Brito v. DEZER INTRACOASTAL MALL LLC et al
| Florida Southern District Court | |
| Judge: | Kathleen M Williams |
| Referred: | Jonathan Goodman |
| Case #: | 1:24-cv-22735 |
| Nature of Suit | 446 Civil Rights - Amer w/Disabilities - Other |
| Cause | 42:12182 Americans with Disabilities Act |
| Case Filed: | Jul 17, 2024 |
| Last checked: Saturday Aug 31, 2024 8:32 AM EDT |
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Defendant
DEZER INTRACOASTAL MALL LLC
18001 Collins Ave 31st Floor Sunny Isles Beach
Miami Dade, FL 33160 |
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Defendant
POMODOROS PIZZA SUBS AND MORE I CORP.
3737 NE 163rd Street
North Miami Beach, FL 33160 |
Represented By
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Plaintiff
CARLOS BRITO
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Represented By
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| Docket last updated: 09/06/2024 11:59 PM EDT |
| Thursday, September 05, 2024 | ||
| 17 | 17
answer
Answer to Complaint
Thu 09/05 8:19 PM
ANSWER and Affirmative Defenses to Complaint by DEZER INTRACOASTAL MALL LLC. (Assouline, Eric) |
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| 16 | 16
notice
Notice of Attorney Appearance
Thu 09/05 9:50 AM
NOTICE of Attorney Appearance by Ellen Marcie Leibovitch on behalf of DEZER INTRACOASTAL MALL LLC. Attorney Ellen Marcie Leibovitch added to party DEZER INTRACOASTAL MALL LLC(pty:dft). (Leibovitch, Ellen) |
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| Wednesday, September 04, 2024 | ||
| 15 | 15
notice
Notice of Attorney Appearance
Wed 09/04 10:19 PM
NOTICE of Attorney Appearance by Eric Nissim Assouline on behalf of DEZER INTRACOASTAL MALL LLC. Attorney Eric Nissim Assouline added to party DEZER INTRACOASTAL MALL LLC(pty:dft). (Assouline, Eric) |
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| Friday, August 23, 2024 | ||
| 14 | 14
answer
Answer to Complaint
Fri 08/23 3:08 PM
ANSWER and Affirmative Defenses to Complaint by POMODOROS PIZZA SUBS AND MORE I CORP.. (Levine, Daniel) |
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| Wednesday, August 21, 2024 | ||
| 13 | 13
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Wed 08/21 5:43 PM
PAPERLESS ORDER denying without prejudice12 Unopposed MOTION for Extension of Time to File Response to1 Complaint by Pomodoros Pizza Subs and More I Corp. d/b/a Pomodoros Pizza ("Pomodoros"). Pomodoros' motion is denied without prejudice for two reasons. First, the instant motion fails to comply with Judge Williams' 48-hour rule. See Judge Williams' Court Practices and Procedures (available at the Court's website: https://www.flsd.uscourts.gov/content/judge-kathleen-m-williams). Second, Pomodoros represents to the Court that its "response to Plaintiff's Complaint is now due." [ECF No. 12, 1]. In actuality, Pomodoros' response is overdue. The 8 return of service states that Pomodoros was served on July 30, 2024. Therefore, Pomodoros' response was due yesterday. Fed. R. Civ. P. 12(a)(1)(A)(i). Pomodoros' motion (although unopposed) does not request nunc pro tunc relief nor does it address the circumstances surrounding its late filing or why the Court should excuse its non-compliance with both the Federal Rules of Civil Procedure and Judge Williams' 48-hour rule. In the future, counsel should be more careful in making representations to the Court. See Advanced Diabetes Treatment Centers, LLC v. Sebelius , No. 09-61698 2012 WL 5077155, at *8 n.8 (S.D. Fla. Sept. 20, 2012), report and recommendation adopted sub nom. Advanced Diabetes Treatment Centers, L.L.C. v. Sebelius , No. 09-61698 2012 WL 5062415 (S.D. Fla. Sept. 27, 2012) ("The Undersigned anticipates that all counsel will check the accuracy of any representations made to the court, as the court relies on such representations."). Any re-filed motion must adequately address the aforementioned non-compliance and demonstrate good cause for the requested extension. Signed by Magistrate Judge Jonathan Goodman on 8/21/2024. (mkr) |
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| 12 | 12
motion
