Barberi v. Rubio Auto Sales Corp. et al
| Florida Southern District Court | |
| Judge: | Darrin P Gayles |
| Referred: | Alicia M Otazo-Reyes |
| Case #: | 1:17-cv-21257 |
| Nature of Suit | 443 Civil Rights - Housing/Accommodations |
| Cause | 42:12182 Americans with Disabilities Act |
| Case Filed: | Apr 04, 2017 |
| Re-opened: | May 16, 2018 |
| Terminated: | Jun 22, 2018 |
| Last checked: Sunday Oct 01, 2017 4:33 AM EDT |
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Defendant
Miriam Rubio
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Represented By
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Defendant
Rafael Rubio
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Represented By
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Defendant
Rubio Auto Sales Corp.
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Represented By
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Plaintiff
Renzo Barberi
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Represented By
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| Docket last updated: 04/23/2024 11:59 PM EDT |
| Monday, July 30, 2018 | ||
| 49 | 49
order
Order Dismissing Case
Mon 07/30 11:52 AM
PAPERLESS ORDER DISMISSING CASE with prejudice pursuant to48 Joint Stipulation of Dismissal With Prejudice. The Court retains jurisdiction to enforce the terms of the parties' settlement agreement. Signed by Judge Darrin P. Gayles on 7/30/2018. (hmo) |
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| Thursday, July 26, 2018 | ||
| 48 | 48
misc
Stipulation of Dismissal
Thu 07/26 11:28 AM
Joint STIPULATION of Dismissal With Prejudice by Renzo Barberi(Stern, Ronald) Modified title text on 7/26/2018 (mc) |
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Att: 1
Text of Proposed Order
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| Monday, July 23, 2018 | ||
| 47 | 47
order
Order on Motion for Extension of Time
Mon 07/23 9:38 AM
PAPERLESS ORDER granting46 Plaintiff's Motion for Extension of Time to File a Joint Stipulation of Dismissal. The parties shall file a joint stipulation of dismissal on or before July 27, 2018. Signed by Judge Darrin P. Gayles on 7/23/2018. (hmo) |
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| Friday, July 20, 2018 | ||
| 46 | 46
motion
Extension of Time
Fri 07/20 5:36 PM
Plaintiff's MOTION for Extension of Time to File Joint Stipulation of Dismissal re 45 Notice of Court Practice,, Administrative Order, by Renzo Barberi. Responses due by 8/3/2018(Stern, Ronald) |
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Att: 1
Text of Proposed Order
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| Friday, June 22, 2018 | ||
| 45 | 45
order
Notice of Court Practice Administrative Order
Fri 06/22 4:30 PM
ENDORSED ORDER administratively closing case in light of44 Notice of Verbal Settlement, which indicates that this matter has settled in full. The parties are hereby notified that, within thirty (30) days of the date of this Order, they must file a Stipulation or Notice of Dismissal and/or Settlement Agreement along with any other pertinent document necessary to conclude this action. Any pending motions are denied as moot. Signed by Judge Darrin P. Gayles on 6/22/2018. (hmo) |
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| 44 | 44
notice
Notice of Settlement
Fri 06/22 4:24 PM
NOTICE of Settlement by Renzo Barberi (Stern, Ronald) |
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| Friday, June 08, 2018 | ||
| 43 | 43
trial
Witness List
Fri 06/08 5:31 PM
Witness List by Renzo Barberi.. (Stern, Ronald) |
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| 42 | 42
motion
Dismiss/Lack of Jurisdiction
Fri 06/08 4:58 PM
MOTION to Dismiss for Lack of Jurisdiction1 Complaint, by Miriam Rubio, Rafael Rubio, Rubio Auto Sales Corp.. Responses due by 6/22/2018(Carlin, Justin) |
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Att: 1
Exhibit Exhibit "A" - Affidavit of Carlos Herrera
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| 41 | 41
trial
Witness List
Fri 06/08 4:45 PM
Witness List by Miriam Rubio, Rafael Rubio, Rubio Auto Sales Corp... (Carlin, Justin) |
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| Wednesday, May 16, 2018 | ||
| 40 | 40
order
Scheduling Order Order Referring Case to Mediation Order Referring Case to Magistrate Judge
Thu 05/17 9:29 AM
SCHEDULING ORDER: ( Status Conference set for 10/17/2018 10:00 AM before Judge Darrin P. Gayles., Jury Trial set for 1/7/2019 before Judge Darrin P. Gayles., Calendar Call set for 1/2/2019 09:30 AM before Judge Darrin P. Gayles., Amended Pleadings due by 5/25/2018., Expert Discovery due by 8/3/2018., Fact Discovery due by 7/13/2018., Joinder of Parties due by 5/25/2018., Mediation Deadline 10/5/2018., In Limine Motions due by 11/7/2018., Dispositive Motions due by 9/7/2018., Motions due by 11/7/2018., Pretrial Stipulation due by 12/7/2018.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 10/5/2018.), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Darrin P. Gayles on 5/16/18. (rms1) |
