Poschmann v. Jan Real Estate Company, Ltd. et al
| David Poschmann |
| Sushi Yama PGA, Inc., Cafe Chardonnay, Inc., Irish Invasion, Inc., Mother Nature's Pantry, PGA, Inc., Danny's Lili K's Cafe, LLC and Jan Real Estate Company, Ltd. |
| 9:2020cv80219 |
| February 13, 2020 |
| 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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Filing 75
ORDER CLOSING CASE. Signed by Judge Donald M. Middlebrooks on 6/23/2020. See attached document for full details. (cds)
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| Filing 74 STIPULATION of Dismissal by David Poschmann (Levitt, Drew) |
| Filing 73 Clerks Notice of Docket Correction re 72 STRICKEN - PAPERLESS ORDER. Please see 71 Order Per Chambers (sk) |
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Filing 72
STRICKEN - PAPERLESS ORDER. On June 18, 2020, Plaintiff filed a notice of settlement. (DE 11). I congratulate the Parties on their amicable resolution of this matter. However, I decline to stay this case. Consistent with the instructions set forth in the Pretrial Scheduling Order (DE #4 ), the Parties must file closing documents within ten (10) days of filing a notice of settlement. As this date falls on a weekend, the Parties must file closing documents on or before June 29, 2020. The court will retain jurisdiction to enforce the terms of the Parties' settlement agreement if requested to do so in the closing documents. Signed by Judge Donald M. Middlebrooks on 6/18/2020. (gts) Modified - Per Chambers on 6/19/2020 (sk).
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Filing 71
PAPERLESS ORDER. On June 12, 2020, the Parties filed a joint notice of settlement. (DE #70 ). I congratulate the Parties on their amicable resolution of this matter. Consistent with the instructions set forth in the Pretrial Scheduling Order (DE #4 ), the Parties must file closing documents within ten (10) days of filing a notice of settlement, or by June 22, 2020. The court will retain jurisdiction to enforce the terms of the Parties' settlement agreement if requested to do so in the closing documents. The Parties are further advised that the notice of settlement does not operate as a stay of this litigation. Therefore, until closing documents are filed, the Parties must comply with all litigation deadlines. Signed by Judge Donald M. Middlebrooks on 6/15/2020. (gts)
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| Filing 70 NOTICE of Settlement by David Poschmann (Levitt, Drew) |
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Filing 69
ORDER DISMISSING DEFENDANTS Irish Invasion Inc, Danny's Lili K's Cafe, LLC and Jan Real Estate Company, Ltd. Signed by Judge Donald M. Middlebrooks on 6/5/2020. See attached document for full details. (cds)
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| Filing 68 STIPULATION of Dismissal (of Jan Real Estate Company, Ltd. and Danny's Lili K's Cafe, LLC) by David Poschmann (Levitt, Drew) |
| Filing 67 Clerk's Appointment of Mediator: Pamela Perry added (cco) |
| Filing 66 Joint Request for Clerk to Appoint Mediator(Levitt, Drew) Modified on 5/27/2020 (dj). Modified to "request for Clerk to appoint mediator" per Chambers on 5/27/2020 (wc). |
| Filing 65 STATUS REPORT (Joint) by David Poschmann (Levitt, Drew) |
| Filing 64 NOTICE of Settlement by Danny's Lili K's Cafe, LLC, Jan Real Estate Company, Ltd. (Hyden, R) |
| Filing 63 STIPULATION of Dismissal (of Irish Invasion, Inc. only) by David Poschmann (Levitt, Drew) |
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Filing 62
ORDER DISMISSING CAF CHARDONNAY, INC. re #60 Stipulation of Dismissal filed by David Poschmann Signed by Judge Donald M. Middlebrooks on 5/13/2020. See attached document for full details. (cds)
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Filing 61
ORDER DISMISSING SUSHI YAMA PGA, INC. Granting #59 Motion to Approve Consent Judgment; Granting #59 Motion to Dismiss. Signed by Judge Donald M. Middlebrooks on 5/13/2020. See attached document for full details. (cds)
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| Filing 60 STIPULATION of Dismissal (of Cafe Chardonnay, Inc. Only) by David Poschmann (Levitt, Drew) |
| Filing 59 Joint MOTION to Approve Consent Judgment ( Responses due by 5/13/2020), Joint MOTION to Dismiss with Prejudice #1 Complaint, as to Defendant Sushi Yama PGA, Inc. by Sushi Yama PGA, Inc.. (Attachments: #1 Exhibit Exhibit A - Consent Decree [Fully Executed])(Chotiner, Adam) |
| Filing 58 RESPONSE to #4 Scheduling Order by Danny's Lili K's Cafe, LLC. (Hyden, R) |
| Filing 57 RESPONSE to #4 Scheduling Order by Jan Real Estate Company, Ltd.. (Hyden, R) |
