Herrera v. Jaguar Restaurant Group, LLC
| Florida Southern District Court | |
| Judge: | K Michael Moore |
| Referred: | Marty Fulgueira Elfenbein |
| Case #: | 1:25-cv-21293 |
| Nature of Suit | 446 Civil Rights - Amer w/Disabilities - Other |
| Cause | 42:12182 Americans with Disabilities Act |
| Case Filed: | Mar 19, 2025 |
| Terminated: | May 09, 2025 |
| Last checked: Saturday May 03, 2025 7:22 AM EDT |
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Consol Defendant
Omakai Sushi Holdings, LLC
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Represented By
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Defendant
Jaguar Restaurant Group, LLC
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Represented By
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Plaintiff
Oscar Herrera
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Represented By
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| Docket last updated: 11 hours ago |
| Friday, May 09, 2025 | ||
| 18 | 18
order
Order Dismissing/Closing Case or Party
Fri 05/09 2:48 PM
PAPERLESS NOTICE OF COURT PRACTICE. THIS CAUSE came before the Court upon the Parties' Notices of Settlement.16 ,17 . Therein, the Parties state that a settlement has been reached. See id. The Parties are hereby directed to file a stipulation of dismissal of all claims signed by all parties pursuant to Rule 41(a) of the Federal Rules of Civil Procedure within thirty (30) days from the date of this Notice. If such papers are not filed within the time specified, this matter will be dismissed, and the Court will be divested of jurisdiction to enforce the settlement agreement. The Clerk of Court is INSTRUCTED to ADMINISTRATIVELY CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 5/9/2025. (dp01) |
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| Thursday, May 08, 2025 | ||
| 17 | 17
notice
Notice of Settlement - aty
Thu 05/08 5:27 PM
NOTICE of Settlement as to Defendant OMAKAI SUSHI HOLDINGS, LLC by Oscar Herrera (Hannah, Roderick) |
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| Friday, May 02, 2025 | ||
| 16 | 16
notice
Notice of Settlement - aty
Fri 05/02 10:58 AM
NOTICE of Settlement as to Defendant Jaguar Only - Joint by Jaguar Restaurant Group, LLC (Protopapadakis, Anastasia) |
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| Monday, April 21, 2025 | ||
| 15 | 15
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Mon 04/21 1:01 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion for Extension of Time to Respond to Plaintiff's Amended Complaint.13 . Therein, Defense Counsel states that she was "recently retained to defend this matter" and has "not yet received complete files and has not had the opportunity to review the files and/or to analyze Plaintiff's claims in order to respond to Plaintiff's Complaint." Id. Plaintiff does not oppose the requested relief. Id. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion13 is GRANTED. Defendant shall file its response on or before May 27, 2025. Signed by Judge K. Michael Moore on 4/21/2025. (dp01) |
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utility
~Util - Set/Reset Response/Answer Due Deadline
Mon 04/21 1:44 PM
Set Response Due Deadline per DE 15 Order: Jaguar Restaurant Group, LLC response due 5/27/2025. (kpe) |
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| Friday, April 18, 2025 | ||
| 14 | 14
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Fri 04/18 1:55 PM
Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Jaguar Restaurant Group, LLC (Protopapadakis, Anastasia) |
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| 13 | 13
motion
Extension of Time to File Response/Reply/Answer
Fri 04/18 1:52 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to10 Amended Complaint/Amended Notice of Removal by Jaguar Restaurant Group, LLC. Attorney Anastasia Protopapadakis added to party Jaguar Restaurant Group, LLC(pty:dft).(Protopapadakis, Anastasia) |
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Att: 1
Exhibit Proposed Order
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| Monday, April 14, 2025 | ||
| 12 | 12
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Mon 04/14 5:02 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion for Extension of Time to Respond to Plaintiff's Amended Complaint.11 . Plaintiff does not oppose the requested relief. Id. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion11 is GRANTED. Defendant shall file its response on or before May 14, 2025. Signed by Judge K. Michael Moore on 4/14/2025. (dp01) |
