Spence v. Pizza Pans, LLC
| Garfield Spence |
| Pinewood Palm Beach Retail, LLC, Principal Real Estate Investors, LLC, Ace Lube Centers, LLC, Pizza Pans, LLC and Pizza Pans, LLC doing business as Pizza Panz Pizza |
| 9:2018cv81652 |
| December 4, 2018 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12182 Americans with Disabilities Act |
| None |
Docket Report
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This docket was last retrieved on March 13, 2019. A more recent docket listing may be available from PACER.
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Filing 28
ORDER CLOSING CASE. The Clerk of Court shall CLOSE this CASE and DENY all pending motions AS MOOT. Signed by Judge Donald M. Middlebrooks on 3/12/2019. See attached document for full details. (kpe)
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| Filing 27 STIPULATION of Dismissal Joint - Dismissal of Defendants, Principal Real Estate Investors, LLC and Pinewood Palm Beach Retails, LLC, with Prejudice by Garfield Spence (Schapiro, Douglas) |
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Filing 26
PAPERLESS ORDER REGARDING NONCOMPLIANCE WITH DEADLINE. On February 25, 2019, pursuant to a notice of settlement, I entered an Order requiring Plaintiff and Defendants Principal Real Estate Investors, LLC and Pinewood Palm Beach Retail, LLC to file appropriate dismissal documents by March 4, 2019. (DE 23 ). No dismissal documents were filed, and therefore this deadline is extended to March 11, 2019. The Parties are reminded that their pending settlement does not stay this litigation. Until closing documents are filed, all pretrial deadlines will remain in effect. Signed by Judge Donald M. Middlebrooks on 3/5/2019. (mbt)
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Filing 25
Order Dismissing Party Ace Lube Centers, LLC. Signed by Judge Donald M. Middlebrooks on 2/25/2019. See attached document for full details. (kpe)
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Filing 24
ORDER Dismissing Party Pizza Pans, LLC. Signed by Judge Donald M. Middlebrooks on 2/25/2019. See attached document for full details. (kpe)
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Filing 23
PAPERLESS ORDER. Plaintiff has advised the Court that he has reached a settlement with Defendants Principal Real Estate Investors, LLC and Pinewood Palm Beach Retail, LLC. (DE #20 ). The Parties are congratulated on the amicable resolution of this matter. Pursuant to the Pretrial Scheduling Order (DE #17 ), the Parties are directed to file appropriate closing documents within ten days, or by March 4, 2019. The Court will retain jurisdiction to enforce the terms of the Parties' settlement agreement if requested to do so before closing the case. The Parties are advised that the Notice of Settlement does not stay this litigation and the court will expect compliance with all pretrial deadlines until closing documents are filed. Signed by Judge Donald M. Middlebrooks on 2/25/2019. (mbt)
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| Filing 22 STIPULATION Joint - to Approve Consent Decree and Dismiss Defendant, Pizza Pans, LLC, with Prejudice by Garfield Spence (Attachments: #1 Exhibit Consent Decree, #2 Text of Proposed Order)(Schapiro, Douglas) |
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Filing 21
PAPERLESS ORDER. A sua sponte review of the docket reflects that service was executed upon Defendant Pizza Pans, LLC and that the deadline for Defendant Pizza Pans, LLC to respond to the Complaint has passed (DE #7 ). To date, Defendant Pizza Pans, LLC has not filed a response to the Complaint, and no attorney has appeared on its behalf. Accordingly, Plaintiff shall, by February 28, 2019, file a status report with the Court to clarify the record and explain how the case is proceeding with respect to Defendant Pizza Pans, LLC. The status report should address whether Plaintiff intends to move for clerk's entry of default, given the present posture of the case. Signed by Judge Donald M. Middlebrooks on 2/22/2019. (kal)
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| Filing 20 NOTICE of Settlement between Plaintiff and Principal Real Estate Investors, LLC and Pinewood Palm Beach Retail, LLC by Garfield Spence (Schapiro, Douglas) |
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Filing 19
PAPERLESS ORDER granting #18 Unopposed Motion for Extension of Time. The deadline for the Parties to file their discovery plan is extended to February 26, 2019. No other deadlines are modified or extended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 2/20/2019. (kal)
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| Filing 18 Unopposed MOTION for Extension of Time to file discovery plan re #17 Scheduling Order,,,, Order Referring Case to Mediation,,, by Pinewood Palm Beach Retail, LLC, Principal Real Estate Investors, LLC. Responses due by 3/4/2019 (Attachments: #1 Text of Proposed Order)(Robinson, Carrie) |
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Filing 17
