Fernandez v. Rapoport's of Delray, LLC
Plaintiff: Nelson Fernandez
Defendant: Rapoport's of Delray, LLC a Florida limited liability company doing business as Burt & Max's Bar & Grille
Case Number: 9:2024cv81003
Filed: August 21, 2024
Court: US District Court for the Southern District of Florida
Presiding Judge: Raag Singhal
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12182 Americans with Disabilities Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 11, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 11, 2024 Opinion or Order Filing 16 ORDER Dismissing Case (With Prejudice) Signed by Judge Raag Singhal on 10/10/2024. See attached document for full details. (drz)
October 9, 2024 Filing 15 NOTICE of Voluntary Dismissal with Prejudice by Nelson Fernandez (Hannah, Roderick)
September 23, 2024 Opinion or Order Filing 14 ORDER ADMINISTRATIVELY CLOSING CASE. Signed by Judge Raag Singhal on 9/13/2024. See attached document for full details. (drz)
September 12, 2024 Filing 13 NOTICE of Settlement by Nelson Fernandez (Hannah, Roderick)
September 6, 2024 Opinion or Order Filing 12 PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 9/6/2024. (nni)
September 6, 2024 Filing 11 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions (and responses to motions) with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions (and responses). Motions for Extension of Time Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Labeling Exhibits on CM/ECF Exhibits to pleadings and motions shall be docketed in accordance with the Court's CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Notices of Settlement Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 9/6/2024. (nni)
September 6, 2024 Filing 10 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. (Hannah, Roderick)
September 5, 2024 Filing 9 Clerk's Notice to Filer re #7 Summons Returned Executed,. Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see 8 . It is not necessary to refile this document. (pcs)
September 5, 2024 Filing 8 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. Rapoport's of Delray, LLC served on 8/28/2024, response/answer due 9/18/2024 (See DE #7 for image). (pcs)
September 5, 2024 Filing 7 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. Rapoport's of Delray, LLC served on 8/2/2024, response/answer due 8/23/2024. (Duran, Pelayo)
August 27, 2024 Filing 6 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Nelson Fernandez (Hannah, Roderick)
August 22, 2024 Opinion or Order Filing 5 PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 8/22/2024. (nni)
August 22, 2024 Filing 4 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions (and responses to motions) with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions (and responses). Motions for Extension of Time Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Labeling Exhibits on CM/ECF Exhibits to pleadings and motions shall be docketed in accordance with the Court's CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Notices of Settlement Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 8/22/2024. (nni)
August 21, 2024 Filing 3 Summons Issued as to Rapoport's of Delray, LLC. (ar24)
August 21, 2024 Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (ar24)
August 21, 2024 Filing 1 COMPLAINT against Rapoport's of Delray, LLC. Filing fees $ 405.00 receipt number AFLSDC-17774074, filed by Nelson Fernandez. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Summon(s))(Duran, Pelayo)

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Plaintiff: Nelson Fernandez
Represented By: Roderick Victor Hannah
Represented By: Pelayo M. Duran
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Defendant: Rapoport's of Delray, LLC a Florida limited liability company doing business as Burt & Max's Bar & Grille
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