Fernandez v. Tervis Tumbler Company
| Nelson Fernandez |
| Tervis Tumbler Company a Florida for-profit corporation doing business as Tervis |
| 9:2020cv82246 |
| December 10, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on February 3, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 ANSWER and Affirmative Defenses to Complaint by Tervis Tumbler Company. (Irel, Monica) |
| Filing 12 Clerks Notice to Filer re #10 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#11]. It is not necessary to refile this document. (ls) |
| Filing 11 NOTICE of Filing Discovery: Responses to Court Interrogatories by Nelson Fernandez.(ls)(See Image at DE #10) |
| Filing 10 NOTICE by Nelson Fernandez of Filing Plaintiff's Responses to Court Interrogatories (Hannah, Roderick) |
Filing 9
PAPERLESS ORDER granting #8 Defendant's Motion for Extension of Time. The deadline for Defendant to respond to the Complaint was January 4, 2021. (DE #5 ). Two days after that deadline, Defendant filed this Motion, seeking a 30-day extension "to allow [] counsel adequate time to investigate the Plaintiff's allegations and prepare a response." (DE #8 ). In support, Defendant explains that it "inadvertently[]... had not recognized the deadline for the response and did not retain [] counsel until after the response date." (Id.). Defendant also represents that the Parties agree that an extension will allow them "to explore the potential for early resolution without incurring further litigation costs." (Id.). In light of the Parties' settlement discussions and the fact that the extension is unopposed, I find good cause to grant the Motion. Therefore, the deadline for Defendant to respond to the Complaint is extended to February 3, 2021. No other litigation deadlines are modified or amended as a result of this Order. I caution Defendant that should the Parties fail to amicably resolve this matter as hoped, that fact alone shall not constitute good cause to further extend this deadline. Thus, if no notice of settlement is filed before February 3, 2021, Defendant shall timely respond to the Complaint by that date. (Answer due 2/3/2021) Signed by Judge Donald M. Middlebrooks on 1/7/2021. (kal)
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| Filing 8 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Tervis Tumbler Company. Attorney Monica Liliana Irel added to party Tervis Tumbler Company(pty:dft). (Irel, Monica) |
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Filing 7
PAPERLESS ORDER granting #6 Plaintiff's Motion for Extension of Time. Plaintiff seeks a 30-day extension of all deadlines set forth in the ADA Title III Scheduling Order (DE #4 ), citing Plaintiff's recent serious health issues. (See DE #6 at 1). 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 27, 2021; Plaintiff must provide Defendant with a copy of a written report concerning any claimed ADA violations by February 8, 2021; Defendant must serve Plaintiff with a written response to Plaintiff's report concerning any claimed ADA violations by March 8, 2021; the Parties must mediate this case by April 5, 2021; the Parties must file a joint status report stating whether they have settled the case or reached an impasse by April 12, 2021; and if the Parties settle at mediation, the Parties must file appropriate dismissal documents by April 19, 2021. This order extends the deadline dates only and the Parties must refer to the original scheduling order for all other instructions. Signed by Judge Donald M. Middlebrooks on 12/29/2020. (kal)
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| Filing 6 Unopposed MOTION for Extension of Time of Deadlines of Court's ADA Title III Scheduling Order re #4 Order by Nelson Fernandez. Responses due by 1/11/2021 (Attachments: #1 Exhibit A)(Hannah, Roderick) |
| 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 Nelson Fernandez. Tervis Tumbler Company served on 12/11/2020, answer due 1/4/2021. (Hannah, Roderick) |
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Filing 4
ADA TITLE III SCHEDULING ORDER. Signed by Judge Donald M. Middlebrooks on 12/11/2020. See attached document for full details. (scn)
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| Filing 3 Summons Issued as to Tervis Tumbler Company. (scn) |
| 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. (scn) |
| Filing 1 COMPLAINT against Tervis Tumbler Company. Filing fees $ 402.00 receipt number AFLSDC-14013616, filed by Nelson Fernandez. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Summon(s))(Hannah, Roderick) |
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| Defendant: Tervis Tumbler Company a Florida for-profit corporation doing business as Tervis | |
| Represented By: | Monica Liliana Irel |
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| Plaintiff: Nelson Fernandez | |
| Represented By: | Roderick Victor Hannah |
| Represented By: | Pelayo M. Duran |
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