Access for the Disabled, Inc. et al v. Oakwood Square (E&A) LLC
Plaintiff: Access for the Disabled, Inc., Robert Cohen and Patrick J. Kennedy
Defendant: Oakwood Square (E&A) LLC a Florida limited liability company doing business as Denny's Restaurant and Den 8 LLC
Case Number: 9:2010cv80897
Filed: July 29, 2010
Court: US District Court for the Southern District of Florida
Office: West Palm Beach Office
County: Palm Beach
Presiding Judge: James I Cohn
Referring Judge: Barry S Seltzer
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12182
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 19, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 19, 2011 Opinion or Order Filing 48 ORDER DISMISSING CASE. The Clerk of Court shall Close this case and Deny all pending motions as moot. Signed by Judge James I. Cohn on 5/19/2011. (lk)
May 18, 2011 Filing 47 STIPULATION of Dismissal by Access for the Disabled, Inc., Robert Cohen, Patrick J. Kennedy (Winderman, Harry)
May 11, 2011 Filing 46 NOTICE of Settlement by Den 8 LLC (Williams, Monica)
May 9, 2011 Filing 45 RESPONSE TO ORDER TO SHOW CAUSE re #43 Order to Show Cause by Access for the Disabled, Inc., Robert Cohen, Patrick J. Kennedy. (Attachments: #1 Exhibit)(Winderman, Harry)
May 9, 2011 Filing 44 NOTICE of Mediator Selection: John W. Salmon selected.(Winderman, Harry)
May 9, 2011 Opinion or Order Filing 43 ORDER TO SHOW CAUSE: Show Cause Response due by noon on 5/10/2011. Signed by Judge James I. Cohn on 5/9/2011. (rke)
March 3, 2011 Opinion or Order Filing 42 ORDER Denying as Moot Motion to Compel #38 and Denying without Prejudice Motion to Extend Discovery Deadline #38 . Please see Order and Joint Status Report #41 for details. Signed by Magistrate Judge Barry S. Seltzer on 3/3/2011. (ccy)
March 2, 2011 Filing 41 STATUS REPORT by Den 8 LLC (Williams, Monica)
March 2, 2011 Filing 40 Clerks Notice to Filer re #38 Plaintiff's MOTION to Compel Inspection and Extend Deadline. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (lk)
February 28, 2011 Opinion or Order Filing 39 ORDER directing counsel for the parties to telephonically confer by noon on 3/2/2011 and to file a Joint Status Report and expediting response and reply re: Plaintiff's Motion to Compel #38 . Joint Status Report due by 4:00 p.m. on 3/2/2011; Response due by 4:00 p.m. on 3/3/2011; Reply due by 4:00 p.m. on 3/4/2011. Please see Order for additional details. Signed by Magistrate Judge Barry S. Seltzer on 2/28/2011. (ccy)
February 28, 2011 Filing 38 Plaintiff's MOTION to Compel Inspection by Access for the Disabled, Inc., Robert Cohen, Patrick J. Kennedy. Responses due by 3/17/2011 (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Winderman, Harry). Added MOTION to Continue discovery deadline on 3/2/2011 (lk).
