Rolle v. Florida Care ALF of Vero Beach, Inc.
| Dezha Rolle |
| Florida Care ALF of Vero Beach, Inc. doing business as Spring Hills Assisted Living Facility |
| 2:2026cv14052 |
| February 13, 2026 |
| U.S. District Court for the Southern District of Florida |
| Aileen M Cannon |
| Shaniek Mills Maynard |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 27, 2026. A more recent docket listing may be available from PACER.
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Filing 30
ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, granting in part and denying in part #20 Motion to Dismiss for Failure to State a Claim; Adopting #27 Report and Recommendations (Amended Complaint due by 8/11/2026). Signed by Judge Aileen M. Cannon on 7/24/2026. See attached document for full details. (pcs)
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| Filing 29 Defendant's NOTICE OF NON-OBJECTION TO REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE by Florida Care ALF of Vero Beach, Inc. re #27 REPORT AND RECOMMENDATIONS re #20 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM filed by Florida Care ALF of Vero Beach, Inc. (Samilow, Steven) |
| Filing 28 Plaintiff's NOTICE OF NO OBJECTION TO by Dezha Rolle re #27 REPORT AND RECOMMENDATIONS re #20 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM filed by Florida Care ALF of Vero Beach, Inc. (Rogers, Eric) |
| Filing 27 REPORT AND RECOMMENDATION- re #20 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM filed by Florida Care ALF of Vero Beach, Inc. I respectfully RECOMMEND that Defendant's Motion to Dismiss, DE 20, be GRANTED IN PART AND DENIED IN PART as follows: (1.) Defendant's 12(b)(1) motion should be DENIED. (2.) Defendant's 12(b)(6) motion should be DENIED as to Count I. (3.) Defendant's 12(b)(6) motion should be GRANTED as to Counts II, III, and IV. Counts II, III, and IV should be DISMISSED WITHOUT PREJUDICE, and Plaintiff should be granted leave to file an amended complaint. Objections to R&R due by 7/28/2026 Signed by Magistrate Judge Shaniek Mills Maynard on 7/14/2026. See attached document for full details. (mab) |
| Filing 26 Defendant's REPLY in Support of Motion re #20 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM . filed by Florida Care ALF of Vero Beach, Inc.. (Samilow, Steven) |
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Filing 25
PAPERLESS ORDER: Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, #20 Defendant's Motion to Dismiss #1 Plaintiff's Complaint is hereby REFERRED to Magistrate Judge Shaniek M. Maynard for a Report and Recommendation. Signed by Judge Aileen M. Cannon on 6/18/2026. (jj02)
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Filing 24
PAPERLESS ORDER granting #22 Plaintiff's Motion to Strike #21 Plaintiff's Response in Opposition to Motion. Plaintiff's Response #21 is hereby stricken. Signed by Judge Aileen M. Cannon on 6/18/2026. (AMC)
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| Filing 23 RESPONSE in Opposition re #20 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM filed by Dezha Rolle. Replies due by 6/25/2026. (Rogers, Eric) |
| Filing 22 Plaintiff's MOTION to Strike #21 Response in Opposition to Motion by Dezha Rolle. Responses due by 7/2/2026. (Rogers, Eric) |
| Filing 21 (STRICKEN) RESPONSE in Opposition re #20 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM filed by Dezha Rolle. Replies due by 6/24/2026. (Rogers, Eric) Modified per DE 24 on 6/18/2026 (amb). |
| Filing 20 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by Florida Care ALF of Vero Beach, Inc.. Responses due by 6/18/2026. (Samilow, Steven) |
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Filing 19
ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION TO SET ASIDE ENTRY OF CLERK'S DEFAULT. Defendant's Motion DE #18 is GRANTED. The Clerk is directed to VACATE the previously entered default against Defendant DE #14 . On or before June 4, 2026, Defendant shall file an answer or responsive motion to Plaintiff's Complaint. Florida Care ALF of Vero Beach, Inc. response/answer due 6/4/2026. Signed by Judge Aileen M. Cannon on 5/15/2026. See attached document for full details. (ebz)
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| Filing 18 Defendant's MOTION to Set Aside Default by Florida Care ALF of Vero Beach, Inc.. Responses due by 5/11/2026. (Attachments: #1 Affidavit Declaration of Joseph V. Mondelli)(Samilow, Steven) |
| Filing 17 NOTICE of Attorney Appearance by Steven Frederick Samilow on behalf of Florida Care ALF of Vero Beach, Inc.. Attorney Steven Frederick Samilow added to party Florida Care ALF of Vero Beach, Inc. (pty:dft). (Samilow, Steven) |
| Filing 16 Clerk's NOTICE of Compliance re DE #15 Order. Copy of Order DE #15 mailed to Defendant at address listed in the Order with Notice of Compliance of same docketed to case. (cwc) |
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Filing 15
ORDER ON DEFAULT FINAL JUDGMENT PROCEDURE. Signed by Judge Aileen M. Cannon on 4/14/2026. See attached document for full details. (cwc)
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| Filing 14 VACATED. Clerk's Entry of Default as to Florida Care ALF of Vero Beach, Inc. - Motions Terminated: #13 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 4/13/2026. (ebz) Modified per DE #19 Order on 5/15/2026 (ebz). |