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| 39 | 39
order
Order on Motion to Reopen Case
Wed 05/16 3:35 PM
ENDORSED ORDER granting36 Motion to Reopen Case and Request for Status Conference. Case reopened. Signed by Judge Darrin P. Gayles on 5/16/2018. (hmo) |
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| 38 | 38
minutes
Status Conference
Wed 05/16 3:31 PM
PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 5/16/2018. Total time in court: 25 minutes. Attorney Appearance(s): Ronald E. Stern for Plaintiff, Justin Christopher Carlin for Defendant. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (hmo) |
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| Friday, April 27, 2018 | ||
| 37 | 37
order
Order Setting Status Conference
Fri 04/27 1:16 PM
ENDORSED ORDER Setting Status Conference: Status Conference set for 5/16/2018 at 10:00 AM in Miami Division before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles on 4/27/2018. (hmo) |
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| Wednesday, April 25, 2018 | ||
| 36 | 36
motion
Reopen Case
Wed 04/25 7:29 PM
Plaintiff's MOTION to Reopen Case by Renzo Barberi.(Stern, Ronald) |
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Att: 1
Text of Proposed Order
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| Tuesday, August 08, 2017 | ||
| 35 | 35
misc
Report Regarding
Tue 08/08 3:19 PM
REPORT REGARDING Remediation Plan by Miriam Rubio, Rafael Rubio, Rubio Auto Sales Corp. (Carlin, Justin) |
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| Wednesday, July 19, 2017 | ||
| 34 | 34
order
Order Staying Case
Wed 07/19 4:18 PM
ENDORSED ORDER STAYING CASE. On or before 8/8/2017 , Defendants shall file a remediation plan with the Court. Closing Case. Signed by Judge Darrin P. Gayles (ssd) |
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| 33 | 33
minutes
Status Conference
Wed 07/19 4:07 PM
PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 7/19/2017. Attorneys for both sides present. Total time in court: 5 minutes. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (ssd) |
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| Wednesday, July 05, 2017 | ||
| 32 | 32
order
Order Setting Status Conference
Wed 07/05 11:16 AM
ENDORSED ORDER Resetting Status Conference. Status Conference RESET for 7/19/2017 at 10:00 AM in Miami Division before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles (ssd) |
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| 31 | 31
minutes
Status Conference
Wed 07/05 11:14 AM
PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 7/5/2017. Attorney for Plaintiff present. Total time in court: 5 minutes. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (ssd) |
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| Friday, June 30, 2017 | ||
| 30 | 30
answer
Answer to Complaint
Fri 06/30 4:38 PM
ANSWER and Affirmative Defenses to Complaint by Miriam Rubio, Rafael Rubio. (Carlin, Justin) |
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utility
~Util - Set/Reset Deadlines/Hearings
Fri 06/30 7:52 AM
Set Deadlines Miriam Rubio answer due 7/5/2017; Rafael Rubio answer due 7/5/2017 Per DE#29. (cqs) |
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| Thursday, June 29, 2017 | ||
| 29 | 29
order
Order on Motion to Vacate
Thu 06/29 12:28 PM
ENDORSED ORDER granting26 Motion to Vacate Defaults Entered by the Clerk of the Court. The18 Clerk's Default as to Rafael Rubio and Miriam Rubio is hereby vacated. On or before 7/5/2017 , Defendants Rafael Rubio and Miriam Rubio shall refile their answer and affirmative defenses to the Complaint. Signed by Judge Darrin P. Gayles (ssd) |
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| 28 | 28
notice
Notice (Other)
Thu 06/29 12:14 PM
NOTICE by Renzo Barberi of Non-Opposition to Defendants' Motion to Vacate Defaults Entered by Clerk of the Court [DE 26] (Stern, Ronald) |
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| Monday, June 19, 2017 | ||
| 27 | 27
notice
Clerks Notice of Docket Correction and Instruction to Filer - Attorney
Mon 06/19 2:07 PM
Clerks Notice to Filer re26 MOTION to Vacate6 Summons Returned Executed,8 Summons Returned Executed,7 Summons Returned Executed, 16 Endorsed Order,,,,1 Complaint,18 Order on Motion for Clerks Entry of Default . Wrong Filer Name(s) Selected ; ERROR - The wrong filer name was selected. The correction was made by the Clerk. It is not necessary to refile this document. (lh) |