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Filing 56
PAPERLESS ORDER. On April 20, 2020, the Parties filed a joint notice of settlement. (DE #55 ). I congratulate the Parties on their amicable resolution of this matter. However, I decline to grant the Parties 30 days to file closing documents. Consistent with the instructions set forth in the Pretrial Scheduling Order (DE #4 ), the Parties must file closing documents within ten (10) days of filing a notice of settlement, or by April 30, 2020. The court will retain jurisdiction to enforce the terms of the Parties' settlement agreement if requested to do so in the closing documents. The Parties are further advised that the Notice of Settlement does not operate as a stay of this litigation. Therefore, until a voluntary dismissal is filed, the Parties must comply with all litigation deadlines. Signed by Judge Donald M. Middlebrooks on 4/21/2020. (gts)
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| Filing 55 NOTICE of Settlement (Joint) by Sushi Yama PGA, Inc. (Chotiner, Adam) |
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Filing 54
PAPERLESS ORDER granting in part and denying in part #51 Motion for Extension of Time to Respond to Plaintiff's Written Report. For the reasons stated in DE 52, the deadline is extended until April 21, 2020. Signed by Judge Donald M. Middlebrooks on 4/16/2020. (gts)
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Filing 53
PAPERLESS ORDER granting in part and denying in part #50 Motion for Extension of Time to Respond to Plaintiff's Written Report. For the reasons stated in DE 52, the deadline is extended until April 21, 2020. Signed by Judge Donald M. Middlebrooks on 4/16/2020. (gts)
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Filing 52
PAPERLESS ORDER granting in part and denying in part #49 Defendant Sushi Yama's Unopposed Motion for Extension of Time to Respond to Plaintiff's Written Report. Plaintiff seeks a 14-day extension of this deadline, and states in support that its progress has been slowed due to the COVID-19 pandemic, which has required its counsel to work from home and has required Sushi Yama to modify its restaurant service. As discussed in my previous paperless order (DE 41 ), it is not clear how restrictions on restaurants, or the pandemic more generally, impact the Parties' ability to comply with the deadlines in this litigation. Accordingly, Defendant Sushi Yama is reminded that in future motions for extension of time it must state with specificity the challenges and obstacles preventing timely compliance, rather than discussing the pandemic more broadly. Further, Defendant Sushi Yama is reminded that, in the future, motions for extensions of time must be filed in advance of the deadline sought to be extended. With all of this in mind, I find good cause to grant the motion in part. Accordingly, Defendant Sushi Yama shall respond to Plaintiff's written report on or before April 21, 2020. As the circumstances described by Defendant Sushi Yama are generally applicable to all Defendants, I find that this extension should apply to all Defendants. All Defendants are hereby advised that if, in the future, they seek an extension of the same deadline for roughly the same reason, it is appropriate to file that request jointly. Finally, the Parties are reminded that they may consent to the jurisdiction of United States Magistrate Judge Dave Lee Brannon, who generally allows the Parties great flexibility in setting the course and schedule, including the trial date, of their case. Signed by Judge Donald M. Middlebrooks on 4/16/2020. (gts)
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| Filing 51 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #4 Scheduling Order by Jan Real Estate Company, Ltd.. (Hyden, R) |
| Filing 50 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #4 Scheduling Order by Danny's Lili K's Cafe, LLC. (Hyden, R) |
| Reset Deadlines Per DE#52. Responses due by 4/21/2020 (cqs) |
| Filing 49 Unopposed MOTION for Extension of Time to Serve ADA Report Required by ECF No. 4 re #4 Scheduling Order by Sushi Yama PGA, Inc.. Responses due by 4/29/2020 (Attachments: #1 Text of Proposed Order Proposed Order)(Chotiner, Adam) |
| Filing 48 ANSWER and Affirmative Defenses to Complaint by Sushi Yama PGA, Inc.. (Chotiner, Adam) |
| Filing 47 ANSWER and Affirmative Defenses to Complaint by Danny's Lili K's Cafe, LLC. (Hyden, R) |
| Filing 46 ANSWER and Affirmative Defenses to Complaint by Jan Real Estate Company, Ltd.. (Hyden, R) |
| Filing 45 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Irish Invasion, Inc. (Clark, Terron) |
