Betancourt v. Amante Holdings LLC et al

Florida Southern District Court
Judge:Melissa Damian
Referred: Alicia O Valle
Case #: 0:24-cv-60630
Nature of Suit446 Civil Rights - Amer w/Disabilities - Other
Cause42:12182 Americans with Disabilities Act
Case Filed:Apr 18, 2024
Re-opened:Aug 28, 2024
Terminated:Oct 11, 2024
Last checked: Tuesday Oct 15, 2024 4:23 AM EDT
Defendant
Amante Holdings LLC
4209 N. Federal Hwy
Pompano Beach, FL 33064
Represented By
Todd William Shulby
Todd W. Shulby, P.A.
contact info
Defendant
MBS Caribbean Restaurant & Bakery, Inc.
1825 E. Sample Road
Pompano Beach, FL 33064
Represented By
Todd William Shulby
Todd W. Shulby, P.A.
contact info
Mediator
Karen Evans-Putney
Litigation Resolution, Inc. 2999 NE 191 Street, Suite 330
Aventura, FL 33180
Plaintiff
Rudolph Betancourt
Represented By
Glenn R Goldstein
Glenn R. Goldstein & Associates, PLLC
contact info
Lauren Nicole Wassenberg
Lauren N. Wassenberg & Associates, P.A.
contact info
TERMINATED PARTIES
Mediator
Esq. Alvin Capp
Terminated: 06/24/2024
Upchurch Watson White & Max 2 S. Biscayne Blvd. Suite 2030
Miami, FL 33131


Docket last updated: 05/09/2025 11:59 PM EDT
Tuesday, October 22, 2024
43 43 1 pgs order Order Dismissing/Closing Case or Party Tue 10/22 11:06 AM
ORDER Dismissing Case (With Prejudice) Signed by Judge Melissa Damian on 10/22/2024. See attached document for full details. (pc)
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Monday, October 21, 2024
42 42 misc Stipulation of Dismissal - aty Mon 10/21 10:17 AM
STIPULATION of Dismissal [Joint] by Rudolph Betancourt (Goldstein, Glenn)
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Friday, October 11, 2024
41 41 order Administrative Order Fri 10/11 10:12 AM
ORDER ADMINISTRATIVELY CLOSING CASE. The Clerk shall CLOSE this case for administrative purposes only. Any pending motions are DENIED AS MOOT. Signed by Judge Melissa Damian on 10/11/2024. See attached document for full details. (amb)
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Monday, October 07, 2024
40 40 notice Notice of Settlement - aty Mon 10/07 3:53 PM
NOTICE of Settlement JOINT NOTICE OF SETTLEMENT IN PRINCIPLE by Rudolph Betancourt (Goldstein, Glenn)
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Thursday, October 03, 2024
39 39 order Scheduling Order Order Referring Case to Mediation Order Referring Case to Magistrate Judge Thu 10/03 1:30 PM
AMENDED ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Jury Trial set for 4/21/2025 in Fort Lauderdale Division before Judge Melissa Damian., Calendar Call set for 4/16/2025 01:30 PM in Fort Lauderdale Division before Judge Melissa Damian., (Mediation Deadline 12/9/2024.), ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for all pretrial non-dispositive matters. Signed by Judge Melissa Damian on 10/3/2024. See attached document for full details. (pc) [LINK:Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.]
