Quezada v. U.S. Wings, Inc.
| Jose Quezada |
| U.S. Wings, Inc. |
| 1:2020cv10707 |
| December 18, 2020 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Fed. Question |
| Both |
Docket Report
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This docket was last retrieved on March 4, 2022. A more recent docket listing may be available from PACER.
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Filing 44
STIPULATION OF DISMISSAL AND ORDER: IT IS HEREBY STIPULATED AND AGREED that the action shall be, and is hereby, dismissed with prejudice and without costs, or disbursements, or attorneys' fees to any party, pursuant to Rule 41(a)(l (A)(ii) of the Federal Rules of Civil Procedure. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/4/2022) (kv)
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Filing 43
PROPOSED STIPULATION AND ORDER. Document filed by Jose Quezada..(Kroub, Edward)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Kroub, Edward. RE-FILE Document No. #42 Notice of Voluntary Dismissal,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the voluntary dismissal is not correct; the wrong event type was used to file the voluntary dismissal. Re-file the document using the event type stipulation of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (ink signatures) PDF. (nd)
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Filing 42
FILING ERROR - RESPONSIVE PLEADING FILED - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) U.S. Wings, Inc.. Document filed by Jose Quezada. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Kroub, Edward) Modified on 3/4/2022 (nd).
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Filing 41
ORDER: The Court having been advised that all claims asserted herein have been settled, it is ORDERED, that the above-entitled action be and hereby is discontinued, without costs to either party, subject to reopening should the settlement not be consummated within thirty (30) days of the date hereof. Any application to reopen must be led within thirty (30) days of this Order; any application to reopen led thereafter may be denied solely on that basis. Further, the parties are advised that if they wish the Court to retain jurisdiction in this matter for purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the next thirty (30) days with a request that the agreement be "so ordered" by the Court. SO ORDERED. (Signed by Judge Edgardo Ramos on 2/18/2022) (ama)
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Filing 40
NOTICE of Settlement . Document filed by Jose Quezada..(Kroub, Edward)
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Filing 39
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: This Civil Case Discovery Plan and Scheduling Order is adopted, after consultation with counsel, pursuant to Fed. R. Civ. P. 16 and 26(f): All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Amended Pleadings due by 3/1/2022. Joinder of Parties due by 3/1/2022. Non- Expert shall be completed by 4/28/2022. Expert Depositions due by 7/25/2022. All Discovery due by 7/28/2022. The Magistrate Judge assigned to this case is the Hon. Gabriel W. Gorenstein. The next Case Management Conference set for 7/28/2022 at 09:30 AM before Judge Edgardo Ramos. SO ORDERED. (Signed by Judge Edgardo Ramos on 2/04/2022) (ama)
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Filing 38
PROPOSED CASE MANAGEMENT PLAN. Document filed by Jose Quezada..(Kroub, Edward)
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Filing 37
NOTICE OF APPEARANCE by Nicole Benjamin on behalf of U.S. Wings, Inc...(Benjamin, Nicole)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #35 MOTION for Nicole J. Benjamin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Set/Reset Hearings: Case Management Conference set for 7/28/2022 at 09:30 AM before Judge Edgardo Ramos. (jar)
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Minute Entry for proceedings held before Judge Edgardo Ramos: Initial Pretrial Conference held on 1/28/2022 by telephone. The parties are directed to submit on consent a proposed case management plan and scheduling order. A case management conference is scheduled for July 28, 2022 at 9:30 a.m. (jar)
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Filing 36
ORDER granting #35 Motion for Nicole J. Benjamin to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 35
MOTION for Nicole J. Benjamin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by U.S. Wings, Inc.. (Attachments: #1 Affidavit Notarized Affidavit of Nicole J. Benjamin, #2 Exhibit Certificate of Good Standing - Rhode Island, #3 Exhibit Certificate of Good Standing - Massachusetts, #4 Exhibit Cetificate of Good Standing - Connecticut, #5 Exhibit Certificate of Good Standing - New Hampshire, #6 Text of Proposed Order Proposed Order Granting Admission Pro Hac Vice).(Benjamin, Nicole)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #34 MOTION for Nicole J. Benjamin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25638025. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Affidavit is not notarized.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
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Filing 34
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Nicole J. Benjamin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25638025. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by U.S. Wings, Inc.. (Attachments: #1 Affidavit of Nicole J. Benjamin in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing - Rhode Island, #3 Exhibit Certificate of Good Standing - Massachusetts, #4 Exhibit Certificate of Good Standing - Connecticut, #5 Exhibit Cetificate of Good Standing - New Hampshire, #6 Text of Proposed Order Proposed Order Granting Admission Pro Hac Vice).(Benjamin, Nicole) Modified on 1/27/2022 (wb).
