Aguilar Monteagudo v. SUNSHINE DADE INVESTMENTS, LLC et al
| Andy S. Aguilar Monteagudo |
| SUNSHINE DADE INVESTMENTS, LLC and MIAMI SHELL, LLC doing business as FIESTA SHELL |
| 1:2025cv24059 |
| September 5, 2025 |
| U.S. District Court for the Southern District of Florida |
| Enjolique A Lett |
| Kathleen M Williams |
| 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 December 17, 2025. A more recent docket listing may be available from PACER.
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| Filing 26 STIPULATION of Dismissal as to Defendants, SUNSHINE DADE INVESTMENTS, LLC and MIAMI SHELL, LLC D/B/A FIESTA SHELL by Andy S. Aguilar Monteagudo (Perez, Anthony) |
Filing 25
PAPERLESS ORDER. THIS MATTER is before the Court on the Parties' Joint Motion for Extension of Time ("Joint Motion") (DE #24 ). In the Joint Motion, the Parties request an additional 21 days to file a stipulation of dismissal because "the Parties are pending conclusion of certain terms of the settlement agreement." This vague assertion does not give the Court cause to grant an extension that it previously denied in part when the Parties failed to follow Court procedures. (DE 23). Accordingly, the Joint Motion (DE #24 ) is DENIED. The Parties shall file their joint stipulation on or before December 18, 2025. Signed by Judge Kathleen M. Williams on 12/16/2025. (ymd)
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| Filing 24 Joint MOTION for Extension of Time TO COMPLY WITH COURT'S ORDER re 23 Order on Motion for Extension of Time,,,, by Andy S. Aguilar Monteagudo. Responses due by 12/30/2025. (Attachments: #1 Text of Proposed Order)(Perez, Anthony) |
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Filing 23
PAPERLESS ORDER. THIS MATTER is before the Court on the Parties' Joint Motion for Extension of Time ("Motion") (DE #22 ). In the Motion, the Parties request a fourteen day extension of time to file their stipulation of dismissal. The Parties' stipulation of dismissal was due on December 8, 2025, and they filed the Motion on the same day. The Motion, therefore, is noncompliant with the Court's Practices and Procedures, which state, "[a]bsent an emergency, requests for extensions of time must be presented to the Court, by motion, no later than 48 hours prior to the deadline from which the Parties are seeking relief. Sanctions may be imposed for non-emergent requests made less than 48 hours prior to the deadline." If an extension of time was needed, the Parties should have filed a timely request for such an extension. Accordingly, it is ORDERED AND ADJUDGED that the Motion is GRANTED IN PART AND DENIED IN PART. The Parties shall file their stipulation of dismissal on or before December 18, 2025. Signed by Judge Kathleen M. Williams on 12/9/2025. (ymd)
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| Filing 22 Joint MOTION for Extension of Time TO COMPLY WITH COURT'S ORDER re 21 Order,,,,, Order Dismissing/Closing Case,,,, by Andy S. Aguilar Monteagudo. Responses due by 12/22/2025. (Attachments: #1 Text of Proposed Order)(Perez, Anthony) |
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Filing 21
PAPERLESS ORDER. 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 8, 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 11/19/2025. (ymd)
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| Filing 20 NOTICE of Settlement by Andy S. Aguilar Monteagudo (Perez, Anthony) |
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Filing 19
SCHEDULING ORDER: Jury Trial set for 11/30/2026 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 11/24/2026 11:00 AM in Miami Division before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 11/12/2025. See attached document for full details. (ksr) #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 18 Joint SCHEDULING REPORT - Rule 16.1 by Andy S. Aguilar Monteagudo (Attachments: #1 Text of Proposed Order)(Perez, Anthony) |
