Martin v. Got Mojo RVC, LLC
| Damian Martin |
| Got Mojo RVC, LLC |
| 1:2024cv00691 |
| January 31, 2024 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| 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 March 21, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Civil Case Terminated as per plaintiff's Notice of Voluntary Dismissal. (PW) |
| Filing 7 NOTICE of Voluntary Dismissal by Damian Martin (Shaker, PeterPaul) |
| Filing 6 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Got Mojo RVC, LLC has failed to appear or otherwise defend this action, the default of defendant Got Mojo RVC, LLC is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
| Filing 5 Request for Certificate of Default by Damian Martin (Shaker, PeterPaul) |
| Filing 4 SUMMONS Returned Executed by Damian Martin. Got Mojo RVC, LLC served on 2/7/2024, answer due 2/28/2024. (Shaker, PeterPaul) |
ORDER TO SHOW CAUSE. Plaintiff is ordered to show cause, at an evidentiary hearing at which plaintiff must appear and testify, to be held by video on 3/22/2024 at 11:00 am, why this case should not be dismissed for lack of standing, as it does not appear that the complaint plausibly alleges that plaintiff has a genuine intent in patronizing defendant's website or restaurant, and thus may not have suffered any injury. See, e.g., Calcano v. Swarovski N. Am. Ltd., 36 F.4th 68, 76 (2d Cir. 2022) ("threadbare assertions are conclusory and do not raise a reasonable inference of injury"). The complaint merely alleges that plaintiff "desired to visit this restaurant" because it offers Latin American cuisine, is open late, and is a "lively spot for those looking to enjoy a night out." Plaintiff lives in Brooklyn, the restaurant is in Queens, and there are many restaurants in New York City matching this description. Moreover, plaintiff has brought website accessibility suits against dozens of other providers, using the same cookie-cutter template used by plaintiff's counsel in dozens if not hundreds of cases, including a flower shop, a jewelry store, a bookstore, and a podiatrist. Because the potential lack of standing goes to the Court's subject matter jurisdiction, the Court will receive evidence to determine the plausibility of plaintiff's claim that he intends to visit defendant's restaurant. Ordered by Judge Brian M. Cogan on 2/5/2024. (PW)
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| Filing 3 Summons Issued as to Got Mojo RVC, LLC. (KD) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 1 COMPLAINT Damian Martin against Got Mojo RVC, LLC filing fee $ 405, receipt number ANYEDC-17520067 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Damian Martin. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Shaker, PeterPaul) |
| Case Assigned to Judge Brian M. Cogan. 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. (KD) |
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| Plaintiff: Damian Martin | |
| Represented By: | PeterPaul Elhamy Shaker |
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| Defendant: Got Mojo RVC, LLC | |
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