Cohan v. First Watch Restaurants, Inc.
Plaintiff: Howard Cohan
Defendant: First Watch Restaurants, Inc.
Case Number: 9:2023cv81137
Filed: August 11, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Donald M Middlebrooks
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. ยง 12182 Americans with Disabilities Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2023 Opinion or Order Filing 12 PAPERLESS ORDER SETTING DEADLINE TO FILE CLOSING DOCUMENTS. The Parties notified the Court that they have settled this matter (DE #11 ), and the Court congratulates them on reaching an amicable resolution of this case. The Parties request thirty days to file the appropriate closing documents due to the upcoming holidays. I will grant some additional time, but the Notice does not sufficiently explain the need for a full month. The Parties shall file appropriate closing documents no later than December 8, 2023. Although the Parties additionally request that they be excused from "fil[ing] any further responses, motions and/or pleadings," my review of the record does not reveal that any filings are due between now and December 8th. Nonetheless if the Parties seek relief from a particular deadline they may file a motion. Signed by Judge Donald M. Middlebrooks on 11/21/2023. (kid)
November 20, 2023 Filing 11 NOTICE of Settlement by Howard Cohan (Sconzo, Gregory)
September 25, 2023 Filing 10 Corporate Disclosure Statement by First Watch Restaurants, Inc. identifying Corporate Parent First Watch Restaurant Group, Inc. for First Watch Restaurants, Inc. (Ackerbaum Cox, Joyce)
September 25, 2023 Filing 9 ANSWER and Affirmative Defenses to Complaint by First Watch Restaurants, Inc.. (Ackerbaum Cox, Joyce)
September 15, 2023 Opinion or Order Filing 8 PAPERLESS ORDER granting in part #7 Defendant's Unopposed Motion for Extension of Time. Defendant seeks to extend the deadline to file a response to Plaintiff's complaint from September 13, 2023, to October 4, 2023. Motions for extension of time must set forth good cause supported by specific facts. Defendant cites that counsel was "recently retained" and is still "gathering information relating to Plaintiff's claims." The motion is lacking in details and does not provide me with sufficient information to determine whether the good cause standard is met. However I note that the requested extension is unopposed by Plaintiff and in the interest of efficiency I will grant the Defendant's motion in part. Defendant has until September 25, 2023 to file a response to Plaintiff's complaint. I caution counsel that future motions to extend filing deadlines must be better supported. Signed by Judge Donald M. Middlebrooks on 9/15/2023. (kal)
September 12, 2023 Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by First Watch Restaurants, Inc.. Attorney Joyce Ackerbaum Cox added to party First Watch Restaurants, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Ackerbaum Cox, Joyce)
September 1, 2023 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 Howard Cohan. First Watch Restaurants, Inc. served on 8/23/2023, response/answer due 9/13/2023. (Sconzo, Gregory)
August 22, 2023 Filing 5 Plaintiff's RESPONSE Responding to the Court's Interrogatories by Howard Cohan. (Attachments: #1 Exhibit Photographs, #2 Exhibit PACER Search, #3 Exhibit Prior Complaint and Dismissal)(Sconzo, Gregory)
August 14, 2023 Opinion or Order Filing 4 ADA TITLE III SCHEDULING ORDER: (Joint Status Report due by 11/20/2023.) Mediation Deadline 11/13/2023. Signed by Judge Donald M. Middlebrooks on 8/14/2023. See attached document for full details. (gqa)
August 11, 2023 Filing 3 Summons Issued as to First Watch Restaurants, Inc. (wce)
August 11, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (wce)
August 11, 2023 Filing 1 COMPLAINT against First Watch Restaurants, Inc.. Filing fees $ 402.00 receipt number AFLSDC-16835785, filed by Howard Cohan. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Sconzo, Gregory)

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Plaintiff: Howard Cohan
Represented By: Gregory Steven Sconzo
Represented By: Samantha Lyn Simpson
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Defendant: First Watch Restaurants, Inc.
Represented By: Joyce Ackerbaum Cox
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