Proveyer v. Jaxson's Ice Cream Parlour, Restaurant and Country Store, Inc.
| Nestor A. Proveyer |
| Jaxson's Ice Cream Parlour, Restaurant and Country Store, Inc. a Florida Profit Corporation doing business as Jaxson's Ice Cream |
| 1:2026cv22249 |
| March 31, 2026 |
| U.S. District Court for the Southern District of Florida |
| Roy K Altman |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12182 Americans with Disabilities Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 30, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 12
ORDER Dismissing Case (With Prejudice). Case is closed. Signed by Judge Roy K. Altman on 4/30/2026. See attached document for full details. (jas)
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| Filing 11 NOTICE of Voluntary Dismissal with prejudice by Nestor A. Proveyer (Mendez, Diego) |
| Filing 10 NOTICE of Striking #9 Amended Complaint/Amended Notice of Removal filed by Nestor A. Proveyer by Nestor A. Proveyer (Mendez, Diego) |
| Filing 9 AMENDED COMPLAINT against MAR OCEAN, LLC, Murgado Automotive Group, Inc., filed by Nestor A. Proveyer.(Mendez, Diego) |
| Filing 8 AFFIDAVIT signed by: Nelson Proveyer re #4 Order of Requirements, #7 Certificate of Counsel, 6 Order,,,,, by Nestor A. Proveyer (Mendez, Diego) |
| Filing 7 CERTIFICATE of Counsel re #4 Order of Requirements, 6 Order,,,,, by Diego German Mendez on behalf of Nestor A. Proveyer (Mendez, Diego) |
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Filing 6
PAPERLESS ORDER. On April 7, 2026, the Court instructed the Plaintiff to file a verified response . . . setting forth details about the Defendants ADA litigation history and the Plaintiffs standing to sue by April 14, 2026. ADA Order [ECF No. 4] at 1. By that same date, we also instructed the named Plaintiffnot counsel[to] file a verified affidavit regarding his or her past visits to the Subject Property or use of a service with a nexus thereto, as well as a description of his or her concrete plans to return to the Property or re-use the service. Id. at 3. Those deadlines have now gone ignored. We thus order the Plaintiffby April 16, 2026to make the requisite filings and to explain why we shouldnt impose sanctions for the failure to comply with our ADA Order. We further warn that any continued failure to comply with our orders will result in sanctions, including the dismissal of this action without further warning. See Eades v. Alabama Dept of Hum. Res., 298 F. Appx 862, 863 (11th Cir. 2008) (District courts possess the ability to dismiss a case . . . for want of prosecution based on two possible sources of authority: Fed. R. Civ. P. 41(b) or their inherent authority to manage their dockets.). Signed by Judge Roy K. Altman on 4/15/2026. (dh03)
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| Reset Deadlines Per De 6 . Responses due by 4/16/2026. (cqs) |
| 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 Nestor A. Proveyer. Jaxson's Ice Cream Parlour, Restaurant and Country Store, Inc. served on 4/10/2026, response/answer due 5/1/2026. (Mendez, Diego) |
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Filing 4
Order Requiring Verified Certificate of Counsel Regarding Prior ADA Filings and Verified Affidavit Regarding Visits to Property or Use of Service. Signed by Judge Roy K. Altman on 4/7/2026. See attached document for full details. (ls)
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| Filing 3 Summons Issued as to Jaxson's Ice Cream Parlour, Restaurant and Country Store, Inc. (scn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman. 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. (scn) |
| Filing 1 COMPLAINT against JAXSONS ICE CREAM PARLOUR, RESTAURANT AND COUNTRY STORE, INC.. Filing fees $ 405.00 receipt number AFLSDC-19375108, filed by Nestor A. Proveyer. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Adams, Richard) |
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| Plaintiff: Nestor A. Proveyer | |
| Represented By: | Richard John Adams, Jr. |
| Represented By: | Diego German Mendez |
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| Defendant: Jaxson's Ice Cream Parlour, Restaurant and Country Store, Inc. a Florida Profit Corporation doing business as Jaxson's Ice Cream | |
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