Fernandez v. Restoration Hardware, Inc.
| Nelson Fernandez |
| Restoration Hardware, Inc. |
| 9:2020cv82180 |
| November 25, 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. ยง 12182 |
| None |
Docket Report
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Filing 12
PAPERLESS ORDER GRANTING IN PART #11 Joint Motion for Extension of Time. The deadline for Plaintiff to file a notice of voluntary dismissal is January 22, 2021. (DE 10 ). The Parties seek a 10-day extension, citing "the unavailability of Defendant's representatives to approve the settlement agreement between the parties." (DE #11 ). Although the Parties' articulated basis for this extension is conclusory, I will nevertheless grant the relief in part. The deadline for Plaintiff to file a notice of voluntary dismissal is extended to January 29, 2021. In light of the pending settlement, I will extend the deadline for Plaintiff to provide Defendant with a copy of a written report concerning any claimed ADA violations to January 29, 2021. No other litigation deadlines are modified or amended as a result of this Order. Until the notice of dismissal is filed the Parties shall abide by the litigation schedule. (Miscellaneous Deadline 1/29/2021). Signed by Judge Donald M. Middlebrooks on 1/22/2021. (kal)
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| Filing 11 Joint MOTION for Extension of Time to File Dismissal Papers by Nelson Fernandez. Responses due by 2/4/2021 (Attachments: #1 Text of Proposed Order)(Hannah, Roderick) |
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Filing 10
PAPERLESS ORDER SETTING DEADLINE FOR FILING CLOSING DOCUMENTS. Plaintiff has filed a Notice of Settlement (DE #9 ), and the Court congratulates the Parties on their amicable resolution of this matter. Plaintiff's request for 10 days to file closing documents is granted. Moreover, because Defendant has not yet served "either an answer or a motion for summary judgment," the Parties need not file a joint stipulation of dismissal, as Plaintiff suggests. Fed. R. Civ. P. 41(a)(1)(A)(i). Rather, a notice of voluntary dismissal shall be sufficient to dismiss this case. Plaintiff is therefore directed to file a notice of voluntary dismissal on or before January 22, 2021. Until closing documents are filed, the Court expects compliance with all litigation deadlines. Additionally, the Parties are advised that they may move for the Court to retain jurisdiction upon closing the case if necessary to enforce the terms of their settlement agreement. (Miscellaneous Deadline 1/22/2021.) Signed by Judge Donald M. Middlebrooks on 1/13/2021. (kal)
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| Filing 9 NOTICE of Settlement by Nelson Fernandez (Hannah, Roderick) |
| Filing 8 NOTICE by Nelson Fernandez of Filing Plaintiff's Responses to Court Interrogatories (Hannah, Roderick) |
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Filing 7
PAPERLESS ORDER granting #6 Agreed Motion for Extension of Time. Plaintiff seeks, "on an agreed basis," a 30-day extension of all deadlines set forth in the ADA Title III Scheduling Order (DE #4 ), citing Plaintiff's counsel's recent serious health issues. I find good cause to grant the Motion. Accordingly, the deadlines set forth in the ADA Title III Scheduling Order (DE #4 ) are extended as follows: Plaintiff must file his answers to the Court's interrogatories by January 14, 2021; Plaintiff must provide Defendant with a copy of a written report concerning any claimed ADA violations by January 28, 2021; Defendant must serve Plaintiff with a written response to Plaintiff's report concerning any claimed ADA violations by February 25, 2021; the Parties must mediate this case by March 25, 2021; the Parties must file a joint status report stating whether they have settled the case or reached an impasse by April 1, 2021; and if the Parties settle at mediation, the Parties must file appropriate dismissal documents by April 8, 2021. Signed by Judge Donald M. Middlebrooks on 12/16/2020. (kal)
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| Filing 6 Agreed MOTION for Extension of Time 30 Day Extension of Deadlines of Court's ADA Title III Scheduling Order re #4 Scheduling Order by Nelson Fernandez. Responses due by 12/28/2020 (Attachments: #1 Exhibit A)(Hannah, Roderick) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Nelson Fernandez. Restoration Hardware, Inc. waiver sent on 12/10/2020, answer due 2/8/2021. (Hannah, Roderick) |
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Filing 4
ADA TITLE III SCHEDULING ORDER Mediation Deadline 2/23/2021. Status Report due by 3/2/2021. Signed by Judge Donald M. Middlebrooks on 12/2/2020. See attached document for full details. (jbs)
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| Filing 3 Summons Issued as to Restoration Hardware, Inc. (jbs) |
| 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. (jbs) |
| Filing 1 COMPLAINT against Restoration Hardware, Inc.. Filing fees $ 400.00 receipt number AFLSDC-13930576, filed by Nelson Fernandez. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Summon(s))(Hannah, Roderick) |
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| Defendant: Restoration Hardware, Inc. | |
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| Plaintiff: Nelson Fernandez | |
| Represented By: | Roderick Victor Hannah |
| Represented By: | Pelayo M. Duran |
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