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Wednesday, August 28, 2024
38 38 2 pgs order Order on Motion to Reopen Case Wed 08/28 1:17 PM
ORDER ON PLAINTIFF'S MOTION TO REOPEN CASE ECF No.36 granting36 Motion to Reopen Case. Signed by Judge Melissa Damian on 8/28/2024. See attached document for full details. (pc)
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Thursday, July 25, 2024
37 37 misc Report Regarding Thu 07/25 1:00 PM
REPORT REGARDING Status of Settlement Negotiations Pursuant to DE#34 by Rudolph Betancourt (Goldstein, Glenn)
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36 36 motion Reopen Case Thu 07/25 12:57 PM
Plaintiff's MOTION to Reopen Case Pursuant to DE#34 by Rudolph Betancourt.(Goldstein, Glenn)
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Att: 1 Text of Proposed Order
Monday, July 08, 2024
35 35 answer Answer to Complaint Mon 07/08 9:09 AM
ANSWER and Affirmative Defenses to Complaint by MBS Caribbean Restaurant & Bakery, Inc.. (Shulby, Todd)
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Thursday, June 27, 2024
34 34 2 pgs order Order Staying Case Order Dismissing/Closing Case or Party ~Util - Set/Reset Deadlines Fri 06/28 10:26 AM
ORDER FOLLOWING STATUS CONFERENCE AND STAYING CASE (Status Report due by 7/29/2024.) Administratively Closing Case. (Without Prejudice) Signed by Judge Melissa Damian on 6/27/2024. See attached document for full details. (pc)
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33 33 minutes Status Conference Thu 06/27 11:01 AM
PAPERLESS Minute Entry for proceedings held before Judge Melissa Damian: Status Conference held via Zoom on 6/27/2024. Order to Follow. Total time in court: 8 minutes. Attorney Appearance(s): Todd William Shulby and Glenn R Goldstein. Court Reporter: Quanincia Hill, 305-523-5634 / Quanincia_Hill@flsd.uscourts.gov. (cos)
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Wednesday, June 26, 2024
32 32 order - Order (PAPERLESS or pdf attached) Wed 06/26 3:41 PM
ORDER Setting Status Conference by Zoom. Signed by Judge Melissa Damian on 6/26/2024. See attached document for full details. (cos)
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Monday, June 24, 2024
31 31 order Order on Motion to Set Aside Default Mon 06/24 1:34 PM
PAPERLESS ORDER GRANTING28 Defendant MBS Caribbean Restaurant & Bakery, Inc.'s ("MBS") Unopposed Motion to Set Aside Clerk's Default (the "Motion"). This matter is before the undersigned for all pretrial non-dispositive motions. ECF No.22 . At 3. "[A] court may set aside an entry of default for good cause." Fed. R. Civ. P. 55(c). The party seeking to have the default set aside bears the burden of establishing good cause. Sherrard v. Macy's Sys. & Tech. Inc. , 724 F. App'x 736, 738 (11th Cir. 2018). Good cause is a mutable and liberal standard, "not susceptible to a precise formula." Id. In evaluating whether the good cause standard has been met, courts consider several factors, including: "(a) whether the default was culpable or willful; (b) whether setting it aside would prejudice the adversary, (c) whether the defaulting party presents a meritorious defense; (d) whether there was significant financial loss to the defaulting party; and (e) whether the defaulting party acted promptly to correct the default." XYZ Corp. v. Individuals, Partnerships, & Unincorporated Associations Identified on Schedule "A" , No. 23-CV-22599, 2023 WL 11796987 (S.D. Fla. Oct. 30, 2023) (citation omitted). These factors are simply "a means of identifying circumstances which warrant the finding of good cause to set aside a default." Id. (citation omitted). When ruling on a motion to set aside an entry of default, "[t]he Court is vested with considerable discretion." Id. Further, because of the strong policy of determining cases on their merits, the Eleventh Circuit views defaults with disfavor. Florida Physician's Ins. Co. v. Ehlers , 8 F.3d 780, 783 (11th Cir. 1993). Here, the Motion is unopposed. Further, in support of its Motion, Defendant MBS attached a Declaration affirming that: (i) its failure to respond was inadvertent; and (ii) Defendant intends to defend on the merits. The undersigned also finds that Defendant MBS acted promptly upon learning of the Clerk's Default and there is no prejudice to Plaintiff if the default is vacated. See, e.g., Sherrard , 724 F. App'x at 739 (noting that inadvertent mistake, prompt action to correct its default, and lack of prejudice are sufficient to show good cause to vacate clerk's default). Accordingly, the Motion is GRANTED . The Clerk's Default upon Defendant MBS within ECF No.10 is hereby VACATED . Defendant MBS must respond to1 the Complaint by July 8, 2024 . Signed by Magistrate Judge Alicia O. Valle on 6/24/2024. (sd01)
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30 30 order Clerk's Appointment of Mediator Mon 06/24 11:12 AM