| Filing 13 Plaintiff's MOTION for Clerk's Entry of Default as to Florida Care ALF of Vero Beach, Inc. by Dezha Rolle. Responses due by 4/24/2026. (Rogers, Eric) |
| Filing 12 CLERK'S NOTICE of Compliance. Mailed a copy of DE #11 Order to Florida Care ALF of Vero Beach, Inc. d/b/a Spring Hills Assisted Living Facility. (ebz) |
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Filing 11
ORDER DIRECTING PLAINTIFF TO FILE MOTION FOR CLERK'S DEFAULT. On or before April 10, 2026, Plaintiff shall file a Motion for Entry of Clerk's Default that includes a certificate of service indicating that notice of this Order was sent to Defendant, including the address to which it was sent. ( Motions due by 4/10/2026.) Signed by Judge Aileen M. Cannon on 4/10/2026. See attached document for full details. (ebz)
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| Filing 10 CLERK'S NOTICE of Compliance. Mailed a copy of DE #9 Order, Set Response/Answer Due Deadline to Florida Care ALF of Vero Beach, Inc. d/b/a Spring Hills Assisted Living Facility, Joseph V Mondelli, Registered Agent. (ebz) |
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Filing 9
ORDER REQUIRING RESPONSE TO COMPLAINT. Florida Care ALF of Vero Beach, Inc. response/answer due 4/7/2026. Signed by Judge Aileen M. Cannon on 3/25/2026. See attached document for full details. (ebz)
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| Filing 8 SUPPLEMENT on Service as to Defendant. by Dezha Rolle (Rogers, Eric) |
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Filing 7
PAPERLESS ORDER directing Plaintiff to file a Supplement on Service as to Defendant. Plaintiff's executed summons #6 indicates that a copy of the summons and complaint was delivered to the "assistant manager" of Defendant, without indicating whether the individual served is the registered agent of Defendant, and without specifying the statute under which service was effectuated. Accordingly, on or before March 16, 2026, Plaintiff shall file additional proof of service detailing the relevant statute(s) and procedures used to effectuate service as to Defendant. Signed by Judge Aileen M. Cannon on 3/11/2026. (jj02)
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| 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 Dezha Rolle. Florida Care ALF of Vero Beach, Inc. served on 2/23/2026, response/answer due 3/16/2026. (Rogers, Eric) |
| Filing 5 Summons Issued as to Florida Care ALF of Vero Beach, Inc.. (ebz) |
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Filing 4
NOTICE OF COURT PRACTICES ON SEALING/REDACTION: Notwithstanding the requirements of Local Rule 5.4 and/or any protective order, the parties are prohibited from filing anything under seal or from redacting any content from a court filing or exhibit/attachment (except for the personal data identifiers listed in Section 6A of this District's CM/ECF Administrative Procedures) unless the party with a stated interest in sealing/redaction first seeks and obtains permission from the Court via a motion for leave. The motion for leave must be filed after meaningful conferral with the opposing party (or parties) and be filed publicly except as authorized by prior Court order. Additionally, the motion for leave shall specify the particularized basis for sealing the proposed material; shall describe the information/documents to be sealed with as much specificity as possible but without attaching the proposed sealed material; shall indicate the proposed duration of the seal request and the reasons why means other than sealing are unavailable or unsatisfactory; shall contain a separate certificate of conference section indicating the results of the parties' meaningful conferral; and shall be filed at last three business days before any related deadline to permit adequate Court consideration. The party seeking authorization to seal material shall not file or otherwise attach the subject material until the Court has ruled on the motion for leave. Finally, all parties are advised that mere designation of material as confidential and/or otherwise subject to a protective order does not bind the Court, does not supplant the requirements of the Local Rules on sealing, and does not otherwise relieve the party seeking sealing/redaction from justifying its request under applicable legal principals governing the presumption of public access to civil proceedings. Failure to comply with this Notice may result in immediate unsealing of any unauthorized shielded material. Signed by Judge Aileen M. Cannon on 2/17/2026. (jj02)
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| Filing 3 NOTICE of Filing Proposed Summons(es) by Dezha Rolle (Rogers, Eric) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. 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. (kpe) |
| Filing 1 COMPLAINT against Florida Care ALF of Vero Beach, Inc. d/b/a Spring Hills Assisted Living Facility. Filing fees $ 405.00 receipt number AFLSDC-19220927, filed by Dezha Rolle. (Attachments: #1 Civil Cover Sheet)(Rogers, Eric) |
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| Plaintiff: Dezha Rolle | |
| Represented By: | Clark Patrick Newby |
| Represented By: | Eric David Rogers |
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| Defendant: Florida Care ALF of Vero Beach, Inc. doing business as Spring Hills Assisted Living Facility | |
| Represented By: | Steven Frederick Samilow |
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