EFTA01092803.pdf

CM/ECF - Live Database - flsd Page 1 of 6 CLOSED U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 1:96-cv-02245-EBD Florida Paraplegic, et al v. Kadosh, et al Date Filed: 08/12/1996 Assigned to: Judge Edward B. Davis Date Terminated: 05/16/1997 Demand: $0 Jury Demand: None Cause: 28:1331 Federal Question Nature of Suit: 443 Civil Rights: Accommodations Jurisdiction: Federal Question Plaintiff Florida Paraplegic Association, Inc. represented by Stuart A. Rosenfeldt a Florida not-for-profit corporation Rosenfeldt & Birken, P.A. 100 SE 3rd Ave Suite 1300 Fort Lauderdale, FL 33394 Email: LEAD ATTORNEY ATTORNEY TO BE NOTICED DISBARRED 08/25/2014 Plaintiff Association For Disabled Americans, represented by Stuart A. Rosenfeldt Inc. (See above for address) a Florida not-for-profit corporation LEAD ATTORNEY ATTORNEY TO BE NOTICED DISBARRED 08/25/2014 V. Defendant Michael Kadosh represented by John Rollins Allison , III Allison & Robertson 100 SE 2nd Street Suite 3350 Miami, FL 33131-2151 LEAD ATTORNEY ATTORNEY TO BE NOTICED https://ectflsd.uscourts.gov/cgi-bin/DktRpt.p17918999314447514-L 1_0-1 7/15/2015 EFTA01092803 CM/ECF - Live Database - flsd Page 2 of 6 Mark Christopher Rutecki Rutecki & Rutecki 100 SE 2nd Street Suite 3400 Miami, FL 33131 LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Bar None, Ltd. represented by Stephen N. Zack a limited partnership which operates a Boies Schiller & Flexner public accomodation 100 SE 2nd Street Suite 2800, Miami Tower Miami. FL 33131-2144 Email: LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Plantronics, Inc. represented by Stephen N. Zack as General Partner of Bar None, Ltd (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cross Claimant Michael Kadosh represented by John Rollins Allison , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Christopher Rutecki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Cross Defendant Bar None, Ltd. Date Filed # Docket Text 08/12/1996 1 COMPLAINT filed; FILING FEE S 120.00 RECEIPT # 666042; A-7; RLD (Former Deputy Clerk) (Entered: 08/16/1996) https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.p17918999314447514-L_1_0-1 7/15/2015 EFTA01092804 CM/ECF - Live Database - flsd Page 3 of 6 08/12/1996 Magistrate identification: Magistrate Judge Robert L. Dube (Former Deputy Clerk) (Entered: 08/16/1996) 08/12/1996 2 SUMMONS(ES) issued for Michael Kadosh (Former Deputy Clerk) (Entered: 08/16/1996) 10/11/1996 3 RETURN OF SERVICE executed for Michael Kadosh on 10/1/96 by serving Nadia Damati Answer due on 10/21/96 for Michael Kadosh (Former Deputy Clerk) (Entered: 10/22/1996) 11/08/1996 4 MOTION by Michael Kadosh to extend time to respond to complaint (lh, Deputy Clerk) (Entered: 11/16/1996) 11/13/1996 5 ORDER granting [4-1] motion to extend time to respond to complaint ( signed by Judge Edward B. Davis on 11/13/96) CCAP (lb, Deputy Clerk) (Entered: 11/16/1996) 11/14/1996 6 RESPONSE by Disabled Americans, Florida Paraplegic in opposition to [4-1] motion to extend time to respond to complaint (1h, Deputy Clerk) (Entered: 11/16/1996) 11/15/1996 7 REPLY by Michael Kadosh to response to [4-1] motion to extend time to respond to complaint (Former Deputy Clerk) (Entered: 11/20/1996) 11/29/1996 8 REQUEST by Disabled Americans, Florida Paraplegic for entry upon land for inspection and other purposes (Former Deputy Clerk) (Entered: 12/04/1996) 12/20/1996 9 RESPONSE by Michael Kadosh to [8-1] motion for entry upon land for inspection and other purposes (Former