Extension of Time to File Response/Reply/Answer
Wed 08/21 5:05 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to1 Complaint, by POMODOROS PIZZA SUBS AND MORE I CORP..(Levine, Daniel) |
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Att: 1
Text of Proposed Order
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| Friday, August 16, 2024 | ||
| 11 | 11
notice
Notice of Attorney Appearance
Fri 08/16 5:24 PM
NOTICE of Attorney Appearance by Robin I. Frank on behalf of POMODOROS PIZZA SUBS AND MORE I CORP.. Attorney Robin I. Frank added to party POMODOROS PIZZA SUBS AND MORE I CORP.(pty:dft). (Frank, Robin) |
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| 10 | 10
notice
Notice of Attorney Appearance
Fri 08/16 5:23 PM
NOTICE of Attorney Appearance by Daniel R. Levine on behalf of POMODOROS PIZZA SUBS AND MORE I CORP.. Attorney Daniel R. Levine added to party POMODOROS PIZZA SUBS AND MORE I CORP.(pty:dft). (Levine, Daniel) |
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| Monday, August 12, 2024 | ||
| 9 | 9
service
Summons (Affidavit) Returned Executed
Mon 08/12 9:45 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by CARLOS BRITO. DEZER INTRACOASTAL MALL LLC served on 8/8/2024, response/answer due 8/29/2024. (Virues, Beverly) |
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| Tuesday, August 06, 2024 | ||
| 8 | 8
service
Summons (Affidavit) Returned Executed
Tue 08/06 12:07 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by CARLOS BRITO. POMODOROS PIZZA SUBS AND MORE I CORP. served on 7/30/2024, response/answer due 8/20/2024. (Virues, Beverly) |
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| Wednesday, July 31, 2024 | ||
| 7 | 7
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Wed 07/31 12:51 PM
Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by CARLOS BRITO identifying Other Affiliate Pablo Baez, AccessAble, Other Affiliate DPH Management LLC, Other Affiliate Sergio R. Navarro, Other Affiliate Nicolas Facundo Baso for CARLOS BRITO (Diego, Ramon) |
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| Monday, July 29, 2024 | ||
| 6 | 6
notice
Certificate of Counsel
Mon 07/29 4:49 PM
CERTIFICATE of Counsel re4 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, by Beverly Virues on behalf of CARLOS BRITO (Virues, Beverly) |
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| Monday, July 22, 2024 | ||
| 5 | 5
order
- Order (PAPERLESS or pdf attached)
Mon 07/22 9:15 AM
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 7/22/2024. See attached document for full details. (fbn) |
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| Friday, July 19, 2024 | ||
| 4 | 4
5
pgs
order
Order Referring Case to Magistrate Judge Notice of Court Practice/to Appear/Other
Fri 07/19 2:24 PM
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES IN ADA CASES: Pursuant to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, it is ORDERED AND ADJUDGED that all discovery disputes and non-dispositive pretrial motions are REFERRED to Magistrate Judge Jonathan Goodman. Signed by Judge Kathleen M. Williams on 7/19/2024. See attached document for full details. (wce) |
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| Thursday, July 18, 2024 | ||
| 3 | 3
service
Summons Issued
Thu 07/18 8:19 AM
Summons Issued as to DEZER INTRACOASTAL MALL LLC, and POMODOROS PIZZA SUBS AND MORE I CORP. (wce) |
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| Wednesday, July 17, 2024 | ||
| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Thu 07/18 8:16 AM
Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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) |
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| 1 | 1
cmp
Complaint
Wed 07/17 6:52 PM
COMPLAINT against DEZER INTRACOASTAL MALL LLC, POMODOROS PIZZA SUBS AND MORE I CORP.. Filing fees $ 405.00 receipt number AFLSDC-17686278, filed by Carlos Brito.(Virues, Beverly) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summon(s),
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Att: 3
Summon(s)
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