Brito v. AVO MANAGEMENT SERVICES, INC. et al
| Florida Southern District Court | |
| Judge: | Kathleen M Williams |
| Referred: | Jonathan Goodman |
| Case #: | 1:24-cv-22696 |
| Nature of Suit | 446 Civil Rights - Amer w/Disabilities - Other |
| Cause | 42:12182 Americans with Disabilities Act |
| Case Filed: | Jul 16, 2024 |
| Terminated: | Aug 28, 2024 |
| Last checked: Saturday Aug 31, 2024 8:20 AM EDT |
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Defendant
AVO MANAGEMENT SERVICES, INC.
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Represented By
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Defendant
FRITANGA NAIARA CORP
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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 | ||
| 16 | 16
2
pgs
order
Order on Motion to Approve Consent Judgment
Mon 09/30 8:11 AM
ORDER APPROVING CONSENT DECREE AND DISMISSING ACTION WITH PREJUDICE granting15 Motion to Approve Consent Decree. Signed by Judge Kathleen M. Williams on 9/30/2024. See attached document for full details. (pcs) |
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| Friday, September 27, 2024 | ||
| 15 | 15
motion
Approve Consent Judgment
Fri 09/27 8:52 PM
Joint MOTION to Approve Consent Judgment by Carlos Brito. Responses due by 10/11/2024.(Perez, Anthony) |
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Att: 1
Exhibit A - Consent Decree,
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Att: 2
Exhibit Agreement and Release,
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Att: 3
Exhibit Remediation Plan,
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Att: 4
Text of Proposed Order Proposed Order
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| Monday, September 23, 2024 | ||
| 14 | 14
order
Order on Motion to Approve Consent Judgment
Mon 09/23 12:07 AM
PAPERLESS ORDER. THIS MATTER is before the Court on the Parties' Joint Motion for Approval and Entry of Consent Decree and to dismiss this action with prejudice (DE13 ) ("Joint Motion"). In the Consent Decree, the Parties reference an undisclosed "Confidential Settlement Agreement and Release." (DE [13-2].) However, consonant with the common law "right of access," see Romero v. Drummond Co. , 480 F.3d 1234, 1246 (11th Cir. 2007), the Court will only retain jurisdiction to enforce the Parties' Consent Decree if the Court is apprised of all terms contained in the Consent Decree and any agreement(s) underlying it. The Parties are also advised that the Joint Motion violates Section III(H) of the Court's Practices and Procedures, which specifies that "[i]f the parties wish for the Court to retain jurisdiction to enforce a settlement agreement, the parties must submit the terms of their settlement agreement on the record. The Parties must also request a finite period for the Court's retention of jurisdiction; indefinite requests for the Court to retain jurisdiction will not be granted." Accordingly, it is ORDERED AND ADJUDGED that the Joint Motion is DENIED WITHOUT PREJUDICE . On or before September 27, 2024 , the Parties shall either file the settlement agreement and any other documents underlying the Consent Decree for the Court's review or file a dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1) that does not request the Court to reserve or retain jurisdiction to enforce the Consent Decree. Signed by Judge Kathleen M. Williams on 9/23/2024. (rm04) |
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| Friday, September 20, 2024 | ||
| 13 | 13
motion
Approve Consent Judgment
Fri 09/20 9:01 AM
Joint MOTION to Approve Consent Judgment by Carlos Brito. Responses due by 10/4/2024.(Perez, Anthony) |
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Att: 1
Text of Proposed Order,
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Att: 2
Exhibit A
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| Wednesday, August 28, 2024 | ||
| 12 | 12
order
Order Dismissing/Closing Case or Party
Wed 08/28 2:38 PM
