526-528 Duval Retail LLC v. The Gap, Inc.
Plaintiff: 526-528 Duval Retail LLC
Defendant: The Gap, Inc.
Case Number: 4:2020cv10065
Filed: June 26, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Jacqueline Becerra
Referring Judge: K Michael Moore
Nature of Suit: Rent Lease & Ejectment
Cause of Action: 28 U.S.C. ยง 1443
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 14, 2020 Opinion or Order Filing 15 PAPERLESS ORDER. THIS CAUSE came before the Court upon the filing of a Joint Stipulation of Dismissal With Prejudice. #14 . Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, "the plaintiff may dismiss an action without a court order by filing... a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii). UPON CONSIDERATION of the Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITH PREJUDICE. The Clerk of the Court is instructed to CLOSE this case. All pending motions are DENIED AS MOOT. The Court retains jurisdiction to enforce the settlement agreement. Signed by Chief Judge K. Michael Moore on 8/14/2020. (mgh)
August 14, 2020 Filing 14 STIPULATION of Dismissal Joint Stipulation of Dismissal with Prejudice by The Gap, Inc. (Pincavage, Danya)
July 27, 2020 Filing 13 The Gap, Inc.'s ANSWER and Affirmative Defenses to Complaint , COUNTERCLAIM against 526-528 Duval Retail LLC by The Gap, Inc.. Attorney Danya Pincavage added to party The Gap, Inc.(pty:dft). (Pincavage, Danya)
July 23, 2020 Filing 12 Plaintiff's Corporate Disclosure Statement by 526-528 Duval Retail LLC (Cagan, Scott)
July 15, 2020 Filing 11 Clerks Notice to Filer re #9 Summons Returned Executed. Service Date Not Entered; ERROR - The service date was not entered. The correction was made by the Clerk and filing was re-docketed, see 10 Summons Returned Executed. It is not necessary to refile this document. (pes)
July 14, 2020 Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 The Gap, Inc. served on 7/6/2020, answer due 7/27/2020. See DE #9 for image. (pes)
July 14, 2020 Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by 526-528 Duval Retail LLC. All Plaintiffs. (Cagan, Scott)
July 1, 2020 Filing 8 Summons Issued as to The Gap, Inc. (pes)
June 30, 2020 Opinion or Order Filing 7 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. 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 Jacqueline Becerra 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 Jacqueline Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 6/30/2020. (mgh)
June 30, 2020 Opinion or Order Filing 6 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 Chief Judge K. Michael Moore on 6/30/2020. (mgh)
June 30, 2020 Filing 5 NOTICE of Filing Proposed Summons(es) by 526-528 Duval Retail LLC re #1 Complaint filed by 526-528 Duval Retail LLC (Cagan, Scott)
June 29, 2020 Filing 4 NOTICE by 526-528 Duval Retail LLC re #1 Complaint Civil Cover Sheet (Cagan, Scott) Modified text on 6/29/2020 (pes).
June 29, 2020 Filing 3 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (bb)
June 26, 2020 Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (bb)
June 26, 2020 Filing 1 COMPLAINT for Breach of Lease Agreement against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13092550, filed by 526-528 Duval Retail LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cagan, Scott)

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Plaintiff: 526-528 Duval Retail LLC
Represented By: Scott Lawrence Cagan
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Defendant: The Gap, Inc.
Represented By: Danya Pincavage
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