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| 26 | 26
motion
Vacate
Mon 06/19 11:04 AM
MOTION to Vacate6 Summons Returned Executed,8 Summons Returned Executed,7 Summons Returned Executed, 16 Endorsed Order,,,,1 Complaint,18 Order on Motion for Clerks Entry of Default by Miriam Rubio, Rafael Rubio, . Attorney Justin Christopher Carlin added to party Miriam Rubio(pty:dft), Attorney Justin Christopher Carlin added to party Rafael Rubio(pty:dft). Responses due by 7/3/2017(Carlin, Justin) Modified filers on 6/19/2017 (lh) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit,
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Att: 3
Exhibit Exhibit
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| Friday, June 09, 2017 | ||
| 25 | 25
order
- Endorsed Order no pdf attached ~Util - Set/Reset Deadlines/Hearings
Fri 06/09 1:39 PM
ENDORSED ORDER RESETTING Status Conference for 7/5/2017 at 9:30 AM in Miami Division before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles (ssd) |
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| Tuesday, June 06, 2017 | ||
| 24 | 24
misc
Scheduling Report - Rule 26(f)/16.1
Tue 06/06 4:29 PM
Joint SCHEDULING REPORT - Rule 16.1 by Renzo Barberi(Stern, Ronald) |
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Att: 1
Text of Proposed Order
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| Wednesday, May 31, 2017 | ||
| 23 | 23
order
Order on Motion for Extension of Time
Wed 05/31 12:06 PM
ENDORSED ORDER granting21 Motion for Extension of Time to File a Joint Scheduling Report and setting Status Conference for 6/21/2017 at 10:00 AM in Miami Division before Judge Darrin P. Gayles . The parties shall prepare and file a Joint Scheduling Report by 6/16/2017 . The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the revised form attached. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles (ssd) |
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| 22 | 22
order
Order on Motion for Extension of Time
Wed 05/31 10:57 AM
ENDORSED ORDER granting20 Plaintiff's Motion for Extension of Time to File Motion for Default Final Judgment. On or before 6/29/2017 , Plaintiff shall file a motion for final default judgment as to Defendants Rafael Rubio and Miriam Rubio, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiff's failure to file a motion for final default judgment on or before the date set forth above may result in dismissal of the instant action. Plaintiff shall immediately provide Defendants with a copy of this Order via certified mail. Signed by Judge Darrin P. Gayles (ssd) |
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| Tuesday, May 30, 2017 | ||
| 21 | 21
motion
Extension of Time
Tue 05/30 11:41 PM
Joint MOTION for Extension of Time to File Joint Scheduling Report re15 Order Requiring Joint Scheduling Report,,, by Renzo Barberi. Responses due by 6/13/2017(Stern, Ronald) |
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Att: 1
Text of Proposed Order
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| 20 | 20
motion
Extension of Time
Tue 05/30 4:55 PM
MOTION for Extension of Time to File Motion for Default Final Judgment by Renzo Barberi. Responses due by 6/13/2017(Stern, Ronald) |
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Att: 1
Text of Proposed Order
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| Monday, May 22, 2017 | ||
| 19 | 19
misc
Certificate of Interested Parties/Corporate Disclosure Statement
Mon 05/22 9:23 PM
Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Renzo Barberi (Stern, Ronald) |
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| 18 | 18
order
Order on Motion for Clerks Entry of Default - FORM
Mon 05/22 2:44 PM
ORDER by Clerk of Entry of Default re17 Motion for Clerks Entry of Default as to Miriam Rubio, and Rafael Rubio. Signed by DEPUTY CLERK on 5/22/2017. (lh) |
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| Sunday, May 21, 2017 | ||
| 17 | 17
motion
Clerks Entry of Default
Sun 05/21 10:42 PM
MOTION for Clerks Entry of Default as to Miriam Rubio, Rafael Rubio by Renzo Barberi. (Stern, Ronald) |
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| Wednesday, May 17, 2017 | ||
| 16 | 16
order
- Endorsed Order no pdf attached
Wed 05/17 9:52 AM
ENDORSED ORDER on Default Procedure. Plaintiff effectuated service of the summons and complaint on Defendants Rafael Rubio and Miriam Rubio on 4/19/2017 [ECF No. 7] and [ECF No. 8]. Defendants, however, have failed to plead or otherwise defend this action after being served with process. Accordingly, within three (3) days of the date of this Order, Plaintiff shall file for entry of default by the Clerk as to Defendants Rafael Rubio and Miriam Rubio. Within seven (7) days of entry of default by the Clerk, Plaintiff shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiff's failure to file a motion for final default judgment on or before the date set forth above may result in dismissal of the instant action. Plaintiff shall immediately provide Defendants with a copy of this Order via certified mail. Signed by Judge Darrin P. Gayles (ssd) |
