Marino v. Town & Country Plaza Inc. et al
| Jose Marino |
| Town & Country Plaza Inc. and Goodluck Investments 2 LLC doing business as RINCONCITO MIAMI 2 |
| 1:2026cv20265 |
| January 15, 2026 |
| 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
RSS Track this Docket
This docket was last retrieved on June 29, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 24 SETTLEMENT AGREEMENT as to Defendant, TOWN & COUNTRY PLAZA INC. by Jose Marino (Perez, Anthony) |
| Filing 23 Joint MOTION to Approve Consent Judgment by Jose Marino. Responses due by 7/10/2026. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Perez, Anthony) |
| Filing 22 Plaintiff's MOTION for Default Judgment by Jose Marino. Responses due by 6/12/2026. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Perez, Anthony) |
Filing 21
PAPERLESS ORDER. THIS MATTER is before the Court on Defendant Town & Country Plaza, Inc.'s Fourth Unopposed Motion for Extension of Time to Respond to Complaint (DE #20 ) ("Motion"). Upon review, the Motion indicates that Plaintiff and Defendant Town & Country Plaza, Inc. have reached "an agreement in in principle that, once finalized, will allow for a resolution of the claims interposed in Count I of the Complaint as well as Plaintiff's claims against TCP as set forth in Count II" but additional time is needed to finalize settlement documents. (DE #20 at 2). Accordingly, it is ORDERED AND ADJUDGED that the Motion is DENIED without prejudice. However, in the alternative, Plaintiff and Defendant Town & Country Plaza, Inc. shall file a joint stipulation of dismissal on or before June 26, 2026. If the Plaintiff and Defendant Town & Country Plaza, Inc. 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 as to Defendant Town & Country Plaza, Inc. is effective and self-executing upon the filing of the joint stipulation of dismissal. Id. Signed by Judge Kathleen M. Williams on 5/20/2026. (aw00)
|
| Filing 20 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, (Fourth) by Town & Country Plaza Inc.. Responses due by 6/3/2026. (Orizondo, Alberto) |
| Filing 19 Clerk's Entry of Default as to Goodluck Investments 2 LLC per Order Directing Clerk to Enter Default Re: 18 Order Directing Clerk to Enter Default Signed by DEPUTY CLERK on 4/24/2026. (pcs) |
|
Filing 18
PAPERLESS ORDER DIRECTING CLERK TO ENTER DEFAULT. THIS MATTER is before the Court sua sponte. On January 26, 2026, Plaintiff filed proof of service alleging service on Defendant Goodluck Investments 2 LLC on January 22, 2026 (DE #4 ), making Defendant Goodluck Investments 2 LLC's answer to the Complaint due on or before February 11, 2026. To date, Defendant Goodluck Investments 2 LLC has 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 Goodluck Investments 2 LLC.On or before May 29, 2026, Plaintiff shall file a motion for final default judgment against Defendant Goodluck Investments 2 LLC 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 4/24/2026. (aw00)
|
|
Filing 17
PAPERLESS ORDER granting Defendant's #16 Third Unopposed Motion for Extension of Time to Respond to Complaint (the "Motion"). The instant Motion is unopposed and complies with Judge Williams' 48-hour rule. Therefore, Defendant Town & Country, Plaza, Inc., will have until May 22, 2026, to file its response to the Complaint. Signed by Magistrate Judge Enjolique A. Lett on 4/16/2026. (ncn)
|
| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, (Third) by Town & Country Plaza Inc.. Responses due by 4/29/2026. (Orizondo, Alberto) |
|
Filing 15
PAPERLESS ORDER granting Defendant's #14 Second Unopposed Motion for Extension of Time to Respond to Complaint (the "Motion"). The instant Motion is unopposed and complies with Judge Williams' 48-hour rule. Therefore, in anticipation of a joint response pursuant to the Court's #9 Practices and Procedures in cases involving multiple defendants, both of the Defendants will have until April 17, 2026, to file their response to the Complaint. Signed by Magistrate Judge Enjolique A. Lett on 3/12/2026. (ncn)
|
| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer (Second) by Town & Country Plaza Inc.. Responses due by 3/26/2026. (Orizondo, Alberto) |
| Filing 13 CERTIFICATE of Counsel re #9 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, by Anthony Joseph Perez on behalf of Jose Marino (Perez, Anthony) |
|
Filing 12
PAPERLESS ORDER. THIS MATTER is before the Court on Defendants' #11 Unopposed Motion for Enlargement of Time to Respond to Complaint. While the Motion is unopposed, Defendants filed the Motion on the day their response was due. The Court reminds Defendants that Federal Rule of Civil Procedure 6(b)(1)(A) requires requests for extensions be made "before the original time." Moreover, the Motion fails to comply with Judge Williams' 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." See Judge Williams' Court Practices and Procedures (available at the Court's website: https://www.flsd.uscourts.gov/content/judge-kathleen-m-williams). Additionally, the Motion cites the incorrect Local Rule to certify conferral.Nevertheless, seeing that this Court has "a strong preference for deciding cases on the merits--not based on a single missed deadline--whenever possible," the Court grants Defendants' Motion. Perez v. Wells Fargo N.A., 774 F.3d 1329, 1332 (11th Cir. 2014). Therefore, it is ORDERED AND ADJUDGED that Defendants' Motion is GRANTED. Defendants shall file their response to the Complaint on or before March 16, 2026. The Court reminds Defendants of the #9 Court's Practices and Procedures in cases involving multiple defendants. Signed by Magistrate Judge Enjolique A. Lett on 2/16/2026. (ncn)
|
| Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Complaint by Town & Country Plaza Inc.. Responses due by 2/26/2026. (Orizondo, Alberto) |
|
Filing 10
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Enjolique A. Lett on 2/4/2026. See attached document for full details. (blc)
|
|
Filing 9
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES AND PROCEDURES IN ADA CASES. All discovery disputes and non-dispositive pretrial motions in this matter are REFERRED to Magistrate Judge Enjolique Lett. Signed by Judge Kathleen M. Williams on 2/3/2026. See attached document for full details. (blc)
|
| Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement by Town & Country Plaza Inc. (Orizondo, Alberto) |
| Filing 7 NOTICE of Attorney Appearance by Alberto Hugo Orizondo on behalf of Town & Country Plaza Inc.. Attorney Alberto Hugo Orizondo added to party Town & Country Plaza Inc.(pty:dft). (Orizondo, Alberto) |
| Filing 6 Plaintiff's Certificate of Other Affiliates by Jose Marino identifying Other Affiliate Pablo Baez, AccessAble, Other Affiliate Adrian L. Alvaro, Other Affiliate Elias Salomon Nader, Other Affiliate Amara Del Carmen Perez De Salomon for Jose Marino (Perez, Anthony) |
| 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 Jose Marino. Town & Country Plaza Inc. served on 1/22/2026, response/answer due 2/12/2026. (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 Jose Marino. Goodluck Investments 2 LLC served on 1/21/2026, response/answer due 2/11/2026. (Perez, Anthony) |
| Filing 3 Summons Issued as to GOODLUCK INVESTMENTS 2 LLC, TOWN & COUNTRY PLAZA INC.. (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 Enjolique A. Lett 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 GOODLUCK INVESTMENTS 2 LLC, TOWN & COUNTRY PLAZA INC.. Filing fees $ 405.00 receipt number AFLSDC-19123017, filed by Jose Marino. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Perez, Anthony) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
