Fernandez v. The Mitchell Gold Co.
| Nelson Fernandez |
| The Mitchell Gold Co. doing business as Mitchell Gold + Bob Williams and The Mitchell Gold Co. a foreign for-profit corporation doing business as Mitchell Gold + Bob Williams |
| 9:2021cv80580 |
| March 19, 2021 |
| 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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Filing 15
ORDER CLOSING CASE Signed by Judge Donald M. Middlebrooks on 5/12/2021. See attached document for full details. (jbs)
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| Filing 14 STIPULATION of Dismissal With Prejudice (Jointly Filed) by The Mitchell Gold Co. (Attachments: #1 Text of Proposed Order)(Cruz, Edwin) |
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Filing 13
PAPERLESS ORDER granting #12 Defendant's Unopposed Motion for Extension of Time. The deadline to file the appropriate closing documents was May 3, 2021. (DE 10 ). Defendant seeks a 14-day extension, citing that "[t]he Parties are in the process of finalizing the settlement agreement in this matter, but are in need of additional time to complete the process." (DE #12 at 2). I will grant the Motion and extend the deadline to file the appropriate closing documents to May 17, 2021. However, I will not further extend this deadline absent a compelling showing of good cause supported by specific facts. Signed by Judge Donald M. Middlebrooks on 5/4/2021. (apo)
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| Filing 12 Unopposed MOTION for Extension of Time to file a Stipulation of Dismissal with Prejudice re 10 Order,,,,,,, Set/Reset Deadlines,,,,,, by The Mitchell Gold Co.. Responses due by 5/17/2021 (Attachments: #1 Text of Proposed Order)(Cruz, Edwin) |
| Filing 11 NOTICE of Attorney Appearance by Edwin Cruz on behalf of The Mitchell Gold Co.. Attorney Edwin Cruz added to party The Mitchell Gold Co.(pty:dft). (Cruz, Edwin) |
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Filing 10
PAPERLESS ORDER SETTING DEADLINE FOR FILING CLOSING DOCUMENTS OR ALTERNATIVELY, MOTION FOR FINAL DEFAULT JUDGMENT. Plaintiff has filed a Notice of Settlement in this matter. (DE #9 ). The Court congratulates the Parties on their amicable resolution of this case. Plaintiff's request for 10 days to file a Notice of Voluntary Dismissal is granted. Accordingly, appropriate closing documents must be filed no later than May 3, 2021. Moreover, I note that the record reflects that Plaintiff sought and obtained a clerk's entry of default in this matter. (DE #7 , DE #8 ). Therefore if the Parties are unable to finalize their settlement agreement and no dismissal is filed by May 3, 2021, then Plaintiff is directed to file a motion for final default judgment by that date. Pursuant to S.D. Fla. Local Rule 7.1(a)(2), motions for default judgment must be "accompanied by a proposed order that is filed and submitted via e-mail to the Court as prescribed by Section 3I(6) of the CM/ECF Administrative Procedures." Thus, in conjunction with filing any Motion for Final Default Judgment, Plaintiff must send a proposed order in Word format to the Court's e-mail in accordance with Local Rule 7.1(a)(2). Plaintiff's proposed order granting final default judgment must contain legal analysis as to the claims on which Plaintiff is seeking default and how the facts pled, taken as true, justify awarding Plaintiff default judgment. Failure to comply with this order may result in dismissal without prejudice. Signed by Judge Donald M. Middlebrooks on 4/22/2021. (kal)
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| Filing 9 NOTICE of Settlement by Nelson Fernandez (Hannah, Roderick) |
| Filing 8 Clerks Entry of Default as to The Mitchell Gold Co. - Motions Terminated: #7 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 4/19/2021. (jbs) |
| Filing 7 Plaintiff's MOTION for Clerks Entry of Default as to The Mitchell Gold Co. by Nelson Fernandez. (Hannah, Roderick) |
| Filing 6 NOTICE of Filing Discovery: Plaintiff's Responses to Court Interrogatories by Nelson Fernandez.(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. The Mitchell Gold Co. served on 3/23/2021, answer due 4/13/2021. (Hannah, Roderick) |
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Filing 4
ADA TITLE III SCHEDULING ORDER Mediation Deadline 6/15/2021. Status Report due by 6/22/2021. Signed by Judge Donald M. Middlebrooks on 3/23/2021. See attached document for full details. (jbs)
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| Filing 3 Summons Issued as to The Mitchell Gold Co. (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 The Mitchell Gold Co.. Filing fees $ 402.00 receipt number AFLSDC-14538603, filed by Nelson Fernandez. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Summon(s))(Hannah, Roderick) |
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| Defendant: The Mitchell Gold Co. doing business as Mitchell Gold + Bob Williams | |
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| Defendant: The Mitchell Gold Co. a foreign for-profit corporation doing business as Mitchell Gold + Bob Williams | |
| Represented By: | Edwin Cruz |
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| Plaintiff: Nelson Fernandez | |
| Represented By: | Roderick Victor Hannah |
| Represented By: | Pelayo M. Duran |
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