Fernandez v. AWOL Vision Technology LLC et al
| Nelson Fernandez |
| AWOL Vision Technology LLC and Safe Space Scan Technology LLC doing business as Awol Vision |
| 9:2024cv80844 |
| July 11, 2024 |
| U.S. District Court for the Southern District of Florida |
| 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 September 5, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 First AMENDED COMPLAINT against Safe Space Scan Technology LLC filed in response to Order Granting Motion for Leave, filed by Nelson Fernandez. (Attachments: #1 Exhibit)(Hannah, Roderick) |
Filing 16
PAPERLESS ORDER granting #14 Plaintiff's Unopposed Motion for Leave to File First Amended Complaint. Plaintiff seeks leave of Court to "name the proper party defendant in this case." (DE 14). Unless a party is entitled to amend as of right under the circumstances set forth in Rule 15(a)(1), "[a] party may amend its pleading only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Leave should be "freely give[n]... when justice so requires." Id. Having reviewed the Motion, I find good cause therein. The Motion is unopposed, and the liberal standard is met here. Accordingly, Plaintiff may file his First Amended Complaint. I note that Plaintiff has attached the pleading to his motion (DE 14-1), however Plaintiff must separately file it in the court record. See S.D. Fla. L.R. 15.1. The deadline for him to do so is September 9, 2024. Signed by Judge Donald M. Middlebrooks on 9/4/2024. (aad)
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| Filing 15 Clerk's Notice to Filer re #14 Unopposed Motion to Amend/Correct #1 Complaint. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (jas) |
| Filing 14 Unopposed Motion for Leave to File Amended Complaint with Incorporated Supporting Memorandum of Law re #1 Complaint by Nelson Fernandez. Responses due by 9/17/2024. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hannah, Roderick) |
| Filing 13 Summons Issued as to Safe Space Scan Technology LLC. (jas) |
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Filing 12
PAPERLESS ORDER STRIKING #10 Plaintiff's Amended Complaint. Plaintiff is outside the window of time to amend the complaint as of right. See Fed. R Civ. P. 15 (a)(1)(A). Therefore, to amend his pleading, Plaintiff must have "the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Plaintiff filed the Amended Complaint without leave or consent, therefore it is stricken. Signed by Judge Donald M. Middlebrooks on 8/29/2024. (aad)
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| Filing 11 NOTICE of Filing Proposed Summons(es) by Nelson Fernandez re #10 Amended Complaint/Amended Notice of Removal filed by Nelson Fernandez (Duran, Pelayo) |
| Filing 10 STRICKEN per DE# 12 . First AMENDED COMPLAINT against Safe Space Scan Technology LLC d/b/a AWOL Vision, d/b/a AWOL Vision, filed by Nelson Fernandez. (Attachments: #1 Exhibit A)(Hannah, Roderick) Modified text on 8/30/2024 (jas). |
| Filing 9 NOTICE of Compliance with Court's ADA Title III Scheduling Order by Nelson Fernandez re #4 Scheduling Order (Hannah, Roderick) |
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Filing 8
PAPERLESS ORDER granting in part #7 Defendant's Unopposed Motion for an Extension of Time. Defendant moves for a one-month extension of time, from August 7, 2024, to September 7, 2024. In support, Defendant cites that the extension will allow its counsel to complete an investigation of the underlying allegations of ADA violations, which are highly technical, and allow the Parties to continue conferring in good faith toward a potential resolution of this matter. In the interest of encouraging an early resolution of this case, and because this Motion is unopposed, I will grant an extension of time for Defendant to respond to the Complaint and continue its investigation; however, Defendant has not supported the month-long extension it seeks. Accordingly, I will grant the Motion in part. Defendant shall have until August 28, 2024, to respond to Plaintiff's Complaint. The Parties may, of course, continue engaging in settlement negotiations as this case progresses through the stages of litigation. I also caution counsel for Defendant that motions for extensions of time need to be filed in advance of the deadline sought to be extended. Signed by Judge Donald M. Middlebrooks on 8/8/2024. (mjn)
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| Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by AWOL Vision Technology LLC. Attorney Bryan F. DuBon added to party AWOL Vision Technology LLC(pty:dft). (DuBon, Bryan) |
| Filing 6 NOTICE of Filing Discovery: Plaintiff's Responses to Court Interrogatories by Nelson Fernandez. (Attachments: #1 Exhibit)(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. AWOL Vision Technology LLC served on 7/17/2024, response/answer due 8/7/2024. (Duran, Pelayo) |
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Filing 4
ADA TITLE III SCHEDULING ORDER: Mediation Deadline 10/9/2024. Status Report due by 10/16/2024. Signed by Judge Donald M. Middlebrooks on 7/11/2024. See attached document for full details. (caw)
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| Filing 3 Summons Issued as to AWOL Vision Technology LLC. (nwn) |
| 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. (nwn) |
| Filing 1 COMPLAINT against AWOL Vision Technology LLC. Filing fees $ 405.00 receipt number AFLSDC-17669356, filed by Nelson Fernandez. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Summon(s))(Duran, Pelayo) |
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