February 15, 2011 Filing 37 Clerks Notice to Filer re #36 Notice of Filing Discovery. Document Not Captioned; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (lh)
February 11, 2011 Filing 36 NOTICE of Filing Discovery: Plaintiffs' REquest of Entry Upon Land for Inspection and Other Purposes by Access for the Disabled, Inc., Robert Cohen.(Winderman, Harry)
February 8, 2011 Filing 35 Initial Disclosure(s) of Plaintiffs' Rule 26(a)(2) Expert Witness Disclosures by Access for the Disabled, Inc., Robert Cohen (Winderman, Harry)
February 8, 2011 Filing 34 Initial Disclosure(s) of Plaintiffs' Initial Rule 26 Disclosures by Access for the Disabled, Inc., Robert Cohen (Winderman, Harry)
February 2, 2011 Filing 33 Minute Entry for proceedings held before Magistrate Judge Barry S. Seltzer: Scheduling Conference held on 2/2/2011. (Digital 15:00:25.) (Tape #BSS-11-5.) (at)
February 2, 2011 Opinion or Order Filing 32 SCHEDULING ORDER: Amended Pleadings due by 2/18/2011. Expert Discovery due by 3/11/2011. Fact Discovery due by 3/11/2011. Joinder of Parties due by 2/18/2011. In Limine Motions due by 5/6/2011. Motions due by 3/18/2011. Pretrial Stipulation due by 5/16/2011. Signed by Magistrate Judge Barry S. Seltzer on 2/2/2011. (lh)
February 2, 2011 Opinion or Order Filing 31 ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Barry S. Seltzer on 2/2/2011. (lh)
February 2, 2011 Filing 30 NOTICE of Compliance by Access for the Disabled, Inc. re #26 Order, Set/Reset Hearings,, (Winderman, Harry)
February 2, 2011 Filing 29 CERTIFICATE OF SERVICE by Access for the Disabled, Inc. re #26 Order, Set/Reset Hearings,, (Winderman, Harry)
January 27, 2011 Filing 28 ANSWER and Affirmative Defenses to Amended Complaint by Den 8 LLC.(Williams, Monica)
January 26, 2011 Filing 27 NOTICE of Attorney Appearance by Monica J. Williams on behalf of Den 8 LLC (Williams, Monica)
January 25, 2011 Opinion or Order Filing 26 ORDER Setting Scheduling Conference for 2/2/2011 at 3:00 pm in Fort Lauderdale Division before Magistrate Judge Barry S. Seltzer. Counsel for Plaintiffs shall serve a copy of this Order on Defendant. Please see Order for additional details. Signed by Magistrate Judge Barry S. Seltzer on 1/25/2011. (ccy)
January 25, 2011 Opinion or Order Filing 25 PAPERLESS ORDER granting #24 Unopposed Motion to Set Aside Default. The Clerk's Default is VACATED. Defendant shall respond to the Complaint no later than February 11, 2011. Signed by Judge James I. Cohn on 1/25/2011. (rke)
January 25, 2011 Set/Reset Answer Due Deadline: Den 8 LLC response due 2/11/2011. (rke)
January 24, 2011 Filing 24 MOTION to Set Aside Default by Access for the Disabled, Inc., Robert Cohen. (Winderman, Harry)
January 18, 2011 Opinion or Order Filing 23 STATUS REPORT ORDER; Status Report due by 1/21/2011.. Signed by Judge James I. Cohn on 1/18/2011. (lh)
December 15, 2010 Opinion or Order Filing 22 ORDER by Clerk of Entry of Default re #19 Motion for Clerks Entry of Default as to Den 8 LLC. Signed by DEPUTY CLERK on 12/15/2010. (lh)
December 15, 2010 Filing 21 Clerks Notice to Filer re #19 MOTION for Default Judgment and Status Report. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events.Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (lh)
December 14, 2010 Filing 20 STATUS REPORT by Access for the Disabled, Inc. (lh)per document #19
December 14, 2010 Filing 19 MOTION for Clerks Entry of Default and Status Report by Access for the Disabled, Inc., Robert Cohen, Patrick J. Kennedy. (Bacon, Thomas) Modified on 12/15/2010 with correct motion relief (lh).