| Filing 44 ANSWER and Affirmative Defenses to Complaint by Irish Invasion, Inc.. (Clark, Terron) |
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Filing 43
PAPERLESS ORDER granting in part and denying in part #38 Motion for Extension of Time to Mediate. For the reasons discussed in DE 41, the mediation deadline is extended until June 11, 2020. Signed by Judge Donald M. Middlebrooks on 4/3/2020. (gts)
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Filing 42
PAPERLESS ORDER granting in part and denying in part #35 Motion for Extension of Time to Mediate. For the reasons discussed in DE 41 , the mediation deadline is extended until June 11, 2020. Mediation Deadline 6/11/2020. Signed by Judge Donald M. Middlebrooks on 4/3/2020. (gts)
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Filing 41
PAPERLESS ORDER granting in part #32 Defendant Irish Invasion's Unopposed Motion for Extension of the Mediation Deadline. Defendant seeks a 60-day extension of the mediation deadline and states in support that COVID-19 has delayed progress in this case, particularly in light of the order imposing restrictions on restaurants. Understanding the widescale business disruption caused by the pandemic, I know that delays are inevitable and I intend to be responsive to the Parties' needs in this regard. However, I do not find that Defendant has stated with specificity why restrictions on restaurants, or the pandemic more generally, should impact its ability to investigate Plaintiff's claims for the purposes of conducting mediation. Out of an abundance of caution, I will grant a four-week extension. As this extension is based on the pandemic generally, which is impacting all Defendants, I find that it is most appropriate to extend this deadline for all Defendants. Accordingly, all Defendants will be granted an extension of the mediation deadline until June 11, 2020. If any Party wishes to seek a further extension of this deadline, they may file a renewed motion. The moving party should keep in mind that the court has an interest in maintaining its docket as efficiently as practicable. Therefore, I must be able to evaluate the impact of the pandemic on a case by case basis. This means that in any future motion for extension, the moving party must describe the specific challenges and obstacles preventing timely compliance, rather than discussing the pandemic more broadly. Signed by Judge Donald M. Middlebrooks on 4/3/2020. (gts)
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Filing 40
PAPERLESS ORDER denying without prejudice #31 Defendant Irish Invasion's Unopposed Second Motion for Extension of Time to Respond to Defendant's Complaint. Defendant states that due to delays caused by COVID-19, it is unable to respond to Plaintiff's Complaint (DE #1 ) by the April 9, 2020 deadline. Understanding the widescale business disruption caused by the pandemic, I know that delays are inevitable and I intend to be responsive to the Parties' needs in this regard. However, as I have already granted a significant extension of this deadline, I am not inclined to grant a further extension at this time, particularly as this case appears to be a relatively straightforward ADA case without novel or complex issues. In the time remaining before the deadline, Defendant should diligently endeavor to respond to Plaintiff's Complaint. If Defendant is unable to do so, Defendant may file a renewed motion. In so moving, Defendant should keep in mind that the court has an interest in maintaining its docket as efficiently as practicable. Therefore, I must be able to evaluate the impact of the pandemic on a case by case basis. This means that in any future motion for extension, Defendant must describe the specific challenges and obstacles preventing timely compliance, rather than discussing the pandemic more broadly. Signed by Judge Donald M. Middlebrooks on 4/3/2020. (gts)
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| Filing 39 ANSWER and Affirmative Defenses to Complaint by Mother Nature's Pantry, PGA, Inc.. (Shulby, Todd) |
| Filing 38 Unopposed MOTION for Extension of Time to Mediate by Danny's Lili K's Cafe, LLC. (Hyden, R) |
| Filing 37 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Danny's Lili K's Cafe, LLC (Hyden, R) |
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Filing 36
PAPERLESS ORDER clarifying my prior order. DE 33 extends the response deadline for Danny's Lili K's Cafe only and does not affect any deadlines for other Defendants, including Defendant Mother Nature's Pantry. Signed by Judge Donald M. Middlebrooks on 4/2/2020. (gts)
