their response to Plaintiff's complaint and the report required by the Court's April 30, 2025, Notice of Court Practice. Signed by Judge Darrin P. Gayles on 5/7/2025. (hs01)
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| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, 7 Notice of Court Practice/to Appear/Other,,,,, , Unopposed MOTION for Extension of Time to file report required by the Court's April 30, 2025 Notice of Court Practice ( Responses due by 5/21/2025.) by 1500 BK LLC, PHOENIX OF 152 ND ST LLC. (Attachments: #1 Text of Proposed Order)(Chotiner, Adam) |
| Filing 9 NOTICE of Attorney Appearance by Adam S. Chotiner on behalf of 1500 BK LLC, PHOENIX OF 152 ND ST LLC. Attorney Adam S. Chotiner added to party 1500 BK LLC(pty:dft), Attorney Adam S. Chotiner added to party PHOENIX OF 152 ND ST LLC(pty:dft). (Chotiner, Adam) |
| Set/Reset Response/Answer Due Deadline per DE 11 Order. 1500 BK LLC response/answer due 6/6/2025; PHOENIX OF 152 ND ST LLC response/answer due 6/6/2025. (amb) |
| Filing 8 Plaintiff's Certificate of Other Affiliates by Carlos Brito identifying Other Affiliate Pablo Baez, AccessAble, Other Affiliate Phoenix Holding of South Florida LLC, Other Affiliate Burl Sostchin for Carlos Brito (Perez, Anthony) |
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Filing 7
NOTICE OF COURT PRACTICE. The Complaint in this action is filed under the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12181 et seq. In order to assist the Court in the management of this case, and in an effort to foster an early and cost-effective resolution, the parties are ORDERED as follows: Within fourteen (14) days of service of the Complaint, Defendant shall file a report with the Court indicating whether it agrees to (1) remediate the deficiencies identified in the Complaint, (2) entry of an injunction to ensure future compliance, and (3) pay Plaintiff's reasonable attorney's fees and costs, as determined by the Court or agreement by the parties. If so, Defendant shall include a reasonable timeline for remediation. If, upon review of the report, the Court finds that Defendant intends to remediate the property within a reasonable time, the action shall be stayed. If requested, the Court may grant proportional discovery to verify Defendant's remediation of the ADA deficiencies outlined in the Complaint. After receiving notice from the parties that the ADA deficiencies outlined in the Complaint have been remediated, the parties shall submit to the Court a proposed order of dismissal, including an injunction for future compliance and an award of reasonable attorney's fees and costs. Disputes will be resolved by the Court. Signed by Judge Darrin P. Gayles on 4/30/2025. (hs01)
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| Filing 6 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. 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. Signed by Judge Darrin P. Gayles on 4/30/2025. (hs01) |
| 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. PHOENIX OF 152 ND ST LLC served on 4/25/2025, response/answer due 5/16/2025. (Perez, Anthony) |
| Filing 4 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. 1500 BK LLC served on 4/24/2025, response/answer due 5/15/2025. (Perez, Anthony) |
| Filing 3 Summons Issued as to 1500 BK LLC, PHOENIX OF 152 ND ST LLC. (blc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (blc) |
| Filing 1 COMPLAINT against 1500 BK LLC, PHOENIX OF 152 ND ST LLC. Filing fees $ 405.00 receipt number AFLSDC-18392894, filed by Carlos Brito. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Perez, Anthony) |
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