Deputy Clerk) (Entered: 12/30/1996) 12/20/1996 10 RESPONSE by Michael Kadosh to Request for Production (Former Deputy Clerk) (Entered: 12/30/1996) 01/10/1997 11 MOTION with memorandum in support by Michael Kadosh to dismiss complaint for failure to join a necessary party under Rule 19 (Former Deputy Clerk) (Entered: 01/10/1997) 01/27/1997 12 AMENDED COMPLAINT by Disabled Americans, Florida Paraplegic ,amending [1-1] complaint adding Bar None, Ltd., Plantronics, Inc. (Former Deputy Clerk) (Entered: 02/05/1997) 01/27/1997 13 SUMMONS(ES) issued for Bar None, Ltd. by serving George R. Richard. registered agent (Former Deputy Clerk) (Entered: 02/05/1997) 01/27/1997 14 SUMMONS(ES) issued for Plantronics, Inc. by serving Neal Litman, Registered Agent (Former Deputy Clerk) (Entered: 02/05/1997) 02/04/1997 15 RETURN OF SERVICE executed for Plantronics, Inc. by serving Neal Litman, Registered agent on 1/27/97 Answer due on 2/16/97 for Plantronics, Inc. (Former Deputy Clerk) (Entered: 02/05/1997) 02/12/1997 1¢ RETURN OF SERVICE executed for Bar None, Ltd. on 2/10/97 by serving Neal Litman, as the registered agent. Answer due on 3/2/97 for Bar None, Ltd. (Former Deputy Clerk) (Entered: 02/18/1997) 02/12/1997 17 https://ecf.flsd.uscourts.gov/cgi-bin/DktRpt.p17918999314447514-L_1_0-1 7/15/2015 EFTA01092805 CM/ECF - Live Database - flsd Page 4 of 6 ORDER denying as moot [11-1] motion to dismiss complaint for failure to join a necessary party under Rule 19 ( signed by Judge Edward B. Davis on 2/12/97) CCAP (Former Deputy Clerk) (Entered: 02/18/1997) 02/25/1997 18 ANSWER and Affirmative Defenses by Michael Kadosh to amended complaint (Former Deputy Clerk) (Entered: 02/26/1997) 02/25/1997 18 CROSSCLAIM by Michael Kadosh against Bar None, Ltd. (Former Deputy Clerk) (Entered: 02/26/1997) 03/03/1997 19 MOTION by Bar None, Ltd., Plantronics, Inc. to extend time to respond to complaint (hd, Deputy Clerk) (Entered: 03/12/1997) 03/10/1997 20 ORDER granting [19-1] motion to extend time to 3/17/97 to respond to the complaint ( signed by Judge Edward B. Davis on 3/7/97) (Former Deputy Clerk) (Entered: 03/17/1997) 03/17/1997 21 SECOND MOTION by Bar None, Ltd. to extend time to respond to the complaint (Former Deputy Clerk) (Entered: 03/21/1997) 03/24/1997 22 ORDER granting [21-1] motion to extend time to respond to the complaint reset answer due for 3/27/97 for Plantronics, Inc., for Bar None, Ltd. ( signed by Judge Edward B. Davis on 3/22/97) CCAP (Former Deputy Clerk) (Entered: 03/28/1997) 03/27/1997 la THIRD MOTION by Bar None, Ltd., Plantronics, Inc. to extend time to respond to the plaintiffs' complaint (Former Deputy Clerk) (Entered: 04/02/1997) 03/27/1997 24 MOTION by Bar None, Ltd., Plantronics, Inc. to extend time to respond to the plaintiff's first request for production (Former Deputy Clerk) (Entered: 04/02/1997) 03/28/1997 25 ORDER Referring Motion(s) [8-1] motion for entry upon land for inspection and other purposes referred to Judge Robert L. Dube ( signed by Judge Edward B. Davis on 3/28/97) (Former Deputy Clerk) (Entered: 04/02/1997) 03/28/1997 25 ORDER REFERRING all (PRE-TRIAL) discovery matters to Magistrate Judge Robert L. Dube ( Signed by Judge Edward B. Davis on 3/28/97) CCAP (Former Deputy Clerk) (Entered: 04/02/1997) 04/07/1997 26 ORDER granting [23-1] motion to extend time to respond to the plaintiffs' complaint reset answer due for 4/16/97 for Plantronics, Inc., for Bar None, Ltd. ( signed by Judge Edward B. Davis on 4/7/97) CCAP (Former Deputy Clerk) (Entered: 04/10/1997) 