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| Filing 35 Unopposed MOTION for Extension of Time to Mediate by Jan Real Estate Company, Ltd.. (Hyden, R) |
| Filing 34 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Jan Real Estate Company, Ltd. (Hyden, R) |
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Filing 33
PAPERLESS ORDER granting #30 Defendant Danny's Lili K's Cafe's Unopposed Motion for Extension of Time. Defendant seeks an extension of the deadline to respond to Plaintiff's Complaint (DE #1 ) and states in support that counsel has only recently been obtained, and thus additional time is needed to prepare a response. I find good cause to grant the requested extension. Accordingly, Defendant Mother Nature's Pantry shall respond to Plaintiff's Complaint on or before April 9, 2020. Signed by Judge Donald M. Middlebrooks on 4/1/2020. (gts)
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| Filing 32 Unopposed MOTION for Extension of Time Extension of Time to Mediate re #4 Scheduling Order by Irish Invasion, Inc.. Responses due by 4/14/2020 (Attachments: #1 Exhibit Exhibit A)(Clark, Terron) |
| Filing 31 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Irish Invasion, Inc.. (Attachments: #1 Exhibit Exhibit A)(Clark, Terron) |
| Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Danny's Lili K's Cafe, LLC. Attorney R Gregory Hyden added to party Danny's Lili K's Cafe, LLC(pty:dft). (Hyden, R) |
| Filing 29 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by David Poschmann. Danny's Lili K's Cafe, LLC served on 2/20/2020, answer due 3/12/2020. (Sarkin, Lee) |
| Filing 28 CLERK'S NOTICE - Attorney Admissions has not updated address information for attorney R. Gregory Hyden re #27 Notice of Change of Address. After filing a Notice of Change of Address, Attorney R. Gregory Hyden is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. (cco) |
| Filing 27 NOTICE of Change of Address by R Gregory Hyden (Hyden, R) |
| Filing 26 Notice of Pending, Refiled, Related or Similar Actions by Mother Nature's Pantry, PGA, Inc. (Shulby, Todd) |
| Filing 25 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Mother Nature's Pantry, PGA, Inc. (Shulby, Todd) |
| Filing 24 NOTICE of Attorney Appearance by Todd William Shulby on behalf of Mother Nature's Pantry, PGA, Inc. (Shulby, Todd) |
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Filing 23
PAPERLESS ORDER granting #22 Defendant Mother Nature's Pantry's Motion for Extension of Time. Defendant seeks a 14-day extension of the deadline to respond to Plaintiff's Complaint (DE #1 ) and states in support that counsel has only recently been obtained, and thus additional time is needed to prepare a response. I find good cause to grant the requested extension. Accordingly, Defendant Mother Nature's Pantry shall respond to Plaintiff's Complaint on or before April 2, 2020. No further extensions of this deadline will be granted absent a compelling showing of good cause. Signed by Judge Donald M. Middlebrooks on 3/20/2020. (gts)
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| Reset Deadliness Mother Nature's Pantry, PGA, Inc. answer due 4/2/2020 Per DE#23. (cqs) |
| Filing 22 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Mother Nature's Pantry, PGA, Inc.. Attorney Todd William Shulby added to party Mother Nature's Pantry, PGA, Inc.(pty:dft). (Shulby, Todd) |
| Filing 21 ANSWER and Affirmative Defenses to Complaint by Cafe Chardonnay, Inc.. Attorney Justin Canner Sorel added to party Cafe Chardonnay, Inc.(pty:dft). (Sorel, Justin) |
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Filing 20
PAPERLESS ORDER granting #18 Defendant Sushi Yama's Unopposed Motion for Extension of Time. Defendant seeks a 30-day extension of the deadline to respond to Plaintiff's Complaint (DE #1 ) and states in support that counsel has only recently been obtained, and thus additional time is needed to prepare a response. I find good cause to grant the requested extension. Accordingly, Defendant Sushi Yama shall respond to Plaintiff's Complaint on or before April 10, 2020. No further extensions of this deadline will be granted absent a compelling showing of good cause. Signed by Judge Donald M. Middlebrooks on 3/11/2020. (gts)
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Filing 19
PAPERLESS ORDER granting #14 Defendant Jan Real Estate Company's Unopposed Motion for Extension of Time. Defendant seeks a 30-day extension of the deadline to respond to Plaintiff's Complaint (DE #1 ) and states in support that counsel has only recently been obtained and that there is a possibility that Defendant's representative may be quarantined. I find good cause to grant the requested extension. Accordingly, Defendant Jan Real Estate Company shall respond to Plaintiff's Complaint on or before April 9, 2020. No further extensions of this deadline will be granted absent a compelling showing of good cause. Signed by Judge Donald M. Middlebrooks on 3/11/2020. (gts)
