Stroude v. Pacific Hoods, Inc.
| Colette Stroude |
| Pacific Hoods, Inc. |
| 1:2024cv01374 |
| February 23, 2024 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 1201 Civil Rights (Disability) |
| Plaintiff |
Docket Report
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| Filing 17 MOTION for Extension of Time to File Answer on behalf of Defendant by Colette Stroude. (Rozenberg, Mark) |
Filing 16
SCHEDULING ORDER/CIVIL CASE MANAGEMENT PLAN is hereby adopted. ( Ordered by Judge Brian M. Cogan on 4/19/2024 ) (RG)
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| Filing 15 MOTION to Withdraw as Attorney by Colette Stroude. (Shaker, PeterPaul) |
| Filing 14 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/29/2024, before Judge Brian M. Cogan. Court Reporter/Transcriber Michele D Lucchese, Telephone number 718-613-2272. Email address: MLuccheseEDNY@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/10/2024. Redacted Transcript Deadline set for 5/20/2024. Release of Transcript Restriction set for 7/18/2024. (Lucchese, Michele) |
| Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 4/19/2024. Counsel for both parties appeared via telephone. The Court will adopt the parties' discovery plan by separate order; fact discovery to end by 7/18/2024. (PW) |
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ORDER granting #15 Motion to Withdraw as Attorney. Attorney PeterPaul Elhamy Shaker terminated. Ordered by Judge Brian M. Cogan on 4/19/2024. (PW)
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ORDER denying #17 Motion for Extension of Time to Answer because this was filed in the wrong case. Ordered by Judge Brian M. Cogan on 4/19/2024. (PW)
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| Filing 13 Proposed Scheduling Order and joint preconference letter by Colette Stroude (Attachments: #1 Supplement Joint preconference letter) (Rozenberg, Mark) |
| Filing 12 NOTICE of Appearance by Mark Rozenberg on behalf of Colette Stroude (aty to be noticed) (Rozenberg, Mark) |
| Filing 11 NOTICE of Appearance by David Marc Nieporent on behalf of Pacific Hoods, Inc. (aty to be noticed) (Nieporent, David) |
| Minute Entry and Order for Hearing held before Judge Brian M. Cogan on 3/29/2024. Counsel for both parties appeared by video conference and questioned plaintiff regarding standing, followed by inquiry from the Court. After considering plaintiff's testimony, the Court concludes that plaintiff has demonstrated standing to proceed and therefore retracts its direction to plaintiff regarding filing prior agreements. The upcoming telephonic Initial Status Conference is reset to 4/19/2024 at 2:00 pm; the parties are directed to review the Court's mandatory requirements at #5 ahead of that conference. The parties are directed to call 571-353-2301 and enter Meeting ID 020454116#. See transcript for details. (Court Reporter Michele Lucchese) (PW) |
| Filing 10 NOTICE of Appearance by Kenneth Willard on behalf of Colette Stroude (aty to be noticed) (Willard, Kenneth) |
| NOTICE of Hearing: Evidentiary Hearing is reset to 3:00 pm on 3/29/2024. A video link will be emailed to counsel of record. (PW) |
| Filing 9 Corporate Disclosure Statement by Pacific Hoods, Inc. (Stein, David) |
| Filing 8 NOTICE of Appearance by David Stein on behalf of Pacific Hoods, Inc. (aty to be noticed) (Stein, David) |
| Filing 7 First MOTION to Adjourn Conference for Evidentiary Hearing for the Order to Show Cause by Colette Stroude. (Shaker, PeterPaul) |
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ORDER granting #7 . Evidentiary Hearing adjourned to 3/29/2024 at 2:30 PM. A zoom link will be emailed to counsel of record. Ordered by Judge Brian M. Cogan on 3/12/2024. (PW)
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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 3/14/2024 at 11:45 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, and thus may not have suffered any injury. See Calcano v. Swarovski N. Am. Ltd., 36 F.4th 68, 76-77 (2d Cir. 2022). The complaint merely alleges that plaintiff "desired to buy products from the website" and "wanted to purchase an under-cabinet range hood." A brief Google search reveals that there are dozens of websites on which someone can purchase an under-cabinet range hood. Plaintiff has not explained why she wants to purchase this particular hood from defendant. Moreover, the Court cannot ignore that plaintiff has brought dozens of other website accessibility suits in this District, using the same cookie-cutter template, against defendants such as a jewelry repairer, a tile store, a stationary company, and various restaurants, coffee shops, and medical providers. See Winegard v. Golftec Intellectual Prop. LLC, No. 23-cv-1244, 2023 WL 3672540, at *3 (E.D.N.Y. May 26, 2023) ("the range of [serial plaintiff's] interests would have to be unusually substantial" to sustain standing in each of them). Ordered by Judge Brian M. Cogan on 3/8/2024. (PW)
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| Filing 6 SUMMONS Returned Executed by Colette Stroude. Pacific Hoods, Inc. served on 3/5/2024, answer due 3/26/2024. (Shaker, PeterPaul) |
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Filing 5
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 4/5/2024 at 12:00 pm. The parties are directed to call 571-353-2301 and enter Meeting ID 020454116#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 2/23/2024. (PW)
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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. (SDM) |
| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (SDM) |
| Filing 2 Summons Issued as to Pacific Hoods, Inc.. (SDM) |
| Filing 1 COMPLAINT Colette Stroude against Pacific Hoods, Inc. filing fee $ 405, receipt number ANYEDC-17600656 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Colette Stroude. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Shaker, PeterPaul) |
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| Plaintiff: Colette Stroude | |
| Represented By: | PeterPaul Elhamy Shaker |
| Represented By: | Mark Rozenberg |
| Represented By: | Kenneth Willard |
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| Defendant: Pacific Hoods, Inc. | |
| Represented By: | David Stein |
| Represented By: | David Marc Nieporent |
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