04/16/1997 27 SECOND MOTION by Bar None, Ltd., Plantronics, Inc. to extend time to respond to the Plaintiffs First Request for Production (Former Deputy Clerk) (Entered: 04/17/1997) 04/17/1997 28 MOTION by Bar None, Ltd., Plantronics, Inc. to extend time to respond to the complaint (Former Deputy Clerk) (Entered: 04/18/1997) 04/22/1997 29 ORDER granting [27-1] motion to extend time to 5/5/97 within which to respond to the Plaintiffs First Request for Production ( signed by Judge Robert L. Dube on 4/22/97) CCAP (Former Deputy Clerk) (Entered: 04/24/1997) https://ecf.flsd.uscourts.gov/cgi-bin/DIctRpt.pl?918999314447514-L_1_0-1 7/15/2015 EFTA01092806 CM/ECF - Live Database - flsd Page 5 of 6 04/22/1997 Motion(s) no longer referred: [27-1] motion to extend time to respond to the Plaintiffs First Request for Production (Former Deputy Clerk) (Entered: 04/24/1997) 04/22/1997 30 ORDER granting [28-1] motion to extend time to respond to the complaint reset answer due for 5/5/97 for Plantronics, Inc., for Bar None, Ltd. ( signed by Judge Edward B. Davis on 4/22/97) CCAP (Former Deputy Clerk) (Entered: 04/24/1997) 05/06/1997 31 FIFTH MOTION by Bar None, Ltd., Plantronics, Inc. to extend time to respond to Plantiffs' complaint (Former Deputy Clerk) (Entered: 05/07/1997) 05/06/1997 32 THIRD MOTION by Bar None, Ltd., Plantronics, Inc. to extend time to respond to Plaintiffs Request for Production (Former Deputy Clerk) (Entered: 05/07/1997) 05/08/1997 31 ORDER granting [32-1] motion to extend time to 5/20/97 to respond to Plaintiffs Request for Production ( signed by Judge Edward B. Davis on 5/8/97) CCAP (Former Deputy Clerk) (Entered: 05/12/1997) 05/08/1997 34 ORDER granting [31-1] motion to extend time to respond to Plantiffs' complaint reset answer due for 5/20/97 for Plantronics, Inc., for Bar None, Ltd. ( signed by Judge Edward B. Davis on 5/8/97) CCAP (Former Deputy Clerk) (Entered: 05/12/1997) 05/15/1997 35 STIPULATION of settlement by Florida Paraplegic, Disabled Americans, Bar None, Ltd., Plantronics, Inc., Michael Kadosh (Former Deputy Clerk) (Entered: 05/16/1997) 05/16/1997 31 ORDER granting [35-1] settlement with prejudice. The Cross-claims are dismissed with prejudice. The parties are ordered to abide by the terms of the Stipulation of Settlement. The Court retains juridiction of the cause for the purposes of enforcing the Stipulation. (signed by Judge Edward B. Davis on 5/16/97) CCAP (Former Deputy Clerk) (Entered: 05/20/1997) 05/16/1997 Case closed (Former Deputy Clerk) (Entered: 05/20/1997) 05/16/1997 CASE AND MOTIONS NO LONGER REFERRED TO Magistrate [32-1] motion to extend time to respond to Plaintiffs Request for Production, [31-1] motion to extend time to respond to Plantiffs' complaint, [28-1] motion to extend time to respond to the complaint, [27-1] motion to extend time to respond to the Plaintiffs First Request for Production, [24-1] motion to extend time to respond to the plaintiffs first request for production, [23-1] motion to extend time to respond to the plaintiffs' complaint, [21-1] motion to extend time to respond to the complaint, [19-1] motion to extend time to respond to complaint, [1 I-1] motion to dismiss complaint for failure to join a necessary party under Rule 19, [8-1] motion for entry upon land for inspection and other purposes, [4-1] motion to extend time to respond to complaint (Former Deputy Clerk) (Entered: 05/20/1997) PACER Service Center II https://ecf.flsd.uscourts.gov/egi-bin/DktRpt.p12918999314447514-L_1_0-1 7/15/2015 EFTA01092807 