Fernandez v. Lord & Taylor LLC
| Nelson Fernandez |
| Lord & Taylor LLC |
| 9:2019cv81586 |
| November 22, 2019 |
| 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. ยง 12182 |
| None |
Docket Report
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This docket was last retrieved on January 16, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Reset Answer Due Deadline: Lord & Taylor LLC response due 1/27/2020. (ls)(per DE #13) |
Filing 14
PAPERLESS ORDER CANCELLING TELEPHONIC SCHEDULING CONFERENCE: In light of the parties' pending settlement #11 , the telephone conference set for January 22, 2020, at 10:30 A.M. is CANCELLED, subject to being reset if necessary. The parties are reminded that either the appropriate dismissal documents or Defendant's response to the Complaint is due on or before January 27, 2020 13 . Signed by Magistrate Judge Dave Lee Brannon on 1/16/2020. (jrz)
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Filing 13
PAPERLESS ORDER. On January 16, 2020, Plaintiff notified the Court that the Parties have settled this matter. (DE #11 ). I congratulate the Parties on reaching an amicable resolution of this case. I will require the Parties to file the appropriate closing documents by January 27, 2020. Absent exceptional circumstances, this deadline will not be extended. Additionally, 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 request to stay is denied and the Parties are advised that until a joint stipulation of dismissal is filed, the Court will expect compliance with all pretrial deadlines. However, because this case is still in its early stages and in light of the Notice of Settlement, I will grant a limited extension of time for Defendant to respond to Plaintiff's Complaint; Defendant's response to the Complaint is due by January 27, 2020. Thus, on or before January 27, 2020, the Parties must either file appropriate dismissal documents or alternatively, Defendant must respond to the Complaint. Signed by Judge Donald M. Middlebrooks on 1/16/2020. (jdr)
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Filing 12
PAPERLESS ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE. Telephone Conference set for January 22, 2020 at 10:30 A.M. 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 multiple cases per 30-minute time slot. Signed by Magistrate Judge Dave Lee Brannon on 1/16/2020. (spe)
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| Filing 11 NOTICE of Settlement by Nelson Fernandez (Hannah, Roderick) |
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Filing 10
ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon for Scheduling Conference, and Setting Trial Date. ( Calendar Call set for 7/29/2020 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 8/3/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 1/15/2020. See attached document for full details. (ls)
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| Filing 9 Corporate Disclosure Statement by Lord & Taylor LLC identifying Corporate Parent French Tote LLC, Corporate Parent Le Tote, Inc., Other Affiliate Hudson's Bay Company, Other Affiliate HBC US Propco Holdings LLC for Lord & Taylor LLC (Meier, Alexander) |
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Filing 8
PAPERLESS ORDER granting in part #7 Defendant's Unopposed Motion for Extension of Time. I previously extended Defendant's deadline to respond to the Complaint to January 13, 2020. (DE 6 ). In the present Motion, Defendant represents that its initial counsel was unable to represent Defendant because of a conflict. (DE #7 ). Defendant retained replacement counsel on January 8, 2020, and now requests a further extension to respond to the Complaint to allow replacement counsel to adequately prepare Defendant's response. (Id.). I will grant the requested extension in part; Defendant's response to Plaintiff's Complaint is due by January 21, 2020. Absent exceptional circumstances, this deadline will not be further extended. Signed by Judge Donald M. Middlebrooks on 1/8/2020. (jdr)
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| Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Lord & Taylor LLC. Attorney Alexander Charles Meier added to party Lord & Taylor LLC(pty:dft). (Meier, Alexander) |
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Filing 6
PAPERLESS ORDER granting in part #5 Agreed Motion for Extension of Time. Plaintiff served his Complaint upon Defendant on December 2, 2019, meaning Defendant's response to the Complaint was due by December 23, 2019. (DE #1 ; DE #4 ). On that deadline, Plaintiff filed the present Agreed Motion, seeking a thirty-day extension for Defendant to file its response. (DE #5 ). According to the Motion, "Defendant, through outside non-Florida counsel, has represented to Plaintiff and his counsel that it needs time to retain local Florida counsel and analyze Plaintiff's claims before preparing a response to the Complaint." (Id. at 2). I find good cause to grant the requested extension in part; Defendant's response to the Complaint is due by January 13, 2020. Signed by Judge Donald M. Middlebrooks on 12/30/2019. (jdr)
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| Filing 5 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Nelson Fernandez. (Attachments: #1 Exhibit A)(Hannah, Roderick) |
| Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Nelson Fernandez. Lord & Taylor LLC served on 12/2/2019, answer due 12/23/2019. (Hannah, Roderick) |
| Filing 3 Summons Issued as to Lord & Taylor LLC. (amb) |
| 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. (amb) |
| Filing 1 COMPLAINT against Lord & Taylor LLC. Filing fees $ 400.00 receipt number 113C-12173451, filed by Nelson Fernandez. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Summon(s))(Hannah, Roderick) |
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| Defendant: Lord & Taylor LLC | |
| Represented By: | Alexander Charles Meier |
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| Plaintiff: Nelson Fernandez | |
| Represented By: | Roderick Victor Hannah |
| Represented By: | Pelayo M. Duran |
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