Gil et al v. Espinoza Car Wash Corp. et al
| Juan Carlos Gil and Access 4 All, Inc. |
| ETP 1 Company LLC. A Florida Limited Liability Company doing business as Diamond Gas LLC, RJ Gas Station 4th Ave, LLC and Edelyn Fuel Corp. |
| 1:2025cv22856 |
| June 25, 2025 |
| U.S. District Court for the Southern District of Florida |
| Enjolique A Lett |
| Kathleen M Williams |
| Civil Rights: Accommodations |
| 42 U.S.C. § 12182 Americans with Disabilities Act |
| None |
Docket Report
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| Filing 22 STIPULATION of Dismissal Joint by Access 4 All, Inc., Juan Carlos Gil (Elsinger, Garrett) |
Filing 21
PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL AND ADMINISTRATIVELY CLOSING CASE. THIS MATTER is before the Court on the notice indicating that the Parties have reached a settlement. (DE #20 ). Accordingly, it is ORDERED AND ADJUDGED that on or before December 1, 2025, the Parties shall file a joint stipulation of dismissal. If the Parties wish for the Court to retain jurisdiction beyond the filing of their joint stipulation, they are advised that they must file the settlement agreement for review and any stipulation must comply with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). Otherwise, the dismissal of this matter is effective and self-executing upon the filing of the Parties' joint stipulation of dismissal. Id. All pending motions are DENIED AS MOOT. All hearings, trial settings, and deadlines are CANCELED. This case is CLOSED for administrative purposes. Signed by Judge Kathleen M. Williams on 10/30/2025. (cgd)
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| Filing 20 NOTICE of Settlement by Access 4 All, Inc., Juan Carlos Gil (Elsinger, Garrett) |
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Filing 19
PAPERLESS ORDER TO SHOW CAUSE. THIS MATTER is before the Court sua sponte. On June 26, 2025, the Court issued an Order of Referral and Notice of Court Practices and Procedures in ADA Cases (DE #5 ) requiring that "WITHIN TWENTY (20) DAYS from the date that the last Defendant responds to the Complaint... the Parties shall file a joint conference report and a joint proposed scheduling order, as required by S.D. Fla. Local Rule 16.1(b)." To date, Plaintiffs and Defendant ETP 1 Company LLC have failed to file a joint conference report, joint proposed scheduling order, or a motion for extension of time to do so. Accordingly, it is ORDERED AND ADJUDGED that the Parties shall SHOW CAUSE on or before November 3, 2025 why sanctions should not be imposed for failure to comply with a Court Order. Signed by Judge Kathleen M. Williams on 10/29/2025. (cgd)
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| Filing 18 Clerk's Entry of Default as to RJ Gas Station 4th Ave, LLC and Edelyn Fuel Corp. per Order Directing Clerk to Enter Default Re: 17 Order Directing Clerk to Enter Default. Signed by DEPUTY CLERK on 10/6/2025. (scn) |
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Filing 17
PAPERLESS ORDER Directing Clerk to Enter Default. On September 23, 2025, Plaintiffs filed proof of service alleging service on Defendant RJ Gas Station 4th Ave, LLC on July 2, 2025 (DE #14 ) and on Defendant Edelyn Fuel Corp. on July 3, 2025 (DE #15 ), making those Defendants' answers to the Complaint due on or before July 23, 2025 and July 24, 2025, respectively. To date, both Defendants have failed to appear or file a responsive pleading to the Complaint. The Federal Rules of Civil Procedure provide that the Clerk must enter default against a defendant who has failed to plead or otherwise defend. See Fed. R. Civ. P. 55. Accordingly, it is ORDERED AND ADJUDGED that the Clerk is directed to ENTER DEFAULT against Defendant RJ Gas Station 4th Ave, LLC and Defendant Edelyn Fuel Corp.On or before November 5, 2025, Plaintiff shall file a motion for final default judgment against Defendant RJ Gas Station 4th Ave, LLC and Defendant Edelyn Fuel Corp and serve it in accordance with Rule 55(b)(2) of the Federal Rules of Civil Procedure. The motion must reference specific legal authority establishing Plaintiff's entitlement to the relief sought and demonstrating that service was proper. The motion must be accompanied by (1) a proposed default final judgment order setting forth the sum certain owed as money damages and the sum certain sought for attorneys' fees and costs supported by sufficient evidence, through affidavits or otherwise, to establish the basis for damages and other relief sought in the pleadings and (2) a proposed final judgment. Signed by Judge Kathleen M. Williams on 10/6/2025. (cgd)
