Brito v. SPAULDING PARTNERS LLC et al
| Florida Southern District Court | |
| Judge: | Jacqueline Becerra |
| Referred: | Edwin G Torres |
| Case #: | 1:24-cv-22574 |
| Nature of Suit | 446 Civil Rights - Amer w/Disabilities - Other |
| Cause | 42:12182 Americans with Disabilities Act |
| Case Filed: | Jul 08, 2024 |
| Last checked: Thursday Aug 22, 2024 4:28 AM EDT |
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Cross Claimant
Spaulding Partners LLC
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Represented By
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Cross Defendant
Sabor Borinqueno, Inc.
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Represented By
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Defendant
Sabor Borinqueno, Inc.
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Represented By
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Defendant
Spaulding Partners LLC
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Represented By
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Plaintiff
Carlos Brito
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Represented By
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| Docket last updated: 09/30/2024 11:59 PM EDT |
| Monday, September 30, 2024 | ||
| 20 | 20
order
- Order (PAPERLESS or pdf attached)
Mon 09/30 10:12 AM
ORDER SETTING DISCOVERY PROCEDURES. Signed by Chief Magistrate Judge Edwin G. Torres on 9/30/2024. See attached document for full details. (mdc) |
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| Wednesday, August 21, 2024 | ||
| 19 | 19
order
Scheduling Order Order Referring Case to Magistrate Judge
Wed 08/21 11:34 AM
ORDER SETTING TRIAL, CALENDAR CALL, REFERENCE TO MAGISTRATE JUDGE, PRETRIAL DEADLINES, AND PRETRIAL PROCEDURES: JURY TRIAL set for 7/14/2025 at 09:30 AM in Miami Division before Judge Jacqueline Becerra. CALENDAR CALL set for 7/8/2025 at 10:00 AM in Miami Division before Judge Jacqueline Becerra. ORDER REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Jacqueline Becerra on 8/21/2024. See attached document for full details. (caw) |
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| Monday, August 19, 2024 | ||
| 18 | 18
misc
Scheduling Report - Rule 26(f)/16.1
Mon 08/19 1:43 PM
Joint SCHEDULING REPORT - Rule 16.1 by Carlos Brito(Perez, Anthony) |
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Att: 1
Text of Proposed Order
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| Saturday, August 17, 2024 | ||
| 17 | 17
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Sat 08/17 11:49 AM
Corporate Disclosure Statement And Interested Persons by Sabor Borinqueno, Inc. (Morales, Erick) |
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| Friday, August 16, 2024 | ||
| 16 | 16
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Fri 08/16 10:14 AM
Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Spaulding Partners LLC identifying Other Affiliate Yasam, LLC for Spaulding Partners LLC, Spaulding Partners LLC (Leiva, Alejandro) |
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| 15 | 15
order
- Order (PAPERLESS or pdf attached)
Fri 08/16 8:50 AM
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon a sua sponte review of the record. This Court's Paperless Order Regarding Procedures (the "Order"), ECF No. 4 , required each of the parties, by no later than fifteen days from the date the last defendant enters an appearance in this action, to file a Certificate of Interested Parties and Corporate Disclosure Statement that contains 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 last Defendant to enter an appearance in this action did so on July 29, 2024. See ECF No.11 . However, to date, neither of the Defendants has filed their Certificate of Interested Parties and Corporate Disclosure Statement in compliance with the Order. Accordingly, it is hereby ORDERED AND ADJUDGED that each Defendant shall file its Certificate of Interested Parties and Corporate Disclosure Statement in compliance with the Order by no later than August 19, 2024 . Failure to comply will result in dismissal of this case without prejudice and without further notice. Signed by Judge Jacqueline Becerra on 8/16/2024. (ymr) |
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| Thursday, August 15, 2024 | ||
| 14 | 14
answer
Answer to Crossclaim Answer to Complaint
Thu 08/15 5:46 PM
ANSWER to Crossclaim and Affirmative Defenses , ANSWER and Affirmative Defenses to Complaint by Sabor Borinqueno, Inc.. (Morales, Erick) |
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| Wednesday, August 07, 2024 | ||
| 13 | 13
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Wed 08/07 2:05 PM
Plaintiff's Certificate of Other Affiliates by Carlos Brito identifying Other Affiliate Pablo Baez, AccessAble, Other Affiliate Yasam, LLC, Other Affiliate Valeria Zayas Rivera for Carlos Brito (Perez, Anthony) |
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| Tuesday, July 30, 2024 | ||
| 12 | 12
notice
Notice (Other)
Tue 07/30 3:37 PM
NOTICE of Filing Exhibit "A" by Spaulding Partners LLC re11 Answer to Complaint, Crossclaim (Leiva, Alejandro) |
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Att: 1
Exhibit Exhibit A to Defendant, Spaulding Partners, LLC's Answer, Affirmative Defenses and Crossclaim
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| Monday, July 29, 2024 | ||
| 11 | 11
answer
Answer to Complaint Crossclaim
Mon 07/29 5:18 PM
ANSWER and Affirmative Defenses to Complaint , CROSSCLAIM against Sabor Borinqueno, Inc. by Spaulding Partners LLC. Attorney Alejandro Israel Leiva added to party Spaulding Partners LLC(pty:dft). (Leiva, Alejandro) |
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| 10 | 10
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Mon 07/29 8:45 AM
PAPERLESS ORDER granting9 Motion for Extension of Time to File Response/Answer to a Complaint. Defendant, Sabor Borinqueo, Inc., shall file its response to the Complaint by no later than August 23, 2024 . Signed by Judge Jacqueline Becerra on 7/29/2024. (ymr) |
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| Wednesday, July 24, 2024 | ||
| 9 | 9
motion
Extension of Time to File Response/Reply/Answer
Wed 07/24 11:08 AM
Second MOTION for Extension of Time to File Response/Reply/Answer by Sabor Borinqueno, Inc..(Morales, Erick) |
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Att: 1