CM/ECF - Live Database - flsd Page 6 of 6 i Transaction Receipt i 07/15/2015 11:10:55 PACER ag1022:2782624:0 [Client Code: Login: Search I :96-cv-02245- Description: Docket Report Criteria: EBD Billable Pages: I4 Cost: (0.40 https://ecf.t1sd.uscourts.gov/cgi-bin/DktRpt.pl?918999314447514-L_1_0-1 7/15/2015 EFTA01092808 Case 1:96-cv-02245-EBD Document 12 Entered on FLSD Docket 02/05/1997 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 96-2245-CIV-DAVIS (Magistrate Judge Dube') THE FLORIDA PARAPLEGIC ASSOCIATION, INC., a Florida not-for-profit corporation; and, THE ASSOCIATION JAN 2 7 ISS7 FOR DISABLED AMERICANS, INC., a C•RiClit 11/041,1 Florida not-for-profit corporation, ti ItIl• .01 44: p. D. OS IN. • PMAINI Plaintiffs, vs. MICHAEL KADOSH, Individually; and, BAR NONE, LTD., Limited Partnership which operates a public accommodation; and, PLANTRONICS, INC., as General Partner of BAR NONE. LTD., Defendants. AMENDED COMPLAINT COME NOW the Plaintiffs, THE FLORIDA PARAPLEGIC ASSOCIATION, INC. and THE ASSOCIATION FOR DISABLED AMERICANS, INC., by and through their undersigned counsel, and sue the Defendants, MICHAEL KADOSH, BAR NONE, LTD. and PLANTRONICS, INC., and would show: 1. This is an action for injunctive relief, a declaration of rights, attorneys' fees and costs, and is brought against the Defendant, MICHAEL KADOSH, who owns a building, and BAR NONE, LTD., which operates a nightclub in said building, who are not in compliance with the Americans With Disabilities Act. EFTA01092809 Case 1:96-cv-02245-EBD Document 12 Entered on FLSD Docket 02/05/1997 Page 2 of 6 CASE NO. 96-2245-CIV-DAVIS PARTIES 2. Plaintiff, THE FLORIDA PARAPLEGIC ASSOCIATION, INC., is a Florida not- for-profit corporation, which, among other things, is engaged in finding and correcting violations of the Americans With Disabilities Act. 3. Plaintiff, THE ASSOCIATION FOR DISABLED AMERICANS, INC., a Florida not-for-profit corporation, which, among other things, is engaged in the search for violations of the Americans With Disabilities Act, educational efforts to correct such violations and, when necessary, litigation to require persons and entities in violation of such Act to comply with it. JURISDICTION 4. Jurisdiction is invoked based upon the Americans With Disabilities Act, Title III, found at 42 U.S.C. § 12182 et leg. This Court has jurisdiction under 42 U.S.C. § 12188 and 12189, as well as 28 U.S.C. § 1331 and 1345. 5. Venue is proper in the Southern District of Florida pursuant to 28 U.S.C. § 1391 as the claims described herein arise in and the Defendants are located in this district. 6. Defendant, MICHAEL KADOSH, owns a building located at 411 Washington Avenue in Miami Beach which houses a nightclub called "Bar None". 7. Defendant, BAR NONE, LTD., is a limited partnership which operates the facility located at 411 Washington Avenue in Miami Beach which is operated as a nightclub called "Bar 2 EFTA01092810 Case 1:96-cv-02245-EBD Document 12 Entered on FLSD Docket 02/05/1997 Page 3 of 6 CASE NO. 96-2245-CIV-DAVIS None". Defendant, PLANTRONICS, INC., is a general partner of BAR NONE, LTD. and, therefore, is liable for the wrongful conduct described herein. 