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 3/18/2019., Discovery due by 6/24/2019., Joinder of Parties due by 3/18/2019., In Limine Motions due by 7/22/2019., Dispositive Motions due by 7/22/2019., Motions due by 7/22/2019., Pretrial Stipulation due by 9/3/2019., Jury Trial set for 9/30/2019 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 9/25/2019 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Magistrate Judge Dave Lee Brannon on 1/29/2019. See attached document for full details. (kpe) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 16 PAPERLESS MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Telephonic Scheduling Conference held on 1/29/2019. Appearances: Douglas Schapiro, Esq. for Plaintiff | Bill Salim, Jr., Esq. for Defendant Ace Lube Centers; Carrie Robinson, Esq. present for Defendants Principal Real Estate Investors and Pinewood Palm Beach Retail. Pretrial and scheduling matters discussed. Scheduling Order to follow. (Time in Court: 11 mins. | Digital: 15:00:03) (jrz) |
| Filing 15 STIPULATION Joint to Approve Consent Decree and Dismiss Defendant, Ace Lube Centers, LLC, with Prejudice by Garfield Spence (Attachments: #1 Exhibit Consent Decree, #2 Text of Proposed Order)(Schapiro, Douglas) |
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Filing 14
PAPERLESS ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE. Telephone Conference set for 1/29/2019 at 3:00 PM in West Palm Beach Division before U.S. Magistrate Judge Dave Lee Brannon. At that time, the parties shall call (888) 808-6929 and enter access code 2036573. Any motions to modify the existing trial date should be filed prior to the telephonic scheduling conference. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)s conference report requirement. The parties must be prepared at their assigned time but may have to wait 10-20 minutes before their conference begins, as the Court sets three cases per 30-minute time slot. Signed by Magistrate Judge Dave Lee Brannon on 1/23/2019. (spe)
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Filing 13
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 9/30/2019 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 9/25/2019 01:15 PM before Judge Donald M. Middlebrooks.), Signed by Judge Donald M. Middlebrooks on 1/23/2019. See attached document for full details. (kpe) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 12 ANSWER and Affirmative Defenses to Complaint by Pinewood Palm Beach Retail, LLC, Principal Real Estate Investors, LLC. (Robinson, Carrie) |
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Filing 11
PAPERLESS ORDER granting #9 Unopposed Motion for Extension of Time, and granting #10 Unopposed Motion for Extension of Time. The deadline for Defendants Ace Lube Centers, LLC, Principal Real Estate Investors, LLC and Pinewood Palm Beach Retail LLC to respond to Plaintiff's Complaint (DE #1 ) is extended to January 15, 2019. No other deadlines are modified or extended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 1/2/2019. (kal)
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| Filing 10 Unopposed MOTION for Extension of Time respond to complaint re #1 Complaint,, by Pinewood Palm Beach Retail, LLC, Principal Real Estate Investors, LLC. Attorney Carrie Stolzer Robinson added to party Pinewood Palm Beach Retail, LLC(pty:dft), Attorney Carrie Stolzer Robinson added to party Principal Real Estate Investors, LLC(pty:dft). Responses due by 1/10/2019 (Attachments: #1 Text of Proposed Order)(Robinson, Carrie) |
| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by Ace Lube Centers, LLC. (Attachments: #1 Text of Proposed Order)(Salim, William) |
| Filing 8 NOTICE of Attorney Appearance by William George Salim, Jr on behalf of Ace Lube Centers, LLC. Attorney William George Salim, Jr added to party Ace Lube Centers, LLC(pty:dft). (Salim, William) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by Garfield Spence. Pizza Pans, LLC served on 12/6/2018, answer due 12/27/2018. (Schapiro, Douglas) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by Garfield Spence. Ace Lube Centers, LLC served on 12/5/2018, answer due 12/26/2018. (Schapiro, Douglas) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by Garfield Spence. Pinewood Palm Beach Retail, LLC served on 12/6/2018, answer due 12/27/2018. (Schapiro, Douglas) |
| Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by Garfield Spence. Principal Real Estate Investors, LLC served on 12/6/2018, answer due 12/27/2018. (Schapiro, Douglas) |
| Filing 3 Summons Issued as to Ace Lube Centers, LLC, Pinewood Palm Beach Retail, LLC, Pizza Pans, LLC, Principal Real Estate Investors, LLC. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (kpe) |
| Filing 1 COMPLAINT Injunctive Relief Sought against Ace Lube Centers, LLC, Pinewood Palm Beach Retail, LLC, Pizza Pans, LLC, d/b/a Pizza Panz Pizza, Principal Real Estate Investors, LLC. Filing fees $ 400.00 receipt number 113C-11211049, filed by Garfield Spence. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Ace Lube Centers, LLC, #3 Summon(s) Pinewood Palm Beach Retail, LLC, #4 Summon(s) Pizza Pans, LLC, #5 Summon(s) Principal Real Estate Investors, LLC, #6 Certification)(Schapiro, Douglas) |
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