Case Details

CourtMiddle District of Florida
Docket number8:12-cv-02005
Date case filed2012-09-04
Date case closed2013-08-06
Date of latest filing
Assigned toJudge James S. Moody, Jr
Case causeAmericans with Disabilities Act
Nature of suit446 Civil Rights: Americans with Disabilities - Other
Jury demandNone
Demand
JurisdictionFederal Question

Case Parties

Party: Patricia Kennedy
Party type: Plaintiff
Attorney name: Philip Michael Cullen , III
Attorney Contact:
Thomas B. Bacon, PA
Suite 4
621 S Federal Hwy
Ft Lauderdale, FL 33301
954/462-0600
Fax: 954/462-1717
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Denise Payne
Party type: Plaintiff
Attorney name: Philip Michael Cullen , III
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Macy's Florida Stores, LLC
Party type: Defendant
Attorney name: Rene F. Ruiz
Attorney Contact:
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA
Suite 2200
150 W Flagler St
Miami, FL 33130
305-789-3292
Fax: 305-789-2691
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-09-04 COMPLAINT against Macy's, Florida Stores, LLC. (Filing fee $350 receipt number TPA13057) filed by Patricia Kennedy. (Attachments: # 1 Civil Cover Sheet, # 2 Fee Agreement) (DMS) (Entered: 09/05/2012)
22012-09-04 Summons issued as to Macy's, Florida Stores, LLC. (DMS) (Entered: 09/05/2012)
32012-11-21 Defendant's ANSWER and affirmative defenses to 1 Complaint by Macy's, Florida Stores, LLC..(Ruiz, Rene) (Entered: 11/21/2012)
42012-11-26 A.D.A. SCHEDULING ORDER. Plaintiff shall answer the Court's interrogatories within 30 days. (See Order for further details and instructions.) A Status Conference is set for WEDNESDAY, MAY 29, 2013, at 9:15 A.M. Signed by Judge James S. Moody, Jr on 11/26/2012. (LN) (Entered: 11/26/2012)
52012-11-29 RETURN of service executed on 10/31/2012 by Patricia Kennedy as to Macy's, Florida Stores, LLC.. (Cullen, Philip) (Entered: 11/29/2012)
62012-12-18 MOTION for entry of clerk's default against Macy's, Florida Stores, LLC. by Patricia Kennedy. (Cullen, Philip) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 12/18/2012)
72012-12-18 ORDER denying 6 Motion for entry of clerk's default. Signed by Judge James S. Moody, Jr. on 12/18/2012. (SMB) (Entered: 12/18/2012)
82012-12-21 Unopposed MOTION to amend/correct 1 Complaint by Patricia Kennedy. (Attachments: # 1 Exhibit Proposed Amended Complaint)(Cullen, Philip) (Entered: 12/21/2012)
92012-12-21 ENDORSED ORDER granting 8 Plaintiff's Motion to Amend Complaint. Signed by Judge James S. Moody, Jr on 12/21/2012. (LN) (Entered: 12/21/2012)
102012-12-26 Unopposed MOTION for extension of time to file document (answers to Court Interrogatories) by Patricia Kennedy, Denise Payne. (Cullen, Philip) (Entered: 12/26/2012)
112012-12-26 ENDORSED ORDER granting 10 Motion for extension of time to file answers to Court interrogatories. Extension granted through January 7, 2013. Signed by Judge James S. Moody, Jr on 12/26/2012. (LN) (Entered: 12/26/2012)
122012-12-27 Unopposed MOTION to extend time to Respond to Plaintiff's Amended Complaint by Macy's, Florida Stores, LLC.. (Ruiz, Rene) (Entered: 12/27/2012)
132012-12-27 ENDORSED ORDER denying as moot 12 Defendant's Motion to extend time to respond to Plaintiff's Amended Complaint. Plaintiff has yet to file her Amended Complaint. No response is necessary until Plaintiff files an Amended Complaint. Signed by Judge James S. Moody, Jr on 12/27/2012. (LN) (Entered: 12/27/2012)
142013-01-01 AMENDED COMPLAINT against Macy's, Florida Stores, LLC. filed by Denise Payne, Patricia Kennedy. Related document: 1 Complaint filed by Patricia Kennedy.(Cullen, Philip) (Entered: 01/01/2013)
152013-01-02 Unopposed MOTION for extension of time to file response/reply as to 14 Amended complaint by Macy's, Florida Stores, LLC.. (Ruiz, Rene) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 01/02/2013)
162013-01-02 ENDORSED ORDER granting 15 Motion for extension of time to file response to 14 Amended complaint. Response due by 1/25/2013. Signed by Judge James S. Moody, Jr on 1/2/2013. (LN) (Entered: 01/02/2013)
172013-01-09 **TERMINATED. IMPROPER FILING OF DISCOVERY. COUNSEL NOTIFIED.**NOTICE by Patricia Kennedy, Denise Payne re 4 Order (Attachments: # 1 Exhibit Initial report)(Cullen, Philip) Modified on 1/10/2013 (DMS). (Entered: 01/09/2013)
182013-01-11 ANSWER to court interrogatories re: 4 Order by Patricia Kennedy. (Cullen, Philip) (Entered: 01/11/2013)
192013-01-15 ANSWER to court interrogatories re: 4 Order by Denise Payne. (Attachments: # 1 Affidavit)(Cullen, Philip) (Entered: 01/15/2013)
202013-01-25 Defendant's ANSWER and affirmative defenses to 14 Amended Complaint by Macy's Florida Stores, LLC.(Ruiz, Rene) (Entered: 01/25/2013)
212013-02-11 RESPONSE re 18 Answer to court interrogatories, 19 Answer to court interrogatories by Macy's Florida Stores, LLC. (Ruiz, Rene) (Entered: 02/11/2013)