PAPERLESS ORDER. THIS MATTER is before the Court on the notice indicating that the Parties have reached a settlement of this matter. (DE11 .) Accordingly, it is ORDERED AND ADJUDGED that on or before September 27, 2024 , Plaintiff shall file a notice of voluntary dismissal or the Parties shall file a joint stipulation of dismissal. See Fed. R. Civ. P. 41(a)(1). The dismissal of this matter is effective and self-executing upon the filing of either Plaintiff's notice of voluntary dismissal or the Parties' joint stipulation of dismissal. However, if the Parties wish for the Court to retain jurisdiction beyond the filing of the notice of voluntary dismissal or joint stipulation of dismissal, they are advised that they must file the settlement agreement for review and file a joint stipulation of dismissal that complies with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC , 677 F.3d 1272 (11th Cir. 2012). All hearings and deadlines are CANCELED . All pending motions, if any, are DENIED AS MOOT . This case is CLOSED for administrative purposes. Signed by Judge Kathleen M. Williams on 8/28/2024. (rm04) |
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| 11 | 11
notice
Notice of Settlement - aty
Wed 08/28 2:14 PM
NOTICE of Settlement as to Defendants, AVO MANAGEMENT SERVICES, INC. and FRITANGA NAIARA CORP d/b/a FRITANGA XOLOTLAN by Carlos Brito (Perez, Anthony) |
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| Friday, August 02, 2024 | ||
| 10 | 10
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Fri 08/02 10:12 AM
PAPERLESS ORDER granting9 Defendants' Motion for Extension of Time to File Response/Answer to a Complaint. The Undersigned notes that Defendants' Motion9 complies with Judge Williams' Court Practices and Procedures found at https://www.flsd.uscourts.gov/content/judge-kathleen-m-williams with regards to the 48-hour notice requirement for this type of motion. Defendants' Response/Answer is now due 9/5/2024. Signed by Magistrate Judge Jonathan Goodman on 8/2/2024. (cpa) |
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| Thursday, August 01, 2024 | ||
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motion
Extension of Time to File Response/Reply/Answer
Thu 08/01 5:30 PM
Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to1 Complaint, by AVO MANAGEMENT SERVICES, INC., FRITANGA NAIARA CORP. Attorney Manuel Antonio Garcia-Linares added to party AVO MANAGEMENT SERVICES, INC.(pty:dft), Attorney Manuel Antonio Garcia-Linares added to party FRITANGA NAIARA CORP(pty:dft).(Garcia-Linares, Manuel) |
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Att: 1
Text of Proposed Order Proposed Order
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| Monday, July 29, 2024 | ||
| 8 | 8
notice
Certificate of Counsel
Mon 07/29 11:16 AM
CERTIFICATE of Counsel re6 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, by Anthony Joseph Perez on behalf of Carlos Brito (Perez, Anthony) |
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| 7 | 7
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Mon 07/29 11:15 AM
Plaintiff's Certificate of Other Affiliates by Carlos Brito identifying Other Affiliate Pablo Baez, AccessAble, Other Affiliate Ana C. Vidal O'Dell, Other Affiliate Marlenys Pulido for Carlos Brito (Perez, Anthony) |
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| Friday, July 19, 2024 | ||
| 6 | 6
5
pgs
order
Order Referring Case to Magistrate Judge Notice of Court Practice/to Appear/Other
Fri 07/19 1:06 PM
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES IN ADA CASES: ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery and Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 7/19/2024. See attached document for full details. (scn) |
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| Wednesday, July 17, 2024 | ||
| 5 | 5
service
Summons (Affidavit) Returned Executed
Wed 07/17 10:24 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. AVO MANAGEMENT SERVICES, INC. served on 7/16/2024, response/answer due 8/6/2024. (Perez, Anthony) |
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| 4 | 4
service
Summons (Affidavit) Returned Executed
Wed 07/17 10:23 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. FRITANGA NAIARA CORP served on 7/16/2024, response/answer due 8/6/2024. (Perez, Anthony) |
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| Tuesday, July 16, 2024 | ||
| 3 | 3
service
Summons Issued
Tue 07/16 10:17 AM
Summons Issued as to AVO MANAGEMENT SERVICES, INC., FRITANGA NAIARA CORP. (ar24) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Tue 07/16 10:13 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. (ar24) |
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| 1 | 1
cmp
Complaint
Tue 07/16 9:08 AM
COMPLAINT against AVO MANAGEMENT SERVICES, INC., FRITANGA NAIARA CORP. Filing fees $ 405.00 receipt number AFLSDC-17679840, 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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