Martinez v. L'Antica Pizzeria Da Michele NYC, LLC
| Silvia Martinez |
| L'Antica Pizzeria Da Michele NYC, LLC |
| 1:2024cv01541 |
| February 29, 2024 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| 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 April 22, 2024. A more recent docket listing may be available from PACER.
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ORDER: The motion to withdraw as attorney #12 is granted. Attorney PeterPaul Elhamy Shaker is removed from the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/22/2024. (AL)
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| Filing 12 MOTION to Withdraw as Attorney by Silvia Martinez. (Shaker, PeterPaul) |
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ORDER: The motion for leave to appear pro hac vice #10 by attorney Ryan T. Benson is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/17/2024. (AL)
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ORDER: The Motion for Extension of Time to File Answer #11 is denied without prejudice to renewal. Defendant L'Antica Pizzeria Da Michele NYC, LLC seeks to extend the time to answer, move, or otherwise respond to the Complaint. Defendant's answer was due on 3/28/2024. (Summons Returned Executed, Dkt. No. #5 ). Furthermore, default was entered in this case against Defendant on 4/12/2024. (Clerk's Entry of Default, Dkt. No. #8 ). Because it seeks to vacate the default, Defendant must file a motion by 5/8/2024 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why the default should be vacated. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020) ("If an answer is filed late, the court may treat the issue as one of default. See John v. Sotheby's, Inc., 141 F.R.D. 29, 35 (S.D.N.Y. 1992) ('The filing of a late answer is analogous to a motion to vacate a default.') (citing Meehan v. Snow, 652 F.2d 274, 276 (2d Cir. 1981)). The court may then consider whether, under the factors discussed in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), default should be vacated."). So Ordered by Magistrate Judge Sanket J. Bulsara on 4/17/2024. (AL)
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| Filing 11 MOTION for Extension of Time to File Answer re #1 Complaint, DEFENDANTS MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD by L'Antica Pizzeria Da Michele NYC, LLC. (Benson, Ryan) |
| Filing 10 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-17775861 by L'Antica Pizzeria Da Michele NYC, LLC. (Attachments: #1 Affidavit Declaration, #2 Proposed Order Proposed Order) (Benson, Ryan) |
| Filing 9 NOTICE of Appearance by Mark Rozenberg on behalf of Silvia Martinez (aty to be noticed) (Rozenberg, Mark) |
| Filing 8 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant L'Antica Pizzeria Da Michele NYC, LLC has failed to appear or otherwise defend this action, the default of defendant L'Antica Pizzeria Da Michele NYC, LLC is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JP) |
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ORDER: In light of the request for a certificate of default #7 , the initial conference scheduled for 5/16/2024 is hereby adjourned sine die. Plaintiff is directed to file a motion for default judgment by 60 days after the issuance of a certificate of default. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/5/2024. (AL)
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| Filing 7 Request for Certificate of Default by Silvia Martinez (Shaker, PeterPaul) |
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Filing 6
SCHEDULING ORDER: An in person initial conference will be held at 11:30 A.M. on 5/16/2024 in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara, at 225 Cadman Plaza East Brooklyn, New York. All parties must be present. Plaintiff is directed to notify defendant of this scheduling order at the time defendant make an appearance with in this matter. Counsel are also directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 5/13/2024. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/2/2024. (EM)
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| Filing 5 SUMMONS Returned Executed by Silvia Martinez. L'Antica Pizzeria Da Michele NYC, LLC served on 3/7/2024, answer due 3/28/2024. (Shaker, PeterPaul) |
| Filing 4 Summons Issued as to L'Antica Pizzeria Da Michele NYC, LLC. (KD) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 2 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (KD) |
| Filing 1 COMPLAINT Silvia Martinez against L'Antica Pizzeria Da Michele NYC, LLC filing fee $ 405, receipt number ANYEDC-17620807 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Silvia Martinez. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Shaker, PeterPaul) |
| Case Assigned to Magistrate Judge Sanket J. Bulsara. 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: Silvia Martinez | |
| Represented By: | PeterPaul Elhamy Shaker |
| Represented By: | Mark Rozenberg |
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| Defendant: L'Antica Pizzeria Da Michele NYC, LLC | |
| Represented By: | Ryan T. Benson |
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