| Filing 17 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by MIAMI SHELL, LLC, SUNSHINE DADE INVESTMENTS, LLC identifying Corporate Parent Sunshine Gasoline Distributors, Inc., Other Affiliate sandra Reus, Other Affiliate Federated Mutual Insurance Company, Other Affiliate Maximo Alvarez for MIAMI SHELL, LLC, SUNSHINE DADE INVESTMENTS, LLC (Polk, Edward) |
| Filing 16 Defendants' ANSWER and Affirmative Defenses to Complaint by MIAMI SHELL, LLC, SUNSHINE DADE INVESTMENTS, LLC. (Polk, Edward) |
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Filing 15
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Enjolique A. Lett on 10/1/2025. See attached document for full details. (ksr)
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Filing 14
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES AND PROCEDURES IN ADA CASES REFERRING CASE to Magistrate Judge Enjolique A. Lett for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 9/25/2025. See attached document for full details. (ksr)
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Filing 13
ORDER OF RECUSAL. Judge Rodolfo A. Ruiz, II recused. Case reassigned to Judge Kathleen M. Williams for all further proceedings. Signed by Judge Rodolfo A. Ruiz, II on 9/24/2025. See attached document for full details. (vjk)
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| Filing 12 NOTICE of Attorney Appearance by Raphael Joshua Max Marjenberg on behalf of MIAMI SHELL, LLC, SUNSHINE DADE INVESTMENTS, LLC. Attorney Raphael Joshua Max Marjenberg added to party MIAMI SHELL, LLC(pty:dft), Attorney Raphael Joshua Max Marjenberg added to party SUNSHINE DADE INVESTMENTS, LLC(pty:dft). (Marjenberg, Raphael) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Andy S. Aguilar Monteagudo. MIAMI SHELL, LLC served on 9/18/2025, response/answer due 10/9/2025. (Perez, Anthony) |
| Filing 10 NOTICE of Attorney Appearance by Edward Samuel Polk on behalf of MIAMI SHELL, LLC, SUNSHINE DADE INVESTMENTS, LLC. Attorney Edward Samuel Polk added to party MIAMI SHELL, LLC(pty:dft), Attorney Edward Samuel Polk added to party SUNSHINE DADE INVESTMENTS, LLC(pty:dft). (Polk, Edward) |
| Filing 9 AFFIDAVIT signed by: Andy S. Aguilar Monteagudo re #5 Order, by Andy S. Aguilar Monteagudo (Perez, Anthony) |
| Filing 8 CERTIFICATE of Counsel re #5 Order, by Anthony Joseph Perez on behalf of Andy S. Aguilar Monteagudo (Perez, Anthony) |
| Filing 7 Plaintiff's Certificate of Other Affiliates by Andy S. Aguilar Monteagudo identifying Other Affiliate Sunshine Gasoline Distributors, Inc., Other Affiliate Pablo Baez, AccessAble, Other Affiliate Maximo Alvarez, Other Affiliate Amit Handa, Other Affiliate Suresh Kapai for Andy S. Aguilar Monteagudo (Perez, Anthony) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Andy S. Aguilar Monteagudo. SUNSHINE DADE INVESTMENTS, LLC served on 9/11/2025, response/answer due 10/2/2025. (Perez, Anthony) |
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Filing 5
ORDER REQUIRING VERIFIED CERTIFICATE OF COUNSEL REGARDING ANY PRIOR FILINGS UNDER THE AMERICANS WITH DISABILITIES ACT AND VERIFIED AFFIDAVIT REGARDING VISITS TO PROPERTY Signed by Judge Rodolfo A. Ruiz, II on 9/9/2025. See attached document for full details. (ksr)
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| Filing 4 Summons Issued as to MIAMI SHELL, LLC, SUNSHINE DADE INVESTMENTS, LLC. (ksr) |
| Filing 3 CORRECTED Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Senior Judge James Lawrence King no longer assigned to case. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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 2 Clerks Notice of Judge Assignment to Senior Judge James Lawrence King. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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 against MIAMI SHELL, LLC, SUNSHINE DADE INVESTMENTS, LLC. Filing fees $ 405.00 receipt number AFLSDC-18765150, filed by Andy S. Aguilar Monteagudo. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Perez, Anthony) |
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