Barberi v. Trinity Petro I, LLC et al
Plaintiff: Renzo Barberi
Defendant: Trinity Petro I, LLC a Florida Limited Liability Company doing business as Westar, RODRIGUEZ'S SUPERMARKET LLC a Florida Limited Liability Company doing business as Westar, ERNEST M. CHERRY, JR and CAROLE A. CHERRY
Case Number: 1:2026cv20176
Filed: January 12, 2026
Court: U.S. District Court for the Southern District of Florida
Presiding Judge: William P Dimitrouleas
Nature of Suit: Civil Rights: Accommodations
Cause of Action: 42 U.S.C. § 12182 Americans with Disabilities Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 13, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 13, 2026 Opinion or Order Filing 33 ORDER APPROVING #32 STIPULATION OF DISMISSAL; CLOSING CASE: The case is DISMISSED WITH PREJUDICE, with each party to bear its own costs and fees except as otherwise agreed. The Clerk is directed to CLOSE this case and DENY as moot any pending motions. Closing Case. (With Prejudice) Signed by Judge William P. Dimitrouleas on 5/13/2026. See attached document for full details. (wce)
May 12, 2026 Filing 32 JOINT STIPULATION of Dismissal with Prejudice by Renzo Barberi (Attachments: #1 Text of Proposed Order)(Stern, Ronald) Modified Text on 5/13/2026 (wce).
May 4, 2026 Opinion or Order Filing 31 ORDER TO SHOW CAUSE FOR LACK OF PROSECUTION: Plaintiff, on or before May 11, 2026, shall either move for Clerk's Entry of Default or show cause why this action should not be dismissed as to Defendant TRINITY PETRIO I, LLC for a lack of prosecution. Signed by Judge William P. Dimitrouleas on 5/4/2026. See attached document for full details. (wce)
April 13, 2026 Opinion or Order Filing 30 ORDER DENYING #28 DEFENDANT, TRINITY PETRO I LLC'S AMENDED MOTION TO DISMISS PLAINTIFF'S COMPLAINT: Defendant Trinity Petro I LLC shall file its Answer on or before April 27, 2026. Signed by Judge William P. Dimitrouleas on 4/13/2026. See attached document for full details. (wce)
April 2, 2026 Filing 29 RESPONSE in Opposition re #28 Amended MOTION to Dismiss #1 Complaint, filed by Renzo Barberi. Replies due by 4/9/2026. (Stern, Ronald)
March 19, 2026 Filing 28 Amended MOTION to Dismiss #1 Complaint, by Trinity Petro I, LLC. Responses due by 4/2/2026. (Attachments: #1 Exhibit A - Affidavit)(Pomeranz, Jeffrey)
March 17, 2026 Opinion or Order Filing 27 SECOND ORDER TO SHOW CAUSE FOR LACK OF PROSECUTION: Plaintiff, on or before March 24, 2026, shall either move for Clerk's Entry of Default or show cause why this action should not be dismissed as to Defendant TRINITY PETRIO I, LLC for a lack of prosecution. Signed by Judge William P. Dimitrouleas on 3/17/2026. See attached document for full details. (wce)
March 12, 2026 Opinion or Order Filing 26 ORDER VACATING #19 CLERK'S ENTRIES OF DEFAULT AGAINST DEFENDANTS CAROLE A. CHERRY, ERNEST M. CHERRY, JR, AND RODRIGUEZ'S SUPERMARKET LLC. Signed by Judge William P. Dimitrouleas on 3/12/2026. See attached document for full details. (wce)
March 12, 2026 Opinion or Order Filing 25 ORDER DENYING #24 MOTION WITHOUT PREJUDICE. Signed by Judge William P. Dimitrouleas on 3/12/2026. See attached document for full details. (wce)
March 11, 2026 Filing 24 MOTION to Dismiss #1 Complaint, by Trinity Petro I, LLC. Responses due by 3/25/2026. (Pomeranz, Jeffrey)
March 11, 2026 Filing 23 ANSWER and Affirmative Defenses to Complaint by CAROLE A. CHERRY, ERNEST M. CHERRY, JR, RODRIGUEZ'S SUPERMARKET LLC. (Pomeranz, Jeffrey)
March 10, 2026 Opinion or Order Filing 22 ORDER TO SHOW CAUSE FOR LACK OF PROSECUTION: Plaintiff, on or before March 17, 2026, shall either move for default judgment as to Defendants RODRIGUEZ'S SUPERMARKET LLC, ERNEST M. CHERRY JR., and CAROLE A. CHERRY or show cause why it has not done so. Signed by Judge William P. Dimitrouleas on 3/10/2026. See attached document for full details. (wce)
March 4, 2026 Opinion or Order Filing 21 ORDER TO SHOW CAUSE FOR LACK OF PROSECUTION: re #16 Order on Motion for Extension of Time. Plaintiff, on or before March 11, 2026, shall either move for Clerk's Entry of Default or show cause why this action should not be dismissed as to Defendant TRINITY PETRIO I, LLC for a lack of prosecution. Signed by Judge William P. Dimitrouleas on 3/4/2026. See attached document for full details. (wce)
February 25, 2026 Filing 20 NOTICE of Attorney Appearance by Jeffrey Eric Pomeranz on behalf of CAROLE A. CHERRY, ERNEST M. CHERRY, JR, RODRIGUEZ'S SUPERMARKET LLC, Trinity Petro I, LLC. Attorney Jeffrey Eric Pomeranz added to party CAROLE A. CHERRY(pty:dft), Attorney Jeffrey Eric Pomeranz added to party ERNEST M. CHERRY, JR(pty:dft), Attorney Jeffrey Eric Pomeranz added to party RODRIGUEZ'S SUPERMARKET LLC(pty:dft). (Pomeranz, Jeffrey)
February 25, 2026 Filing 18 Plaintiff's MOTION for Clerk's Entry of Default as to CAROLE A. CHERRY, ERNEST M. CHERRY, JR, RODRIGUEZ'S SUPERMARKET LLC by Renzo Barberi. Responses due by 3/11/2026. (Stern, Ronald)
February 24, 2026 Filing 19 VACATED Clerk's Entry of Default as to CAROLE A. CHERRY, RODRIGUEZ'S SUPERMARKET LLC, and ERNEST M. CHERRY, JR - Granting: #18 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 2/24/2026. (wce) Modified Text per DE #26 on 3/12/2026 (wce).