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utility
~Util - Set/Reset Response/Answer Due Deadline
Tue 04/15 8:35 AM
Set Response Due Deadline per DE 12 Order: Jaguar Restaurant Group, LLC response due 5/14/2025. (kpe) |
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| Thursday, April 10, 2025 | ||
| 11 | 11
motion
Extension of Time to File Response/Reply/Answer
Thu 04/10 10:24 AM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to9 Summons Returned Executed,10 Amended Complaint/Amended Notice of Removal by Omakai Sushi Holdings, LLC. Attorney Juan Carlos Valdes added to party Omakai Sushi Holdings, LLC(pty:condft). (Valdes, Juan) |
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| Monday, April 07, 2025 | ||
| 10 | 10
cmp
Amended Complaint/Amended Notice of Removal
Mon 04/07 6:08 PM
AMENDED COMPLAINT against Jaguar Restaurant Group, LLC, Omakai Sushi Holdings, LLC filed in response to Order Granting Motion for Leave, filed by Oscar Herrera.(Hannah, Roderick) |
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| 9 | 9
service
Summons (Affidavit) Returned Executed
Mon 04/07 12:39 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Omakai Sushi Holdings, LLC. Omakai Sushi Holdings, LLC served on 3/24/2025, response/answer due 4/14/2025. (Hannah, Roderick) |
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| 8 | 8
service
Summons (Affidavit) Returned Executed
Mon 04/07 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 Jaguar Restaurant Group, LLC. Jaguar Restaurant Group, LLC served on 4/4/2025, response/answer due 4/25/2025. (Hannah, Roderick) |
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| Tuesday, March 25, 2025 | ||
| 7 | 7
order
- Order (PAPERLESS or pdf attached)
Tue 03/25 11:28 AM
PAPERLESS ORDER CONSOLIDATING CASES. THIS CAUSE came before the Court upon a sua sponte review of the record. Rule 42(a) of the Federal Rules of Civil Procedure allows the Court to consolidate actions that have common questions of law or fact. Fed. R. Civ. P. 42(a). Here, the Court finds that Case Nos. 1:25-cv-21293-KMM and 1:25-cv-21305-KMM involve common questions of law and fact, such that consolidation is appropriate. Accordingly, Case No. 1:25-cv-21305-KMM is hereby CONSOLIDATED with Case No. 1:25-cv-21293-KMM for all purposes, including trial. The Clerk of the Court is INSTRUCTED to administratively CLOSE Case No. 1:25-cv-21305-KMM. All future filings MUST be made only in the lead case, Case No. 1:25-cv-21293-KMM . All pending motions, if any, in Case No. 1:25-cv-21305-KMM are DENIED AS MOOT. It is further ORDERED that Plaintiff shall file an amended complaint in Case No. 1:25-cv-21293-KMM within fourteen (14) days of the entry of this Order. It is further ORDERED that the Parties shall submit a revised joint scheduling report that complies with the requirements set forth in the Court's Pretrial Order (ECF No. 4) within thirty (30) days of the filing of the Amended Complaint. Signed by Judge K. Michael Moore on 3/25/2025. (dp01) |
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| Thursday, March 20, 2025 | ||
| 6 | 6
order
- Order (PAPERLESS or pdf attached)
Fri 03/21 8:05 AM
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/20/2025. See attached document for full details. (drz) |
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| 5 | 5
order
Order Referring Case to Magistrate Judge
Thu 03/20 10:43 AM
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 3/20/2025. (dp01) |
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| 4 | 4
order
Pretrial Order
Thu 03/20 10:41 AM
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 3/20/2025. (dp01) |
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| Wednesday, March 19, 2025 | ||
| 3 | 3
service
Summons Issued
Wed 03/19 4:45 PM
Summons Issued as to Jaguar Restaurant Group, LLC. (cwc) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Wed 03/19 4:43 PM
Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein 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. (cwc) |
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22
pgs
cmp
Complaint
Wed 03/19 4:34 PM
COMPLAINT against Jaguar Restaurant Group, LLC. Filing fees $ 405.00 receipt number AFLSDC-18296919, filed by Oscar Herrera.(Hannah, Roderick) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summon(s)
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