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Filing 16
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. Plaintiffs filed the Complaint on June 25, 2025. (DE #1 ). On September 2, 2025, the Court observed that there was no evidence Plaintiffs had served several Defendants. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, the Court gave Plaintiffs until September 23, 2025 to serve the remaining Defendants. Plaintiffs failed to file valid proof of service as to Defendants Espinoza Car Wash Corp. and M&E Car Wash Corp. by the Court's deadline. Accordingly, it is ORDERED AND ADJUDGED that Defendants Espinoza Car Wash Corp. and M&E Car Wash Corp. are DISMISSED WITHOUT PREJUDICE from this case in accordance with Rule 4(m) of the Federal Rules of Civil Procedure. All pending motions involving Espinoza Car Wash Corp. or M&E Car Wash Corp. are DENIED AS MOOT and all of Espinoza Car Wash Corp. and M&E Car Wash Corp.'s deadlines are TERMINATED. This case remains open as to all remaining Defendants. Signed by Judge Kathleen M. Williams on 10/3/2025. (cgd)
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| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Juan Carlos Gil, Access 4 All, Inc.. Edelyn Fuel Corp. served on 7/3/2025, response/answer due 7/24/2025. (Elsinger, Garrett) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Juan Carlos Gil, Access 4 All, Inc.. RJ Gas Station 4th Ave, LLC served on 7/2/2025, response/answer due 7/23/2025. (Elsinger, Garrett) |
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Filing 13
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Enjolique A. Lett on 9/2/2025. See attached document for full details. (wce)
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Filing 12
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. Pursuant to Federal Rule of Civil Procedure 4(m), Plaintiffs shall effect service of process and file proof of service of the Complaint on all Defendants no later than September 23, 2025. All claims against any Defendant that has not been served with notice of this action by that day--evidenced by valid proof of service filed to the docket--will be dismissed without prejudice pursuant to Rule 4(m). Signed by Judge Kathleen M. Williams on 9/2/2025. (cgd)
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| Filing 11 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) - 2025-52A to Magistrate Judge Enjolique A. Lett. Ch. Magistrate Judge Jonathan Goodman no longer assigned to case. (mno) |
| Filing 10 ANSWER and Affirmative Defenses to Complaint by ETP 1 Company LLC.. Attorney Jolyon Wilson Morris added to party ETP 1 Company LLC.(pty:dft). (Morris, Jolyon) |
| Filing 9 First NOTICE Civil Cover Sheet by Access 4 All, Inc., Juan Carlos Gil. Attorney Peter Mineo, Jr added to party Access 4 All, Inc.(pty:pla), Attorney Peter Mineo, Jr added to party Juan Carlos Gil(pty:pla). (Mineo, Peter) |
| Filing 8 CERTIFICATE of Counsel re #5 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, RE: PRIOR ADA FILINGS by Garrett Scott Elsinger on behalf of Access 4 All, Inc., Juan Carlos Gil (Elsinger, Garrett) |
| Filing 7 MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Ch. Magistrate Judge Jonathan Goodman on 6/27/2025. See attached document for full details. (fbn) |
| Filing 6 NOTICE of Attorney Appearance by Garrett Scott Elsinger on behalf of Access 4 All, Inc., Juan Carlos Gil. Attorney Garrett Scott Elsinger added to party Access 4 All, Inc.(pty:pla), Attorney Garrett Scott Elsinger added to party Juan Carlos Gil(pty:pla). (Elsinger, Garrett) |
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Filing 5
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES AND PROCEDURES IN ADA CASES. REFERRING CASE to Ch. Magistrate Judge Jonathan Goodman for all Discovery Disputes and Non-Dispositive Pretrial Motions. Signed by Judge Kathleen M. Williams on 6/26/2025. See attached document for full details. (jas)
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| Filing 4 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (blc) |
| Filing 3 Summons Issued as to ETP 1 Company LLC., Edelyn Fuel Corp., Espinoza Car Wash Corp., M&E Car Wash Corp., RJ Gas Station 4th Ave, LLC. (blc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. 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 All Defendants. Filing fees $ 405.00 receipt number AFLSDC-18564030, filed by Juan Carlos Gil, Access 4 All, Inc.. (Attachments: #1 Summon(s) Edelyn Fuel Corp, #2 Summon(s) Espinoza Car Wash, #3 Summon(s) ETP 1 Company, #4 Summon(s) M&E Car Wash, #5 Summon(s) RJ Gas Station)(Salcedo, John) |
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