Hanyzkiewicz v. Manolo Blahnik USA, LTD.
| Marta Hanyzkiewicz |
| Manolo Blahnik USA, LTD. |
| 1:2023cv03138 |
| April 26, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 1201 Civil Rights (Disability) |
| Plaintiff |
Docket Report
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| Filing 8 NOTICE by Marta Hanyzkiewicz proof mailing of Complaint and Summons (Rozenberg, Mark) |
Filing 7
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by July 5, 2023, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiff's counsel shall notify Defendant's counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendant's deadline to answer or otherwise respond to Plaintiff's complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendant's answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 5/30/2023. (BH)
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| Filing 6 SUMMONS Returned Executed by Marta Hanyzkiewicz. Manolo Blahnik USA, LTD. served on 5/19/2023, answer due 6/9/2023. (Rozenberg, Mark) |
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ORDER: The Court has received the affidavit of service filed by Plaintiff, see ECF No. #6 , which indicates that Plaintiff served Defendant by delivering Plaintiff's complaint and a summons to the New York Secretary of State. As a courtesy to Defendant, and to facilitate Defendant's prompt appearance, Plaintiff's counsel shall mail a copy of Plaintiff's complaint and a summons to the addresses for Defendant and at least one of Defendant's affiliates identified for service of process made available on the Secretary of State's website: https://apps.dos.ny.gov/publicInquiry/.Plaintiff's counsel shall file a declaration on or before June 6, 2023, confirming Plaintiff's compliance with this order or, alternatively, explaining why Plaintiff was unable to comply with this order.If Plaintiff fails to mail copies of Plaintiff's complaint and a summons as required by this order, and Defendant eventually enters an untimely appearance, the Court will likely vacate any entry of default or default judgment against Defendant unless the circumstances unambiguously demonstrate that Defendant actually received notice of Plaintiff's complaint. Additionally, the Court may decline to award Plaintiff a default judgment against Defendant unless Plaintiff can show that Defendant has received notice of Plaintiff's complaint and has willfully failed to appear. Ordered by Judge Hector Gonzalez on 5/30/2023. (BH)
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| Filing 5 STATUS REPORT regarding attempts to serve Defendant by Marta Hanyzkiewicz (Rozenberg, Mark) |
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ORDER: The Court has received Plaintiff's letter, see ECF No. #5 , describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on Defendant, which indicates that Defendant has not yet been served. Plaintiff shall file another letter no longer than three pages on or before June 16, 2023, describing Plaintiff's efforts to serve Defendant. Alternatively, if Plaintiff completes service on Defendant before that date, then Plaintiff shall promptly file proof of service.If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. Ordered by Judge Hector Gonzalez on 5/17/2023. (BH)
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| Filing 4 Summons Issued as to Manolo Blahnik USA, LTD.. (TPL) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (TPL) |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (TPL) |
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SCHEDULING ORDER: An Initial Conference is scheduled by telephone for July 28, 2023 at 11:00 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)Counsel are directed to the annexed Initial Conference Order for instructions. By July 21, 2023, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court.Plaintiff's counsel is directed to ensure that Defendant is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 4/27/2023. (NS)
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ORDER: Plaintiff shall file a letter no longer than three pages on or before May 17, 2023, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause.The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 4/27/2023. (BH)
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ORDER: The Scheduling Order entered by Judge Kuo was entered in error and is withdrawn. The initial conference scheduled for July 28, 2023 is cancelled and the parties are not required to submit a Proposed Discovery Plan to Judge Kuo. See Section I. A. 1. of Judge Gonzalez's Individual Practices ("In newly-filed civil actions, except pro se cases, all matters, including discovery matters, will be heard by Judge Gonzalez rather than a Magistrate Judge unless an Order of Referral or a Stipulation Consenting to Magistrate Judge Jurisdiction has been entered"). Ordered by Magistrate Judge Peggy Kuo on 4/27/2023. (NS)
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| Case Assigned to Judge Hector Gonzalez. Please download and review the Individual Practices of the assigned Judge, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (TPL) |
| Filing 1 COMPLAINT against Manolo Blahnik USA, LTD. filing fee $ 402, receipt number ANYEDC-16636477 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Marta Hanyzkiewicz. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Rozenberg, Mark) |
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| Plaintiff: Marta Hanyzkiewicz | |
| Represented By: | Mark Rozenberg |
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| Defendant: Manolo Blahnik USA, LTD. | |
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