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| Reset Deadlines Sushi Yama PGA, Inc. answer due 4/10/2020 Per DE#20. (cqs) |
| Reset Deadlines Jan Real Estate Company, Ltd. answer due 4/9/2020 Per DE#19. (cqs) |
| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Sushi Yama PGA, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Chotiner, Adam) |
| Filing 17 NOTICE of Attorney Appearance by Adam S. Chotiner on behalf of Sushi Yama PGA, Inc.. Attorney Adam S. Chotiner added to party Sushi Yama PGA, Inc.(pty:dft). (Chotiner, Adam) |
| Filing 16 Clerks Notice to Filer re #14 Unopposed MOTION for Extension of Time to file a responsive pleading to the complaint re #1 Complaint,. Wrong Motion Relief(s) Selected; 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. (ls) |
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Filing 15
ORDER ON MOTION FOR EXTENSION OF TIME. Striking #13 Motion for Extension of Time to File Response/Reply/Answer. Signed by Judge Donald M. Middlebrooks on 3/9/2020. See attached document for full details. (cds)
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| Filing 14 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Jan Real Estate Company, Ltd.. Attorney R Gregory Hyden added to party Jan Real Estate Company, Ltd.(pty:dft). Responses due by 3/24/2020 (Hyden, R) Modified Relief on 3/10/2020 (ls). |
| Filing 13 (STRICKEN PER DE#15 ) Unopposed MOTION for Extension of Time to File Response as to #1 Complaint, by Danny's Lili K's Cafe, LLC. (cds) Text Modified on 3/10/2020 (cds). |
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Filing 12
PAPERLESS ORDER granting #11 Defendant Irish Invasion Inc.'s Unopposed Motion for Extension of Time. Defendant seeks a 30-day extension of the deadline to respond to Plaintiff's Complaint (DE #1 ) and states in support that counsel has only recently been obtained, and thus additional time is needed to prepare a response. I find good cause to grant the requested extension. Accordingly, Defendant Irish Invasion shall respond to Plaintiff's Complaint on or before April 9, 2020. No further extensions of this deadline will be granted absent a compelling showing of good cause. Signed by Judge Donald M. Middlebrooks on 3/6/2020. (gts)
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| Reset Deadlines Irish Invasion, Inc. answer due 4/9/2020 Per DE#12. (cqs) |
| Filing 11 Defendant's MOTION for Extension of Time to Respond to Plaintiff's Complaint re #1 Complaint, by Irish Invasion, Inc.. Attorney Terron Lemonte Clark added to party Irish Invasion, Inc.(pty:dft). Responses due by 3/19/2020 (Attachments: #1 Text of Proposed Order [proposed] Order)(Clark, Terron) |
| Filing 10 Statement of: "Answers to Court's Interrogatories" by David Poschmann re #4 Scheduling Order (Sarkin, Lee) |
| 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 David Poschmann. Mother Nature's Pantry, PGA, Inc. served on 2/18/2020, answer due 3/10/2020. (Levitt, Drew) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by David Poschmann. Cafe Chardonnay, Inc. served on 2/20/2020, answer due 3/12/2020. (Levitt, Drew) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by David Poschmann. Jan Real Estate Company, Ltd. served on 2/18/2020, answer due 3/10/2020. (Levitt, Drew) |
| 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 David Poschmann. Irish Invasion, Inc. served on 2/18/2020, answer due 3/10/2020. (Levitt, Drew) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by David Poschmann. Sushi Yama PGA, Inc. served on 2/19/2020, answer due 3/11/2020. (Levitt, Drew) |
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Filing 4
ADA TITTLE III SCHEDULING ORDER: Mediation Deadline 5/14/2020. Joint Status Report due by 5/21/2020. Signed by Judge Donald M. Middlebrooks on 2/19/2020. See attached document for full details. (cds)
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| Filing 3 Summons Issued as to Cafe Chardonnay, Inc., Danny's Lili K's Cafe, LLC, Irish Invasion, Inc., Jan Real Estate Company, Ltd., Mother Nature's Pantry, PGA, Inc., Sushi Yama PGA, Inc.. (cds) |
| 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. (cds) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-12451739, filed by David Poschmann. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s), #7 Summon(s))(Sarkin, Lee) |
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