Sanchez v. Daily Nutritionals, Inc.
| Randy Sanchez |
| Daily Nutritionals, Inc. |
| 1:2023cv04835 |
| June 28, 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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This docket was last retrieved on August 25, 2023. A more recent docket listing may be available from PACER.
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ORDER granting in part and denying in part #9 Motion for Pre-Motion Conference. The Court sets a briefing schedule on Defendant's motion to dismiss in lieu of a pre-motion conference. See ECF No. #9 . Defendant's motion to dismiss is due by September 25, 2023, Plaintiff's opposition is due by October 23, 2023, and Defendant's reply, if any, is due by November 6, 2023. The parties are directed to review Section IV.B of the Court's Individual Practices Ordered by Judge Hector Gonzalez on 8/25/2023. (ICP)
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| Filing 10 RESPONSE to Motion re #9 MOTION to Dismiss for Lack of Standing filed by Randy Sanchez. (Abou-Saab, Noor) |
| Filing 9 MOTION to Dismiss for Lack of Standing by Daily Nutritionals, Inc.. (Messina, Matthew) |
| Filing 8 NOTICE of Appearance by Matthew F. Messina on behalf of Daily Nutritionals, Inc. (aty to be noticed) (Messina, Matthew) |
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ORDER: Defendant Daily Nutritionals, Inc. has filed a letter requesting a pre-motion conference to discuss a proposed motion to dismiss Plaintiff's complaint for lack of subject matter jurisdiction based on Plaintiff's purported lack of Article III standing. See ECF No. #9 . Per Section IV.A.5 of the Court's Individual Practices, Plaintiff shall file a responsive letter on or before August 18, 2023. Plaintiff shall address in that letter whether Plaintiff believes he can amend his complaint to address any of the deficiencies asserted in Defendant's letter. Ordered by Judge Hector Gonzalez on 8/11/2023. (ICP)
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| Filing 7 Letter of Explanation by Randy Sanchez (Abou-Saab, Noor) |
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ORDER: Based on the representations in the letter by Plaintiff's counsel, see ECF No. #7 , the Court declines to impose any sanctions on Plaintiff's counsel. The Court warns that future failures to comply with Court orders will likely result in sanctions. Ordered by Judge Hector Gonzalez on 7/28/2023. (BH)
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Filing 6
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 August 30, 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 7/27/2023. (BH)
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| Filing 5 SUMMONS Returned Executed by Randy Sanchez. Daily Nutritionals, Inc. served on 7/26/2023, answer due 8/16/2023. (Abou-Saab, Noor) |
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ORDER: The Court has twice ordered Plaintiff to file a letter no longer than three pages describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on Defendant, and Plaintiff has not responded to either of those orders. In its most recent order, "[t]he Court warn[ed] Plaintiff that future failures timely to comply with the Court's orders may result in sanctions." Plaintiff shall file the letter required by the Court's orders no later than July 28, 2023, and shall also explain in that letter why Plaintiff's counsel should not be sanctioned for ignoring multiple unambiguous court orders. Ordered by Judge Hector Gonzalez on 7/25/2023. (BH)
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ORDER: The Court previously ordered Plaintiff to file a letter on or before July 19, 2023, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on Defendant. Plaintiff has failed to file the letter or to request an extension of Plaintiff's deadline to do so. Plaintiff shall file the letter required by the Court's prior order on or before July 24, 2023. The Court warns Plaintiff that future failures timely to comply with the Court's orders may result in sanctions. Ordered by Judge Hector Gonzalez on 7/20/2023. (BH)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 3 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. (SR) |
| Filing 2 Summons Issued as to All Defendants. (SR) |
| Case Assigned to Judge Hector Gonzalez. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SR) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before July 19, 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 6/29/2023. (BH)
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| Filing 1 COMPLAINT Randy Sanchez against Daily Nutritionals, Inc. filing fee $ 402, receipt number ANYEDC-16841686 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Randy Sanchez. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Abou-Saab, Noor) |
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| Plaintiff: Randy Sanchez | |
| Represented By: | Noor H. Abou-Saab, I |
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| Defendant: Daily Nutritionals, Inc. | |
| Represented By: | Matthew F. Messina |
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