Text of Proposed Order Proposed Order
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| Monday, July 22, 2024 | ||
| 8 | 8
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Mon 07/22 8:58 AM
PAPERLESS ORDER denying without prejudice7 Motion for Extension of Time to File Response/Reply/Answer for failure to include a certificate of conferral as required by Local Rule 7.1(a)(3). Signed by Judge Jacqueline Becerra on 7/22/2024. (ymr) |
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| Thursday, July 18, 2024 | ||
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motion
Extension of Time to File Response/Reply/Answer
Thu 07/18 2:38 PM
MOTION for Extension of Time to File Response/Reply/Answer by Sabor Borinqueno, Inc.. Attorney Erick Morales added to party Sabor Borinqueno, Inc.(pty:dft). (Morales, Erick) |
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| Tuesday, July 09, 2024 | ||
| 6 | 6
service
Summons (Affidavit) Returned Executed
Tue 07/09 9:02 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. Spaulding Partners LLC served on 7/8/2024, response/answer due 7/29/2024. (Perez, Anthony) |
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service
Summons (Affidavit) Returned Executed
Tue 07/09 8:53 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. Sabor Borinqueno, Inc. served on 7/8/2024, response/answer due 7/29/2024. (Perez, Anthony) |
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| Monday, July 08, 2024 | ||
| 4 | 4
order
- Order (PAPERLESS or pdf attached)
Mon 07/08 5:26 PM
PAPERLESS ORDER REGARDING PROCEDURES. The Court enters the following Order to apprise the parties of its procedures. The parties shall comply with the following: 1. SERVICE : Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon Defendants within 90 days after the filing of the complaint. Unless service is waived, proof of service must be made to the Court by filing the server's affidavit. If a Defendant waives service, notice of the same shall be filed immediately. Failure to file proof of service or show good cause within 90 days will result in a dismissal without prejudice and without further notice. 2. DEFAULTS : In the event a served Defendant does not appear in this action, the Plaintiffs shall file a motion for clerk's default within seven days of the deadline for the Defendant to answer. Extensions of time to answer a pleading must take the form of a motion to the Court. Motions for final default judgment, if applicable, shall be filed within seven days of the entry of default. 3. CERTIFICATE OF INTERESTED PARTIES : Within fifteen days from the date the last Defendant enters an appearance in this action, the parties, 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 must not include the undersigned or the assigned Magistrate Judge as interested parties 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. 4. JOINT SCHEDULING REPORTS : Within twenty days from the date the last Defendant enters an appearance in this action, the parties are directed to prepare and file a Joint Scheduling Report as required by Local Rule 16.1. Disclosures required under Fed. R. Civ. P. 26(a)(l) must be made at or before the time the parties confer to develop their case management and discovery plan. The parties must certify in the Joint Scheduling Report that such disclosures have been made unless a party files an objection to a required disclosure. Such filed objection must include a full explanation of the basis for the objection. The scheduling conference may be held via video conference or in person. It may not be held by telephone. In drafting their Joint Proposed Scheduling Order, the parties shall utilize the Court's template scheduling order, found at https://www.flsd.uscourts.gov/sites/flsd/files/TemplateSchedulingOrder.pdf. Any deviation from the guidelines set forth in the Court's template scheduling order or those proposed by the Local Rules should be noted in the Joint Scheduling Report along with an explanation for why more or less time is necessary. The Court provides these guidelines to assist the parties in proposing deadlines that are meaningful and realistic for the parties, counsel, and the Court. If the Court selects the trial date and dispositive motion deadline that the Parties proposed in their Joint Scheduling Report, the Court will not extend those deadlines absent extraordinary circumstances. 5. FILING OF MOTIONS : All filings must be in a 12-point font and double spaced. Single spacing is only permitted for footnotes. The required conferral under Local Rule 7.1 must be by telephone or in person. An e-mail conferral will only be permitted if counsel provided at least forty-eight hours for a response before the filing of the motion. 6. EXTENSIONS OF TIME : Compliance with all deadlines--whether set by Court order or under the Federal and Local Rules--is mandatory. Requests for extensions of time, including unopposed motions, will only be granted by the Court upon an appropriate motion showing good cause why the deadline cannot be met. Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought. All requests for extensions of time must include (1) the conferral statement required under Local Rule 7.1 specifying what methods were used to confer; (2) a list of any prior motions for extension of time, the basis for those requests, and whether they were granted; (3) a specific statement regarding the circumstances necessitating the requested relief; (4) a specific period for the relief requested, and (5) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. Signed by Judge Jacqueline Becerra on 7/8/2024. (ymr) |
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service
Summons Issued
Mon 07/08 1:44 PM
Summons Issued as to Sabor Borinqueno, Inc., Spaulding Partners LLC. (jas) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Mon 07/08 1:34 PM
Clerks Notice of Judge Assignment to Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (jas) |
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| 1 | 1
cmp
Complaint
Mon 07/08 11:12 AM
COMPLAINT against SABOR BORINQUENO, INC, SPAULDING PARTNERS LLC. Filing fees $ 405.00 receipt number AFLSDC-17657770, filed by Carlos Brito.(Perez, Anthony) |
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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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