Markman v. RK BISCAYNE PLAZA, LLC, et al
| Judyth Markman |
| RK BISCAYNE PLAZA, LLC, and Ben & Gabbys, Inc. |
| 1:2026cv21137 |
| February 19, 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
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This docket was last retrieved on April 17, 2026. A more recent docket listing may be available from PACER.
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Filing 18
PAPERLESS ORDER. THIS MATTER is before the Court on the notices indicating that the Parties have reached a settlement of this matter. (DE #16 ; DE #17 .) Accordingly, it is ORDERED AND ADJUDGED that on or before May 18, 2026, Plaintiff shall file a notice of voluntary dismissal or the Parties shall file a joint stipulation of dismissal. See Fed. R. Civ. P. 41(a)(1). The dismissal of this matter is effective and self-executing upon the filing of either Plaintiff's notice of voluntary dismissal or the Parties' joint stipulation of dismissal. However, if the Parties wish for the Court to retain jurisdiction to enforce the settlement agreement, they are advised that they must file the settlement agreement for review and file a joint stipulation of dismissal that complies with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). All hearings and deadlines are CANCELED. All pending motions are DENIED AS MOOT. This case is CLOSED for administrative purposes. Signed by Judge Kathleen M. Williams on 4/17/2026. (ymd)
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| Filing 17 NOTICE of Settlement In Principle Solely as to Defendant, BEN & GABBYS, INC. by Judyth Markman (Wassenberg, Lauren) |
| Filing 16 NOTICE of Settlement Joint in Principle Solely as to Defendant, RK BISCAYNE PLAZA, LLC by Judyth Markman (Wassenberg, Lauren) |
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Filing 15
PAPERLESS ORDER. THIS MATTER is before the Court on the Clerk's Entry of Default as to Defendant BEN & GABBY'S, INC. (DE #14 ). It is ORDERED AND ADJUDGED that on or before April 30, 2026, Plaintiff shall file a motion for final default judgment against Defendant 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 4/1/2026. (ymd)
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| Filing 14 Clerk's Entry of Default as to BEN & GABBY'S, INC. - Motions Terminated: #13 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 3/31/2026. (cqs) |
| Filing 13 Plaintiff's MOTION for Clerk's Entry of Default as to Ben & Gabbys, Inc. by Judyth Markman. Responses due by 4/14/2026. (Attachments: #1 Affidavit Affirmation ISO Clerk's Default, #2 Text of Proposed Order Proposed Clerk's Default)(Wassenberg, Lauren) |
| Filing 12 CERTIFICATE of Counsel re #4 Notice of Court Practice/to Appear/Other,, Order Referring Case to Magistrate Judge, Re: Prior Filings Under the ADA by Lauren Nicole Wassenberg on behalf of Judyth Markman (Attachments: #1 Exhibit Copy of Consent Decree and Stipulation of Dismissal in Prior Case) (Wassenberg, Lauren) |
| Filing 11 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Judyth Markman (Wassenberg, Lauren) |
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Filing 10
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Enjolique A. Lett on 3/19/2026. See attached document for full details. (ksr)
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Filing 9
PAPERLESS ORDER granting Defendant RK Biscayne Plaza, LLC's #8 Unopposed Motion for Enlargement of Time to Respond to Plaintiff's Complaint (the "Motion"). The instant Motion was filed the same day Defendant's response was due and thus fails to comply with Judge Williams' 48-hour rule. See Judge Williams' Court Practices and Procedures (available at the Court's website: https://www.flsd.uscourts.gov/content/judge-kathleen-m-williams). 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 Defendant's Motion. Perez v. Wells Fargo N.A., 774 F.3d 1329, 1332 (11th Cir. 2014). Therefore, it is ORDERED AND ADJUDGED that Defendant's Motion is GRANTED. Defendant shall file its response to the Complaint on or before April 17, 2026.The Court notes Defendant Ben & Gabbys', Inc., has yet to appear in the case. In the event that this Defendant appears, the Court reminds the parties of Judge Williams' Practices and Procedures involving multiple Defendants. See ECF No. #4 . Signed by Magistrate Judge Enjolique A. Lett on 3/19/2026. (ncn)
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| Reset Response/Answer Due Deadline: RK BISCAYNE PLAZA, LLC, response/answer due 4/17/2026. Per DE 9 . (ksr) |
| Filing 8 First MOTION for Extension of Time unopposed to respond to plaintiff's complaint by RK BISCAYNE PLAZA, LLC,. Responses due by 4/1/2026. (Leary, Jeffrey) |
| Filing 7 NOTICE of Attorney Appearance by Jeffrey P Leary on behalf of RK BISCAYNE PLAZA, LLC,. Attorney Jeffrey P Leary added to party RK BISCAYNE PLAZA, LLC,(pty:dft). (Leary, Jeffrey) |
| 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 Judyth Markman. Ben & Gabbys, Inc. served on 3/3/2026, response/answer due 3/24/2026. (Wassenberg, Lauren) |
| 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 Judyth Markman. RK BISCAYNE PLAZA, LLC, served on 2/25/2026, response/answer due 3/18/2026. (Wassenberg, Lauren) |
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Filing 4
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 2/20/2026. See attached document for full details. (ksr)
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| Filing 3 Summons Issued as to Ben & Gabbys, Inc., RK BISCAYNE PLAZA, LLC,. (ksr) |
| 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. (ksr) |
| Filing 1 COMPLAINT against Ben & Gabbys, Inc., RK BISCAYNE PLAZA, LLC,. Filing fees $ 405.00 receipt number AFLSDC-19238247, filed by Judyth Markman. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Wassenberg, Lauren) |
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