8. As such, - Bar None", is a public accommodation within the meaning of the Americans With Disabilities Act and, accordingly, is subject to that law and the regulations incorporating and interpreting it. 9. Defendants' facility is not in compliance with the access requirements of the Americans With Disabilities Act and, in particular, the following barriers to full enjoyment by disabled persons, removal of which is readily achievable, are in existence: a. There is insufficient or no parking for disabled persons available; b. There are steps and no ramp or alternate accessible route at the main entrance; c. Once inside, there are steps both up and down within the interior and no ramp making the interior accessible to persons with disabilities; d. The doorways inside have excessive door resistance and lack the appropriate hardware required by the ADA; e. There are alarms with no strobe lights for hearing impaired persons; f. Some doors are less than the required 32 inches and many of the thresholds have greater than a half inch height difference as required by the ADA; 3 EFTA01092811 Case 1:96-cv-02245-EBD Document 12 Entered on FLSD Docket 02/05/1997 Page 4 of 6 CASE NO. 96-2245-CIV-DAVIS g. Appropriate signage is missing for permanent rooms and spaces; h. Wheelchair seating is not distributed throughout nor at appropriate heights and clearance; i. There are stairs between the central public areas inaccessible to persons with mobility impairments and the stairs do not have continuous rails on both sides; j. Restrooms lack signage, proper door with hardware, and have excessive resistance; and there are steps leading to the restroom stall inaccessible to persons with mobility impairments. Once inside, the stall has no raised toilets or grab bars, and the lavatories lack clearance below; k. Drinking fountains are inaccessible and the controls are not on the front edges; I. Telephones are only located in the ladies restroom and are missing volume controls; and m. Other violations of the ADA to be identified at the time that full inspection is made. 10. The Plaintiffs have, through their agent, on several occasions informed the Defendants' agents and or leasee of their failure to be in compliance with the law, but their response has been to ignore all contacts. 4 EFTA01092812 Case 1:96-cv-02245-EBD Document 12 Entered on FLSD Docket 02/05/1997 Page 5 of 6 CASE NO. 96-2245-C1V-DAVIS 11. "rhe barriers described above deny persons with disabilities equal access to a public accommodation in violation of 42 U.S.C. § 12188(a). WHEREFORE, Plaintiffs demand that the Court do the following: A. Accept jurisdiction of this case and declare that Defendants' facility is not in compliance with the Americans Disabilities Act, Title III; and B. Enter an injunction requiring Defendants to comply with all requirements of the Americans With Disabilities Act, Title III; and C. Enter a judgment against Defendants for the costs suffered by Plaintiffs in bringing this action, as well as attorneys' fees as permitted by law; and D. Retain jurisdiction of this case until Defendants have fully complied with the Orders of this Court. Respectfully submitted, PHILLIPS, EISINGER & KOSS, P.A. Attorneys for Plaintiffs 4000 Hollywood Boulevard, Suite 265-S Holly 3021 Tele: Fax: By: S TA. OSENFELDT FBN: 316113 5 EFTA01092813 Case 1:96-cv-02245-EBD Document 12 Entered on FLSD Docket 02/05/1997 Page 6 of 6 CASE NO. 96-2245-CI V-DAVIS CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished, 4Z- bierlqi• by mail, this 24th day of , toi Mark C. Rutecki, Esquire, Counsel for Defendant, Rutecki & Rutecki, P.A., 100 S.E. 2"" Street, #3350, Miami, Florida 33131; and, John It Allison, III, Esquire, Counsel for Defendant, 100 S.E. 2" Street, #3350, Miami, Florida 33131. PHILLIPS, EISINGER & KOSS, P.A. By: STU T OENFELDT 6 EFTA01092814