Cohan v. Green Sapphire Hospitality LLC
| Howard Cohan |
| Green Sapphire Hospitality LLC a Foreign Limited Liability Company doing business as Embassy Suites Boca Raton |
| 9:2023cv81272 |
| September 15, 2023 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| 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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This docket was last retrieved on November 14, 2023. A more recent docket listing may be available from PACER.
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| Calendar Call and Jury Trial before Judge Middlebrooks terminated per DE #17 Order of Reference to Magistrate Judge William Matthewman for all further proceedings including trial and entry of judgment. Judge Donald M. Middlebrooks no longer assigned as presider judge in case. (ar2) |
Filing 18
PAPERLESS ORDER SETTING DEADLINE TO FILE CLOSING DOCUMENTS: The Court has reviewed the parties' Joint Notice of Settlement [DE 16], which advises that the parties have settled this matter. The Court congratulates the parties on reaching an amicable resolution of this case. The parties shall file an appropriate joint stipulation of voluntary dismissal signed by all parties in accordance with Federal Rule of Civil Procedure 41(a)(1)(A)(ii) by or before December 4, 2023 by 5:00 PM. Should the parties wish, they may request for the Court to retain jurisdiction to enforce the terms of their settlement agreement. All pending pretrial deadlines are hereby stayed until December 4, 2023. If the parties fail to timely file the dismissal papers, the Court will promptly set a status conference and thereafter issue a new scheduling order. Signed by Magistrate Judge William Matthewman on 11/8/2023. (no00)
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Filing 17
ORDER OF REFERENCE to Magistrate Judge William Matthewman for all further proceedings including trial and entry of judgment. Judge Donald M. Middlebrooks no longer assigned as presider judge(s) in case. Signed by Judge Donald M. Middlebrooks on 11/7/2023. See attached document for full details. (ebz)
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| Filing 16 NOTICE of Settlement filed Jointly by Green Sapphire Hospitality LLC (Lindberg, Merry) |
| Filing 15 Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Green Sapphire Hospitality LLC (Lindberg, Merry) |
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Filing 14
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 11/30/2023., Discovery due by 3/21/2024., Joinder of Parties due by 11/30/2023., In Limine Motions due by 4/4/2024., Dispositive Motions due by 4/4/2024., Motions due by 4/4/2024., Pretrial Stipulation due by 5/6/2024., Jury Trial set for 6/3/2024 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 5/29/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 10/27/2023. See attached document for full details. (nan) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 13 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 10/27/2023. The Court discussed whether parties would be added, there are no motions pending, the trial period, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached, the local rules, discovery, and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 22 minutes. Attorney Appearance(s): Samantha Lyn Simpson, Merry Ellen Lindberg. (Digital 11:01:32) (swr) |
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Filing 12
ORDER GRANTING DEFENDANT'S COUNSEL'S MOTION TO WITHDRAW. ORDER granting #11 Motion to Withdraw as Attorney. Todd William Shulby representing Green Sapphire Hospitality LLC (Defendant) withdrawn from case. Signed by Judge Donald M. Middlebrooks on 10/25/2023. See attached document for full details. (nan)
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| Filing 11 MOTION to Withdraw as Attorney by Todd W. Shulby for / by Green Sapphire Hospitality LLC. Responses due by 11/7/2023 (Shulby, Todd) |
| Filing 10 NOTICE of Attorney Appearance by Merry Ellen Lindberg on behalf of Green Sapphire Hospitality LLC. Attorney Merry Ellen Lindberg added to party Green Sapphire Hospitality LLC(pty:dft). (Lindberg, Merry) |
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Filing 9
PAPERLESS ORDER granting in part #8 Defendant's Unopposed Motion for Extension of Time. Defendant seeks an extension of time to respond to the Complaint from October 18, 2023, to November 16, 2023. In support, Defendant represents that Defendant's counsel was retained on October 16, 2023 and needs additional time "to confer with the client, gather more information about the property, investigate Plaintiff's claims and Defendant's potential defenses, and to prepare a response." (DE 8). Motions for extension of time must set forth good cause supported by specific facts. The motion is lacking in detail and fails to support a full 30-day extension. However, since the relief is unopposed and supported by some facts, including the date of counsel's very recent retention, I will grant Defendant until November 6, 2023 to respond to the Complaint. Signed by Judge Donald M. Middlebrooks on 10/18/2023. (kal)
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| Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Green Sapphire Hospitality LLC. (Attachments: #1 Text of Proposed Order)(Shulby, Todd) |
| Filing 7 NOTICE of Attorney Appearance by Todd William Shulby on behalf of Green Sapphire Hospitality LLC. Attorney Todd William Shulby added to party Green Sapphire Hospitality LLC(pty:dft). (Shulby, Todd) |
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Filing 6
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 10/27/2023 at 11:00 AM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 10/11/2023. (no00)
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| 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 Howard Cohan. Green Sapphire Hospitality LLC served on 9/27/2023, response/answer due 10/18/2023. (Sconzo, Gregory) |
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Filing 4
ORDER REFERRING CASE AND SETTING TRIAL DATE. ORDER REFERRING CASE to Magistrate Judge William Matthewman for to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request. with notices (NEFs for Events only) for all filings in case., SCHEDULING ORDER: ( Jury Trial set for 6/3/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 5/29/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 9/26/2023. See attached document for full details. (nan) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 3 Summons Issued as to Green Sapphire Hospitality LLC. (nan) |
| 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. (nan) |
| Filing 1 COMPLAINT against Green Sapphire Hospitality LLC. Filing fees $ 402.00 receipt number AFLSDC-16921529, filed by Howard Cohan. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit Prior Settlement Agreement)(Sconzo, Gregory) |
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