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Filing 33
ORDER granting #32 Letter Motion to Adjourn Conference. The telephonic initial conference is adjourned to January 28, 2022 at 10:30 AM. The parties are reminded to call (877) 411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 32
FIRST LETTER MOTION to Adjourn Conference addressed to Judge Edgardo Ramos from Michael A. Bono dated January 11, 2022. Document filed by U.S. Wings, Inc.. Return Date set for 1/13/2022 at 09:30 AM..(Bono, Michael)
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Filing 31
INTERNET CITATION NOTE: Material from decision with Internet citation re: #25 Memorandum & Opinion, Set Deadlines/Hearings. (sjo)
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Filing 30
NOTICE OF APPEARANCE by William Downes on behalf of Jose Quezada..(Downes, William)
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Filing 29
NOTICE OF APPEARANCE by Jarrett Scott Charo on behalf of Jose Quezada..(Charo, Jarrett)
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Filing 28
ANSWER to #13 Amended Complaint with JURY DEMAND. Document filed by U.S. Wings, Inc...(Bono, Michael)
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Filing 27
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY, Attorney Edward Y. Kroub for Jose Quezada added. Attorney Mars Khaimov terminated. The substitution of attorney is hereby approved and SO ORDERED. (Signed by Judge Edgardo Ramos on 12/9/2021) (kv)
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Filing 26
PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Jose Quezada..(Kroub, Edward)
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Filing 25
OPINION AND ORDER: re: #14 FIRST MOTION to Dismiss filed by U.S. Wings, Inc. For the foregoing reasons, U.S. Wings' motion to dismiss is DENIED. The parties are directed to attend a telephonic initial pretrial conference on January 13, 2022, at 9:30 AM. The parties are to dial (877) 411-9748 and enter access code 3029857# when prompted. The Clerk of Court is respectfully directed to terminate the motion, Doc. 14. IT IS SO ORDERED., ( Telephonic Initial Conference set for 1/13/2022 at 09:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 12/07/2021) (ama)
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Filing 24
NOTICE OF APPEARANCE by Edward Y. Kroub on behalf of Jose Quezada..(Kroub, Edward)
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Filing 23
LETTER addressed to Judge Edgardo Ramos from Mars Khaimov dated 11/3/2021 re: Supplemental Authority Regarding Defendant's Motion to Dismiss. Document filed by Jose Quezada. (Attachments: #1 Exhibit A).(Khaimov, Mars)
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Filing 22
LETTER addressed to Judge Edgardo Ramos from Michael A. Bono dated June 15, 2021 re: Responding to Letter from Mars Khaimov dated 6/10/2021 re: Updated Authority Re Defendant's Motion to Dismiss. Document filed by U.S. Wings, Inc...(Bono, Michael)
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Filing 21
LETTER addressed to Judge Edgardo Ramos from Mars Khaimov dated 6/10/2021 re: Updated Authority Re Defendant's Motion to Dismiss. Document filed by Jose Quezada. (Attachments: #1 Jaquez v. Dermpoint, Inc. Decision).(Khaimov, Mars)
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Filing 20
REPLY MEMORANDUM OF LAW in Support re: #14 FIRST MOTION to Dismiss . . Document filed by U.S. Wings, Inc.. (Attachments: #1 Affidavit Attorney Affirmation, #2 Exhibit Accessibility Statement).(Turetsky, Vivian)
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Filing 19
MEMORANDUM OF LAW in Opposition re: #14 FIRST MOTION to Dismiss . . Document filed by Jose Quezada. (Attachments: #1 Declaration of Robert D. Moody).(Khaimov, Mars)
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Filing 18
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by U.S. Wings, Inc...(Turetsky, Vivian)
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Filing 17
FIRST MEMORANDUM OF LAW in Support re: #14 FIRST MOTION to Dismiss . . Document filed by U.S. Wings, Inc...(Turetsky, Vivian)
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Filing 16
AFFIRMATION of Vivian S. Turetsky in Support re: #14 FIRST MOTION to Dismiss .. Document filed by U.S. Wings, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Turetsky, Vivian)
