Cohan v. Bob Evans Restaurants, LLC
| Howard Cohan |
| Bob Evans Restaurants, LLC a Foreign Limited Liability Company doing business as Bob Evans Restaurant 381 |
| 2:2022cv14021 |
| January 14, 2022 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| K Michael Moore |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12182 Americans with Disabilities Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 14, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 10 ANSWER and Affirmative Defenses to Complaint by Bob Evans Restaurants, LLC. (Hollingsworth, Liana) |
Filing 9
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Bob Evan's ("Defendant") Unopposed Motion for Extension of Time. #8 . Plaintiff has filed a Return of Service, which confirms that Defendant was served on January 18, 2022. #7 at 1. Thus, the deadline for Defendant Experian to respond to the Complaint was on or before February 8, 2022. Fed. R. Civ. P. 12(a)(1)(A)(i) (providing that a defendant must respond to a complaint within 21 days after being served with the summons and complaint); Fed. R. Civ. P. 4(l)(1) ("unless service is waived, proof of service must be made to the court. Except for service by a United States marshal or deputy marshal, proof must be by the server's affidavit"). Now, Defendant requests an additional 21 days to respond to the Complaint because "Defendant is further investigating allegations and Plaintiff has agreed to this extension to allow it time to do so in the interest of judicial economy." Id. The Court finds that Defendant has not demonstrated why a substantial extension of 21 days is warranted. However, in the interest of fairness and because Defendant's Motion is unopposed, the Court will grant a seven (7) day extension of the deadline to file a response to the Complaint. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #8 is GRANTED IN PART and DENIED IN PART. Defendant shall respond to the Complaint on or before February 15, 2022. There will be no further extensions without a showing of good cause. Signed by Judge K. Michael Moore on 2/8/2022. (thn)
|
| Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Bob Evans Restaurants, LLC. Attorney Liana Rose Hollingsworth added to party Bob Evans Restaurants, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Hollingsworth, Liana) |
| 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 Howard Cohan. Bob Evans Restaurants, LLC served on 1/18/2022, response/answer due 2/8/2022. (Sconzo, Gregory) |
|
Filing 6
DISCOVERY PROCEDURES ORDER re 5 Order Referring Case to Magistrate Judge. Signed by Magistrate Judge Shaniek M. Maynard on 1/18/2022. See attached document for full details. (osd)
|
|
Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE SHANIEK MAYNARD. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Shaniek Maynard to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Maynard's discovery procedures. Signed by Judge K. Michael Moore on 1/18/2022. (thn)
|
|
Filing 4
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 1/18/2022. (thn)
|
| Filing 3 Summons Issued as to Bob Evans Restaurants, LLC. (mab) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (mab) |
| Filing 1 COMPLAINT against Bob Evans Restaurants, LLC. Filing fees $ 402.00 receipt number AFLSDC-15319624, filed by Howard Cohan. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Sconzo, Gregory) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US 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.