Clerk's Appointment of Mediator: Karen Evans-Putney added (pt)
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utility ~Util - Set/Reset Response/Answer Due Deadline Mon 06/24 2:35 PM
Set/Reset Response/Answer Due Deadline per DE 31 Order. MBS Caribbean Restaurant & Bakery, Inc. response/answer due 7/8/2024. (amb)
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Friday, June 21, 2024
29 29 1 pgs order Order Directing Clerk to Appoint Mediator ~Util - Terminate Motions Mon 06/24 9:57 AM
ORDER ON PLAINTIFF'S MOTION FOR CLERK TO APPOINT NEW MEDIATOR DIRECTING CLERK TO APPOINT MEDIATOR: re:26 Motion to Appoint Mediator filed by Rudolph Betancourt. Motions terminated:26 Unopposed MOTION to Appoint Mediator New Mediator filed by Rudolph Betancourt. Signed by Judge Melissa Damian on 6/21/2024. See attached document for full details. (pc)
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28 28 motion Set Aside Default Fri 06/21 2:43 PM
Unopposed MOTION to Set Aside Default Upon Defendant MBS Caribbean Restaurant & Bakery, Inc. by Amante Holdings LLC, MBS Caribbean Restaurant & Bakery, Inc..(Shulby, Todd)
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Att: 1 Exhibit Declaration
27 27 notice Notice of Attorney Appearance Fri 06/21 2:41 PM
NOTICE of Attorney Appearance by Todd William Shulby on behalf of Amante Holdings LLC, MBS Caribbean Restaurant & Bakery, Inc.. Attorney Todd William Shulby added to party MBS Caribbean Restaurant & Bakery, Inc.(pty:dft). (Shulby, Todd)
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Tuesday, June 18, 2024
26 26 motion Appoint Mediator Tue 06/18 4:00 PM
Unopposed MOTION to Appoint Mediator New Mediator by Rudolph Betancourt. Responses due by 7/2/2024.(Goldstein, Glenn)
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Att: 1 Text of Proposed Order
Monday, June 17, 2024
25 25 order Clerk's Appointment of Mediator Mon 06/17 2:42 PM
Clerk's Appointment of Mediator: Alvin Capp added (pt)
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24 24 adr Request for Clerk to Appoint Mediator Mon 06/17 2:24 PM
Request for Clerk to Appoint Mediator(Goldstein, Glenn)
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Saturday, June 15, 2024
23 23 answer Answer to Complaint Sat 06/15 12:35 PM
ANSWER and Affirmative Defenses to Complaint by Amante Holdings LLC. (Shulby, Todd)
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Friday, June 14, 2024
22 22 order Scheduling Order Order Referring Case to Mediation Order Referring Case to Magistrate Judge Fri 06/14 10:04 AM
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Jury Trial set for 1/27/2025 in Fort Lauderdale Division before Judge Melissa Damian., Calendar Call set for 1/22/2025 01:30 PM in Fort Lauderdale Division before Judge Melissa Damian., (Mediation Deadline 8/19/2024.), ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Pretrial Non-Dispositive Matters. Signed by Judge Melissa Damian on 6/14/2024. See attached document for full details. (pc) [LINK:Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.]
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Wednesday, June 12, 2024
21 21 misc Scheduling Report - Rule 26(f)/16.1 Wed 06/12 9:52 AM
Joint SCHEDULING REPORT - Rule 26(f) by Rudolph Betancourt (Goldstein, Glenn)
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Friday, June 07, 2024
20 20 order - Order (PAPERLESS or pdf attached) ~Util - Set/Reset Deadlines/Hearings Fri 06/07 12:05 PM
ORDER SETTING STATUS CONFERENCE. ( Status Conference set for 6/27/2024 10:00 AM in Fort Lauderdale Division before Judge Melissa Damian.) Signed by Judge Melissa Damian on 6/7/2024. See attached document for full details. (amb)
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Thursday, June 06, 2024
19 19 notice Notice (Other) Thu 06/06 2:38 PM
Plaintiff's NOTICE of Joint and Several Liability by Rudolph Betancourt re11 Order (Goldstein, Glenn)
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Tuesday, June 04, 2024
18 18 order Order on Motion for Extension of Time Tue 06/04 9:52 AM
PAPERLESS ORDER GRANTING16 Plaintiff's Unopposed Motion for Extension of Time to File Parties' Joint Scheduling Report. Finding good cause for the requested extension of time, and noting Defendant Amante Holdings LLC does not object, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED . Accordingly, the parties shall file their Joint Scheduling Report by June 17, 2024 . Signed by Judge Melissa Damian on 6/4/2024. (cos)
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Monday, June 03, 2024
17 17 4 pgs order Order on Motion to Set Aside Default Mon 06/03 10:31 AM
ORDER GRANTING MOTION TO SET ASIDE DEFAULT ECF NO.13 : The Clerk's Default ECF No.10 as to Defendant Amante Holdings LLC is VACATED. Amante shall respond to the Complaint on or before June 17, 2024. Signed by Judge Melissa Damian on 6/3/2024. See attached document for full details. (pc)