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| 15 | 15
order
Order Requiring Joint Scheduling Report
Wed 05/17 9:47 AM
ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before 5/30/2017 , the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties, and Corporate Disclosure Statements. The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties proposed dates. Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles (ssd) |
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| Tuesday, May 16, 2017 | ||
| 14 | 14
answer
Answer to Complaint
Tue 05/16 9:12 PM
ANSWER to Complaint by Rubio Auto Sales Corp.. (Carlin, Justin) |
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| Tuesday, May 02, 2017 | ||
| 13 | 13
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Tue 05/02 9:40 AM
ENDORSED ORDER granting10 Motion for Extension of Time. Defendant Rubio Auto Sales Corp. shall respond to the Complaint on or before 5/16/2017 . Signed by Judge Darrin P. Gayles (ssd) |
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| Friday, April 28, 2017 | ||
| 12 | 12
respm
Response in Opposition to Motion
Fri 04/28 1:08 PM
RESPONSE in Opposition re10 MOTION for Extension of Time to File Response/Reply/Answer as to1 Complaint,6 Summons Returned Executed filed by Renzo Barberi. Replies due by 5/5/2017. (Stern, Ronald) |
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| 11 | 11
order
- Endorsed Order no pdf attached
Fri 04/28 9:47 AM
ENDORSED ORDER. On or before 5/3/2017 , Plaintiff shall respond to Defendant's10 Motion for Extension of Time. Signed by Judge Darrin P. Gayles (ssd) |
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| Wednesday, April 26, 2017 | ||
| 10 | 10
motion
Extension of Time to File Response/Reply/Answer
Wed 04/26 4:48 PM
MOTION for Extension of Time to File Response/Reply/Answer as to1 Complaint,6 Summons Returned Executed by Rubio Auto Sales Corp.. (Carlin, Justin) |
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| 9 | 9
notice
Notice of Attorney Appearance
Wed 04/26 4:46 PM
NOTICE of Attorney Appearance by Justin Christopher Carlin on behalf of Rubio Auto Sales Corp.. Attorney Justin Christopher Carlin added to party Rubio Auto Sales Corp.(pty:dft). (Carlin, Justin) |
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| Thursday, April 20, 2017 | ||
| 8 | 8
service
Summons (Affidavit) Returned Executed
Thu 04/20 12:09 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline by Renzo Barberi. Miriam Rubio served on 4/19/2017, answer due 5/10/2017. (Stern, Ronald) |
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| 7 | 7
service
Summons (Affidavit) Returned Executed
Thu 04/20 12:04 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline by Renzo Barberi. Rafael Rubio served on 4/19/2017, answer due 5/10/2017. (Stern, Ronald) |
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| 6 | 6
service
Summons (Affidavit) Returned Executed
Thu 04/20 11:59 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline by Renzo Barberi. Rubio Auto Sales Corp. served on 4/5/2017, answer due 4/26/2017. (Stern, Ronald) |
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| Wednesday, April 05, 2017 | ||
| 5 | 5
order
Notice of Court Practice
Wed 04/05 10:42 AM
NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. Signed by Judge Darrin P. Gayles (ssd) |
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| Tuesday, April 04, 2017 | ||
| 4 | 4
service
Summons Issued
Tue 04/04 4:34 PM
Summons Issued as to Miriam Rubio, Rafael Rubio, Rubio Auto Sales Corp. (fbn) |
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| 3 | 3
notice
Clerk's Notice of Consent to Proceed Before Magistrate Judge - FORM
Tue 04/04 4:30 PM
Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. It is not necessary to file a document indicating lack of consent. (fbn) |
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| 2 | 2
order
Judge Assignment
Tue 04/04 4:29 PM
Judge Assignment to Judge Darrin P. Gayles (fbn) |
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| 1 | 1
cmp
Complaint
Tue 04/04 3:54 PM
COMPLAINT for Declaratory and Injunctive Relief against Miriam Rubio, Rafael Rubio, Rubio Auto Sales Corp.. Filing fees $ 400.00 receipt number 113C-9623995, filed by Renzo Barberi.(Stern, Ronald) |
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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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Att: 4
Summon(s)
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