HERRERA v. RETROFITNESS, LLC
| Carlos Herrera |
| RETROFITNESS, LLC |
| 2:2023cv14801 |
| September 3, 2023 |
| US District Court for the District of New Jersey |
| Andre M Espinosa |
| Julien Xavier Neals |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 Letter from Brent M. Davis, Esq. requested Pre Motion Conference for a Motion to Dismiss the Amended Complaint. (DAVIS, BRENT) |
| Filing 12 Application and Proposed Order for Clerk's Order to extend time to answer as to Defendant Retrofttness, LLC.. (DAVIS, BRENT) |
Filing 11
TEXT ORDER - The Amended Complaint filed by Plaintiff on October 30, 2023 (ECF No. #10 ), supersedes the prior Complaint (ECF No. #1 ) and renders the Motion to Dismiss filed on October 9, 2023 (ECF No. #8 ) moot. Accordingly, Defendants Motion to Dismiss at ECF No. #8 is hereby DISMISSED AS MOOT. Signed by Judge Julien Xavier Neals on 10/31/2023. (kd)
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| Filing 10 AMENDED COMPLAINT against RETROFITNESS, LLC, filed by CARLOS HERRERA.(ZEMEL, DANIEL) |
| Reset Deadlines as to #8 MOTION to Dismiss . Motion set for 11/20/2023 before Judge Julien Xavier Neals. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sm) |
| Filing 9 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion filed by CARLOS HERRERA re #8 MOTION to Dismiss (ZEMEL, DANIEL) |
| Set Deadlines as to #8 MOTION to Dismiss . Motion set for 11/6/2023 before Judge Julien Xavier Neals. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sm) |
| Filing 8 MOTION to Dismiss by RETROFITNESS, LLC. Responses due by 10/23/2023. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service)(DAVIS, BRENT) |
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Filing 7
TEXT ORDER - This matter comes before the Court upon the pre-motion letter filed by Defendant on September 19, 2023. (ECF No. #6 ) Plaintiff has not responded. Based on Defendants unopposed letter, the Court hereby waives the pre-motion conference. Defendant is instructed to file its partial motion to dismiss, limited to the bases articulated in its letter. So Ordered by Judge Julien Xavier Neals on 9/27/2023. (kd)
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| Filing 6 Letter from Brent M. Davis, Esq. requesting Pre Motion Conference for a Motion to Dismiss the Complaint. (DAVIS, BRENT) |
| Filing 5 Corporate Disclosure Statement by RETROFITNESS, LLC. (DAVIS, BRENT) |
| Clerk's Text Order - The document #4 Application for Clerk's Order to Ext Answer/Proposed Order submitted by RETROFITNESS, LLC has been DENIED. Pursuant to Local Civil Rule 6.1, each application for an extension shall be served prior to the expiration of the period sought to be extended. The Defendant's answer due date expired on 9/10/2023, seven (7) days after the filing of the Notice of Removal. Please resubmit the Request for Extension of Time as an Application or Motion to be considered by the Court. This submission will remain on the docket unless otherwise ordered by the court. (dam) |
| Clerk's Text Order - The document #4 Application for Clerk's Order to Ext Answer/Proposed Order submitted by RETROFITNESS, LLC has been GRANTED. The answer due date has been set for 9/25/2023. Please disregard the previous denial of this Application, as the Defendant's original answer due date fell on Monday, 9/11/2023 pursuant to Federal Rule of Civil Procedure 6(1)(C). (dam) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1, a disclosure statement is required to be filed by a nongovernmental corporate party or intervenor. Please refer to the Court's website at #www.njd.uscourts.gov for a form and filing instructions. (dam) |
| Filing 4 Application and Proposed Order for Clerk's Order to extend time to answer as to RETROFITNESS, LLC. (DAVIS, BRENT) Modified on 9/12/2023 (dam). |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (kd) |
| Case Assigned to Judge Julien Xavier Neals and Magistrate Judge Andre M. Espinosa. (ak, ) Modified on 9/5/2023 (ak). |
| Filing 3 CERTIFICATE OF SERVICE by RETROFITNESS, LLC re #2 Statement, #1 Notice of Removal (DAVIS, BRENT) |
| Filing 2 Exhibit Civil Cover Sheet re #1 Notice of Removal by RETROFITNESS, LLC. (DAVIS, BRENT) Modified on 9/12/2023 (dam). |
| Filing 1 NOTICE OF REMOVAL by RETROFITNESS, LLC from Superior Court of New Jersey, case number HUD-L-2663-23. ( Filing and Admin fee $ 402 receipt number ANJDC-14631255), filed by RETROFITNESS, LLC.(DAVIS, BRENT) |
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| Plaintiff: Carlos Herrera | |
| Represented By: | DANIEL ZEMEL |
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| Defendant: RETROFITNESS, LLC | |
| Represented By: | BRENT MERRILL DAVIS |
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