February 17, 2026 Opinion or Order Filing 17 ORDER TO SHOW CAUSE FOR LACK OF PROSECUTION: Plaintiff, on or before February 24, 2026, shall either move for Clerk's Entry of Default or show cause why this action should not be dismissed as to Defendants RODRIGUEZ'S SUPERMARKET LLC, ERNEST M. CHERRY JR., and CAROLE A. CHERRY for a lack of prosecution. Signed by Judge William P. Dimitrouleas on 2/17/2026. See attached document for full details. (wce)
February 3, 2026 Opinion or Order Filing 16 ORDER GRANTING #14 , #15 DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT: Defendant Trinity shall respond to Plaintiff's Complaint on or before February 25, 2026. Signed by Judge William P. Dimitrouleas on 2/3/2026. See attached document for full details. (wce)
February 2, 2026 Filing 15 Amended MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, #14 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Trinity Petro I, LLC. Responses due by 2/17/2026. (Pomeranz, Jeffrey)
February 2, 2026 Filing 14 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Trinity Petro I, LLC. Responses due by 2/17/2026. (Pomeranz, Jeffrey)
February 2, 2026 Filing 13 NOTICE of Attorney Appearance by Jeffrey Eric Pomeranz on behalf of Trinity Petro I, LLC. Attorney Jeffrey Eric Pomeranz added to party Trinity Petro I, LLC(pty:dft). (Pomeranz, Jeffrey)
January 22, 2026 Filing 12 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. RODRIGUEZ'S SUPERMARKET LLC served on 1/21/2026, response/answer due 2/11/2026. (Stern, Ronald)
January 16, 2026 Filing 11 CERTIFICATE of Counsel re #9 Order,, Set/Reset Deadlines, by Ronald E. Stern on behalf of Renzo Barberi (Stern, Ronald)
January 16, 2026 Opinion or Order Filing 10 ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT AND JOINT DISCOVERY REPORT: Within thirty-five (35) calendar days of the filing of the first responsive pleading by the last responding defendant, unless this action is excluded under Rule 26(a)(1)(B), the parties shall file a Joint Scheduling Report and Joint Proposed Order pursuant to Local Rule 16.1.B.2. Signed by Judge William P. Dimitrouleas on 1/16/2026. See attached document for full details. (wce)
January 16, 2026 Opinion or Order Filing 9 ORDER REQUIRING CERTIFICATE OF COUNSEL REGARDING ANY PRIOR FILINGS UNDER THE AMERICANS WITH DISABILITIES ACT: Accordingly, it is ORDERED AND ADJUDGED that Plaintiff's counsel shall file with the Clerk of the Court the verified statement responding to the questions promulgated above on or before January 19, 2026. Signed by Judge William P. Dimitrouleas on 1/16/2026. See attached document for full details. (wce)
January 15, 2026 Filing 8 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. ERNEST M. CHERRY, JR served on 1/13/2026, response/answer due 2/3/2026. (Stern, Ronald)
January 15, 2026 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. CAROLE A. CHERRY served on 1/13/2026, response/answer due 2/3/2026. (Stern, Ronald)
January 15, 2026 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 Renzo Barberi. Trinity Petro I, LLC served on 1/13/2026, response/answer due 2/3/2026. (Stern, Ronald)
January 12, 2026 Filing 5 Plaintiff's NOTICE of Filing Civil Cover Sheet by Renzo Barberi re 3 Clerk's Notice to Filer re: Electronic Case, (Attachments: #1 Civil Cover Sheet) (Stern, Ronald)
January 12, 2026 Filing 4 Summons Issued as to CAROLE A. CHERRY, ERNEST M. CHERRY, JR, RODRIGUEZ'S SUPERMARKET LLC, Trinity Petro I, LLC. (wce)
January 12, 2026 Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet (The Civil Cover Sheet attached is Unreadable). Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (wce)
January 12, 2026 Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Ellen F. D'Angelo 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. (wce)
January 12, 2026 Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-19109280, filed by Renzo Barberi. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s))(Stern, Ronald)

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Plaintiff: Renzo Barberi
Represented By: Ronald E. Stern
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Defendant: Trinity Petro I, LLC a Florida Limited Liability Company doing business as Westar
Represented By: Jeffrey Eric Pomeranz
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Defendant: RODRIGUEZ'S SUPERMARKET LLC a Florida Limited Liability Company doing business as Westar
Represented By: Jeffrey Eric Pomeranz
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Defendant: ERNEST M. CHERRY, JR
Represented By: Jeffrey Eric Pomeranz
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Defendant: CAROLE A. CHERRY
Represented By: Jeffrey Eric Pomeranz
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