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Filing 15
DECLARATION of Robert Kruty in Support re: #14 FIRST MOTION to Dismiss .. Document filed by U.S. Wings, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Turetsky, Vivian)
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Filing 14
FIRST MOTION to Dismiss . Document filed by U.S. Wings, Inc.. Responses due by 5/6/2021.(Turetsky, Vivian)
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Filing 13
FIRST AMENDED COMPLAINT amending #1 Complaint against U.S. Wings, Inc. with JURY DEMAND.Document filed by Jose Quezada. Related document: #1 Complaint..(Khaimov, Mars)
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Minute Entry Pre-Motion Conference held on 3/18/2021 by telephone. Plaintiff's and Defendant's counsel present. Plaintiff is granted leave to file an amended complaint by March 25,2021. Defendant's answer or motion is due April 15, 2021. If defendant moves, Plaintiff's opposition is due May 6, 2021. Defendant's reply is due May 15, 2021. (jar)
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DOCKET ANNOTATION: Notice of Dial-in Information - The pre-motion conference previously scheduled for March 18, 2021 at 10:00 a.m. will occur remotely and by telephone. The parties are instructed to dial (877) 411-9748 and enter access code 3029857# when prompted. (jar)
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Filing 12
MEMO ENDORSEMENT on re: #10 Letter filed by U.S. Wings, Inc., ENDORSEMENT: A pre-motion conference will be held on March 18, 2021, at 10:00 a.m. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/3/2021) ( Pre-Motion Conference set for 3/18/2021 at 10:00 AM before Judge Edgardo Ramos.) (ks)
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Filing 11
LETTER addressed to Judge Edgardo Ramos from Mars Khaimov dated 3/2/2021 re: Defendant's Letter Requesting a Pre Motion Conference. Document filed by Jose Quezada..(Khaimov, Mars)
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Filing 10
FIRST LETTER addressed to Judge Edgardo Ramos from Vivian Turetsky dated 2/25/2021 re: request for pre motion conference. Document filed by U.S. Wings, Inc.. (Attachments: #1 Exhibit Guglielmo Decision and Order).(Turetsky, Vivian)
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Filing 9
NOTICE OF APPEARANCE by Michael A. Bono on behalf of U.S. Wings, Inc...(Bono, Michael)
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Filing 8
ORDER granting #7 FIRST LETTER MOTION for Extension of Time to respond to the complaint. Granted. Defendant's deadline to respond to the complaint is hereby extended to March 1, 2021. The Clerk of Court is respectfully directed to terminate the motion. Doc. 7. SO ORDERED. (Signed by Judge Edgardo Ramos on 1/25/2021) (jca)
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Filing 7
FIRST LETTER MOTION for Extension of Time to respond to the complaint addressed to Judge Edgardo Ramos from Vivian Turetsky dated 1/25/2021. Document filed by U.S. Wings, Inc...(Turetsky, Vivian)
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Filing 6
NOTICE OF APPEARANCE by Vivian S Turetsky on behalf of U.S. Wings, Inc...(Turetsky, Vivian)
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Set/Reset Deadlines: U.S. Wings, Inc. answer due 3/1/2021. (jca)
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Filing 5
SUMMONS RETURNED EXECUTED. U.S. Wings, Inc. served on 1/4/2021, answer due 1/25/2021. Service was accepted by David Hack, Person Authorized to Accept Service. Document filed by Jose Quezada..(Khaimov, Mars)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to U.S. Wings, Inc...(pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
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Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
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Case Designated ECF. (pc)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Wings, Inc., re: #1 Complaint. Document filed by Jose Quezada..(Khaimov, Mars)
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Filing 2
CIVIL COVER SHEET filed..(Khaimov, Mars)
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Filing 1
COMPLAINT against U.S. Wings, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-23102755)Document filed by Jose Quezada..(Khaimov, Mars)
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