222013-05-06 Unopposed MOTION to extend time to Mediate by Patricia Kennedy, Denise Payne. (Cullen, Philip) (Entered: 05/06/2013)
232013-05-06 ENDORSED ORDER granting 22 Motion to extend time to mediate by an additional forty-five (45) days. Based on the representations made in the motion, the Court assumes the parties will shortly file a motion to move the status conference scheduled for May 29, 2013. Signed by Judge James S. Moody, Jr on 5/6/2013. (KAK) (Entered: 05/06/2013)
242013-05-07 Unopposed MOTION for miscellaneous relief, specifically Postpone Status Conference by Patricia Kennedy, Denise Payne. (Cullen, Philip) (Entered: 05/07/2013)
252013-05-07 ENDORSED ORDER granting 24 Motion to postpone status conference. The 5/29/13 status conference is rescheduled to 7/10/13 at 9:15 a.m. Signed by Judge James S. Moody, Jr. on 5/7/2013. (SMB) (Entered: 05/07/2013)
262013-05-07 NOTICE OF RESCHEDULING HEARING: The status conference hearing previously scheduled for 5/29/13 is rescheduled. New scheduling date and time: STATUS CONFERENCE is reset for WEDNESDAY, JULY 10, 2013, at 9:15 AM in Tampa Courtroom 13A before Judge James S. Moody Jr. (SMB) (Entered: 05/07/2013)
272013-07-06 Unopposed MOTION to Appear Telephonically by Patricia Kennedy, Denise Payne. (Cullen, Philip) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 07/06/2013)
282013-07-08 ENDORSED ORDER granting 27 Motion to Appear Telephonically at Status Conference on 7-10-13. Attorney Philip Cullen shall contact Chambers (813-301-5680) at least 24 hours prior to the hearing to make the required arrangements. Signed by Judge James S. Moody, Jr on 7/8/2013. (LN) (Entered: 07/08/2013)
292013-07-08 Unopposed MOTION for miscellaneous relief, specifically For Leave to Appear at Status Conference By Telephone by Macy's Florida Stores, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Ruiz, Rene) (Entered: 07/08/2013)
302013-07-08 ENDORSED ORDER granting 29 Motion for leave to appear at Status Conference by telphone. Attorney Rene Ruiz shall contact Chambers (813-301-5680) prior to the hearing to make the required arrangements. Signed by Judge James S. Moody, Jr on 7/8/2013. (LN) (Entered: 07/08/2013)
312013-07-10 Minute Entry. Proceedings held before Judge James S. Moody, Jr.: STATUS CONFERENCE held on 7/10/2013. Court Reporter: Sherrill L. Jackson (SMB) (Entered: 07/12/2013)
322013-07-12 NOTICE OF TRIAL (BENCH): This case is set on the AUGUST trial term beginning on 8/5/13 and running through 8/30/13 in Tampa Courtroom 13A before Judge James S. Moody Jr. (SMB) (Entered: 07/12/2013)
332013-07-18 AUGUST TRIAL CALENDAR: This case is set on the August trial term beginning on 8/5/13 and running through 8/30/13 in Tampa Courtroom 13A before Judge James S. Moody, Jr. Signed by Deputy Clerk on 7/18/2013. (SMB) (Entered: 07/18/2013)
342013-07-30 ORDER: If either party wishes to engage in further discovery, that party shall file a motion requesting the discovery ban be lifted and state the reasons why such discovery is needed. The Court does not require any trial briefs, stipulations, or proposed findings of fact for the bench trial set for the August 2013 trial term. Any motions in limine must be filed on or before Friday, August 2, 2013. If all barriers are removed by the date of trial, Defendant shall be the prevailing party as the sole issue presented in this case is injunctive relief. Signed by Judge James S. Moody, Jr on 7/30/2013. (LN) (Entered: 07/30/2013)
352013-07-30 Unopposed MOTION for miscellaneous relief, specifically to Be Excused From a Portion of Trial Calendar by Patricia Kennedy, Denise Payne. (Cullen, Philip) (Entered: 07/30/2013)
362013-07-30 ENDORSED ORDER granting 35 Plaintiff's Motion to be Excused from a Portion of the Trial Calendar. PROTECTED DATES: August 16-22, 2013. Signed by Judge James S. Moody, Jr on 7/30/2013. (LN) (Entered: 07/30/2013)
372013-07-31 TRIAL NOTICE (date certain): A BENCH TRIAL is scheduled for TUESDAY, AUGUST 13, 2013, at 10:30 AM in Tampa Courtroom 13A before Judge James S. Moody Jr. (SMB) (Entered: 07/31/2013)
382013-07-31 MOTION for miscellaneous relief, specifically Lift discovery stay by Patricia Kennedy, Denise Payne. (Attachments: # 1 Exhibit Expert Report, # 2 Exhibit Request to Produce, # 3 Exhibit Interrogatories)(Cullen, Philip) (Entered: 07/31/2013)
392013-07-31 ENDORSED ORDER: Defendant shall respond to 38 Motion for miscellaneous relief by Friday, August 2, 2013. Signed by Judge James S. Moody, Jr on 7/31/2013. (LN) (Entered: 07/31/2013)
402013-08-02 NOTICE of settlement Joint by Macy's Florida Stores, LLC (Ruiz, Rene) (Entered: 08/02/2013)
412013-08-05 60-DAY ORDER OF DISMISSAL. All pending motions are denied as moot. Clerk shall close the file. Signed by Judge James S. Moody, Jr on 8/5/2013. (LN) (Entered: 08/05/2013)