Laufer v. VRINDAVAN CORPORATION
| Ms Deborah Laufer |
| VRINDAVAN CORPORATION |
| 1:2021cv00313 |
| January 19, 2021 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 |
| None |
Docket Report
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This docket was last retrieved on March 16, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 MINUTE entry before the Honorable Steven C. Seeger: On February 3, 2021, this Court issued an order addressing whether Plaintiff had suffered an injury in fact and thus has standing to sue. (Dckt. No. #6 ) The Court directed Plaintiff to file a copy of the "list of all hotels she has sued," as alleged in the complaint. In response, Plaintiff filed a 16-page spreadsheet. The spreadsheet is a long list of hotels around the country, with columns including "1st Visit PC," "2nd Visit PC," and so on. The spreadsheet seems to provide information about visits to various websites. But the spreadsheet does not include any information about the cases themselves, meaning the lawsuits. By March 25, 2021, Plaintiff shall file a spreadsheet identifying all lawsuits that she has filed as an ADA tester in the past two years. For each case, the spreadsheet must include the name of the case, the case number, the date of filing, the jurisdiction (including whether it was filed in federal or state court, and the judicial district if filed in federal court), and whether the case is still pending. The spreadsheet must put the cases in chronological order (that is, first-filed cases go first). Separately, by March 25, 2021, Plaintiff must file a statement and address whether any court in any of those cases addressed whether Plaintiff had standing to sue. If so, Plaintiff must identify them with particularity and disclose any ruling by the court. Mailed notice. (jjr, ) |
| Filing 17 MOTION by Plaintiff Deborah Laufer for default judgment as to (Knox, Amale) |
| Filing 16 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for default (Dckt. No. #15 ) is hereby granted. Defendant has not responded to the complaint in a timely manner. The Court enters default under Rule 55(a) against Defendant Vrindavan Corp. Plaintiff shall serve a copy of this minute order on Defendant by Federal Express, UPS, or certified mail, and shall file a certificate of service with proof of delivery on the Court's docket. Defendant shall file a motion if it seeks a hearing on any forthcoming motion for default judgment. The Court reserves judgment on whether Plaintiff suffered an injury in fact and thus has standing to sue. Mailed notice. (jjr, ) |
| Filing 15 MOTION by Plaintiff Deborah Laufer for entry of default (Knox, Amale) |
| Filing 14 Plaintiff's Notice of Pendency of Other Actions by Deborah Laufer (Knox, Amale) |
| Filing 13 Plantiff's Certificate of Interested Persons and Corporate Disclosure Statement by Deborah Laufer (Knox, Amale) |
| Filing 12 SUMMONS Returned Executed by Deborah Laufer as to VRINDAVAN CORPORATION on 2/8/2021, answer due 3/1/2021. (Knox, Amale) |
| Filing 11 Brief on Standing by Deborah Laufer (Attachments: #1 Exhibit Exhibit A)(Knox, Amale) |
| Filing 10 AMENDED complaint by Deborah Laufer against VRINDAVAN CORPORATION (Knox, Amale) |
| Filing 9 ATTORNEY Appearance for Plaintiff Deborah Laufer by Thomas B Bacon, Esq (Bacon, Thomas) |
| Filing 8 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's Motion for Leave to File Excess Pages (Dckt. No. #7 ) is hereby granted. Mailed notice. (jjr, ) |
| Filing 7 MOTION by Plaintiff Deborah Laufer for leave to file excess pages (Knox, Amale) |
| Filing 6 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the complaint, which brings a claim under the Americans with Disabilities Act against the operator of a local hotel. Plaintiff lives in Florida, and she is bound to a wheelchair and can only walk a few steps. The complaint alleges that she is a self-proclaimed "tester" of ADA compliance. The complaint alleges that she visited the website for a hotel run by Defendant Vrindavian Corp. in the Chicagoland suburbs. And that website, according to Plaintiff, did not comply with applicable ADA regulations. The visit to the website was not, it appears, part of some hope of visiting West Chicago in the wintertime. Instead, Plaintiff alleges that she tests lots of websites for lots of businesses, and looks for non-compliance with the ADA. And she "maintains a system" for keeping track of "every hotel she sues." Id. at para. 11. She alleges that Defendant's non-complaint website makes her feel "frustration and humiliation" and limits her "right to travel." The Court has significant questions about whether Plaintiff has suffered an injury in fact and thus has standing to sue. In particular, it is not clear why Plaintiff suffered an actual or imminent injury. Plaintiff may view herself as an "ADA tester," but the requirements of Article III apply to all plaintiffs, even plaintiffs motivated by a desire to enforce the law. "[W]hile tester status does not defeat standing, it does not automatically confer it either. A tester must still satisfy the elements of standing, including the injury-in-fact requirement." See Carello v. Aurora Policemen Credit Union, 930 F.3d 830, 833 (7th Cir. 2019) (Barrett, J.). Plaintiff does not allege that she had any real-world plans to book a hotel room, but was inhibited from doing so. And she does not allege that she suffered a concrete injury in any other personal way. The Seventh Circuit offered important guidance about alleged dignity harms in Carello. By February 19, 2021, Plaintiff shall file a statement and show cause why the case should not be dismissed for lack of standing. Among other things, Plaintiff must attach to the filing a copy of the "list of all hotels she has sued," as alleged in the complaint. Mailed notice. (jjr, ) (Docket Text Modified on 2/4/2021) (jjr, ). |
| SUMMONS Issued as to Defendant VRINDAVAN CORPORATION (jmk, ) |
| Filing 5 MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by April 19, 2021. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, ) |
| Filing 4 COMPLAINT filed by Deborah Laufer; (Knox, Amale) |
| CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (sxh, ) |
| Filing 3 CIVIL Cover Sheet (Knox, Amale) |
| Filing 2 ATTORNEY Appearance for Plaintiff Deborah Laufer by Amale Knox (Knox, Amale) |
| Filing 1 PAYMENT of Filing fee $ 402, receipt number 0752-17849592. (Knox, Amale) |
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| Plaintiff: Ms Deborah Laufer | |
| Represented By: | Thomas B Bacon, Esq |
| Represented By: | Amale Knox |
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| Defendant: VRINDAVAN CORPORATION | |
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