December 7, 2010 Opinion or Order Filing 18 STATUS REPORT ORDER: Status Report due by 12/10/2010. Signed by Judge James I. Cohn on 12/7/2010. (lh)
December 6, 2010 Filing 17 RESPONSE TO ORDER TO SHOW CAUSE by Access for the Disabled, Inc., Robert Cohen, Patrick J. Kennedy. (Bacon, Thomas)
December 3, 2010 Filing 16 SUMMONS (Affidavit) Returned Executed by Access for the Disabled, Inc., Patrick J. Kennedy, Robert Cohen. Den 8 LLC served on 9/14/2010, answer due 10/5/2010. (Bacon, Thomas)
December 1, 2010 Opinion or Order Filing 15 ORDER TO SHOW CAUSE: Show Cause Response due by 12/6/2010. Signed by Judge James I. Cohn on 12/1/2010. (rke)
November 30, 2010 Filing 14 NOTICE of Attorney Appearance by Harry Winderman on behalf of Access for the Disabled, Inc., Robert Cohen (Winderman, Harry)
November 12, 2010 Filing 13 Statement of: Prior ADA Filings by Access for the Disabled, Inc., Robert Cohen, Patrick J. Kennedy (Bacon, Thomas)
November 12, 2010 Filing 12 Corporate Disclosure Statement by Access for the Disabled, Inc., Patrick J. Kennedy, Robert Cohen (Bacon, Thomas)
November 12, 2010 Filing 11 Notice of Pendency of Other Action by Access for the Disabled, Inc., Robert Cohen, Patrick J. Kennedy (Bacon, Thomas)
September 1, 2010 Opinion or Order Filing 10 ORDER of Dismissal without Prejudice as to Oakwood Square (E & A)LLC re #8 Notice of Voluntary Dismissal filed by Robert Cohen, Patrick J. Kennedy, Access for the Disabled, Inc.. Signed by Judge James I. Cohn on 9/1/2010. (tb)
September 1, 2010 Filing 9 Summons Issued as to Den 8 LLC. (ots)
August 31, 2010 Filing 8 NOTICE of Voluntary Dismissal (Amended) As To Oakwood Square (E & A), LLC Only by Access for the Disabled, Inc., Robert Cohen, Patrick J. Kennedy (Rose, Spencer)
August 31, 2010 Filing 7 NOTICE of Voluntary Dismissal As To Oakwood Square (E & A) LLC, Only by Access for the Disabled, Inc., Robert Cohen, Patrick J. Kennedy (Rose, Spencer)
August 30, 2010 Filing 6 Plaintiff's AMENDED COMPLAINT against Den 8 LLC, filed by Access for the Disabled, Inc., Patrick J. Kennedy, Robert Cohen. (Attachments: #1 Summon(s))(Rose, Spencer)
August 10, 2010 Filing 5 SUMMONS (Affidavit) Returned Executed by Access for the Disabled, Inc., Patrick J. Kennedy, Robert Cohen. Oakwood Square (E&A) LLC served on 8/2/2010, answer due 8/23/2010. (Rose, Spencer)
August 2, 2010 Opinion or Order Filing 4 SCHEDULING ORDER: ( Trial set for 5/23/2011 09:00 AM in Fort Lauderdale Division before Judge James I. Cohn., Calendar Call set for 5/19/2011 09:00 AM before Judge James I. Cohn.), ORDER REFERRING CASE to Magistrate Judge Barry S. Seltzer for Scheduling Matters and Pretrial Discovery Proceedings. Signed by Judge James I. Cohn on 8/2/2010. (ebs)
July 29, 2010 Filing 3 Summons Issued as to Oakwood Square (E&A) LLC. (lbc)
July 29, 2010 Filing 2 Judge Assignment RE: Electronic Complaint to Judge James I. Cohn (lbc)
July 29, 2010 Filing 1 COMPLAINT For Injunctive Relief against Oakwood Square (E&A) LLC. Filing fee $ 350.00 receipt number 113C-3050479, filed by Access for the Disabled, Inc., Patrick J. Kennedy, Robert Cohen. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Rose, Spencer)

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Plaintiff: Access for the Disabled, Inc.
Represented By: Harry Winderman
Represented By: Spencer Maurice Rose
Represented By: Thomas B. Bacon
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Plaintiff: Robert Cohen
Represented By: Harry Winderman
Represented By: Spencer Maurice Rose
Represented By: Thomas B. Bacon
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Plaintiff: Patrick J. Kennedy
Represented By: Spencer Maurice Rose
Represented By: Harry Winderman
Represented By: Thomas B. Bacon
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Defendant: Oakwood Square (E&A) LLC a Florida limited liability company doing business as Denny's Restaurant
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Defendant: Den 8 LLC
Represented By: Monica J. Williams
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