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utility ~Util - Set/Reset Response/Answer Due Deadline Mon 06/03 10:33 AM
Set/Reset Response/Answer Due Deadline: Amante Holdings LLC response/answer due 6/17/2024. (per DE17 ) (pc)
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Friday, May 31, 2024
16 16 motion Extension of Time Fri 05/31 1:40 PM
Unopposed MOTION for Extension of Time to File Parties' Joint Scheduling Report Pursuant to DE#7 by Rudolph Betancourt. Responses due by 6/14/2024.(Goldstein, Glenn)
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Att: 1 Text of Proposed Order
Tuesday, May 28, 2024
15 15 notice Notice of Pending, Refiled, Related or Similar Actions Tue 05/28 12:39 PM
Notice of Pending, Refiled, Related or Similar Actions by Amante Holdings LLC (Shulby, Todd)
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14 14 misc Certificate of Other Affiliates/Corporate Disclosure Statement Tue 05/28 12:39 PM
Certificate of Other Affiliates/Corporate Disclosure Statement by Amante Holdings LLC (Shulby, Todd)
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13 13 motion Set Aside Default Tue 05/28 12:38 PM
Unopposed MOTION to Set Aside Default by Amante Holdings LLC.(Shulby, Todd)
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Att: 1 Declaration
12 12 notice Notice of Attorney Appearance Tue 05/28 12:37 PM
NOTICE of Attorney Appearance by Todd William Shulby on behalf of Amante Holdings LLC. Attorney Todd William Shulby added to party Amante Holdings LLC(pty:dft). (Shulby, Todd)
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Thursday, May 23, 2024
11 11 order - Order (PAPERLESS or pdf attached) Fri 05/24 9:28 AM
ORDER ON DEFAULT FINAL JUDGMENT PROCEDURE re10 Clerk's Entry/Non-Entry of Default. Signed by Judge Melissa Damian on 5/23/2024. See attached document for full details. (drz)
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10 10 order Clerk's Entry/Non-Entry of Default - FORM Thu 05/23 10:48 AM
Clerk's Entry of Default as to AMANTE HOLDINGS LLC, MBS CARIBBEAN RESTAURANT & BAKERY, INC. - Motions Terminated:9 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 5/23/2024. (amb)
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Wednesday, May 22, 2024
9 9 motion Clerk's Entry of Default Wed 05/22 2:45 PM
Plaintiff's MOTION for Clerk's Entry of Default as to Amante Holdings LLC, MBS Caribbean Restaurant & Bakery, Inc. by Rudolph Betancourt.(Goldstein, Glenn)
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Att: 1 Affidavit,
Att: 2 Text of Proposed Order,
Att: 3 Exhibit
Monday, May 20, 2024
8 8 service Summons (Affidavit) Returned Executed Mon 05/20 11:38 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Rudolph Betancourt. MBS Caribbean Restaurant & Bakery, Inc. served on 4/25/2024, response/answer due 5/16/2024. (Goldstein, Glenn)
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Monday, May 13, 2024
7 7 1 pgs order Order Requiring Joint Scheduling Report Mon 05/13 10:31 AM
Order Requiring Joint Scheduling Report and Certificates of Interested Parties Joint Scheduling Report due by 6/3/2024 Signed by Judge Melissa Damian on 5/13/2024. See attached document for full details. (pc)
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Friday, May 10, 2024
6 6 service Summons (Affidavit) Returned Executed Fri 05/10 12:32 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Rudolph Betancourt. Amante Holdings LLC served on 4/25/2024, response/answer due 5/16/2024. (Goldstein, Glenn)
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Friday, April 19, 2024
5 5 misc Certificate of Other Affiliates/Corporate Disclosure Statement Fri 04/19 11:33 AM
Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Rudolph Betancourt (Goldstein, Glenn)
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4 4 notice Certificate of Counsel Fri 04/19 11:32 AM
CERTIFICATE of Counsel RE Prior Filings Under the ADA by Glenn R Goldstein on behalf of Rudolph Betancourt (Goldstein, Glenn)
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Thursday, April 18, 2024
3 3 service Summons Issued Thu 04/18 1:06 PM
Summons Issued as to Amante Holdings LLC, MBS Caribbean Restaurant & Bakery, Inc.. (pc)
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2 2 order Clerk's Notice of Judge Assignment and Optional Consent Thu 04/18 12:57 PM
Clerks Notice of Judge Assignment to Judge Melissa Damian. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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. (pc)
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1 1 cmp Complaint Thu 04/18 12:45 PM
COMPLAINT against Amante Holdings LLC, MBS Caribbean Restaurant & Bakery, Inc.. Filing fees $ 405.00 receipt number AFLSDC-17458778, filed by Rudolph Betancourt.(Wassenberg, Lauren)
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Att: 1 Civil Cover Sheet,
Att: 2 Summon(s),
Att: 3 Summon(s)