Colak v. Happy Zoe Vegan Bakery, Inc.
| Ali Colak |
| Happy Zoe Vegan Bakery, Inc. |
| 2:2024cv00601 |
| January 26, 2024 |
| US District Court for the Eastern District of New York |
| James M Wicks |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 1201 Civil Rights (Disability) |
| Plaintiff |
Docket Report
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| Filing 9 NOTICE of Appearance by Kenneth Willard on behalf of Ali Colak (aty to be noticed) (Willard, Kenneth) |
| Filing 8 AMENDED COMPLAINT against Happy Zoe Vegan Bakery, Inc., filed by Ali Colak. (Shaker, PeterPaul) |
ORDER TO SHOW CAUSE. The Court has reviewed the Complaint (ECF No. #1 ) and finds questions persist as to whether plaintiff has Article III standing. Plaintiff, a visually-impaired and blind individual, alleges that he was injured when he was unable to complete his purchase on Defendant's website because of its inaccessibility. The Second Circuit stated in Calcano v. Swarovski North America Ltd., 36 F.4th 68, 71-72 (2d Cir. 2022), that an injury in fact for purposes of standing is established where "it [i]s reasonable to infer, based on the past frequency of plaintiffs visits and the proximity of defendants' businesses to plaintiff's home, that plaintiff intended to return to the subject location." Conclusory allegations are not enough. Id. at 72. Here, Plaintiff has merely stated his intent to return to Defendant's website but has not explained why. (ECF No. #1 ); see Feliz v. IHealth Labs, No. 23-cv-00354 (JLR), 2024 U.S. Dist. LEXIS 16296 (S.D.N.Y. Jan. 30, 2024) (finding a lack of standing where plaintiff only stated a conclusory intent to return without explaining why). Accordingly, on or before March 22, 2024, Plaintiff is directed to show cause as to why dismissal for lack of standing should not be recommended in light of the absence of any allegations, other than conclusory ones, as to why Plaintiff intends to return to Defendant's website. So Ordered by Magistrate Judge James M. Wicks on 3/13/2024. (DN)
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ORDER. In light of the undersigned's March 13, 2024 ORDER TO SHOW CAUSE, the Initial Conference scheduled for March 26, 2024 at 10:30 AM has been CONVERTED to a Status Conference to address standing. The parties' obligation to file a Proposed 26(f) Scheduling Order is adjourned sine die. So Ordered by Magistrate Judge James M. Wicks on 3/13/2024. (DN)
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ORDER granting #6 Motion for Extension of Time to File response to complaint. The time within which Defendant shall respond to the complaint is extended to and including April 19, 2024. The Initial Conference remains as scheduled, at which the parties should be prepared to discuss whether scheduling a settlement conference would be productive. So Ordered by Magistrate Judge James M. Wicks on 2/24/2024. (Wicks, James)
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Filing 7
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Rule 16 Scheduling Conference will be held on March 26, 2024 at 10:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than March 19, 2024. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. Counsel for all parties are directed to review Docket Entry No. #2 , concerning the assignment of a Magistrate Judge to oversee this case. If by April 26, 2024 all parties have not signed and filed the consent form consenting to the jurisdiction of the assigned Magistrate Judge, the Clerk of Court is directed to randomly assign a District Judge to the case. In that event, the assigned Magistrate Judge will remain on the case and preside over all non-dispositive pretrial matters unless the assigned District Judge orders otherwise. So Ordered by Magistrate Judge James M. Wicks on 2/23/2024. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Practice Rules) (DF)
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| Filing 6 First MOTION for Extension of Time to File a Response to Plaintiff's Complaint by Happy Zoe Vegan Bakery, Inc.. (Terefe, Mastewal Taddese) |
| Filing 5 NOTICE of Appearance by Mastewal Taddese Terefe on behalf of Happy Zoe Vegan Bakery, Inc. (aty to be noticed) (Terefe, Mastewal Taddese) |
| Filing 4 SUMMONS Returned Executed by Ali Colak. Happy Zoe Vegan Bakery, Inc. served on 2/13/2024, answer due 3/5/2024. (Shaker, PeterPaul) |
| Filing 3 Summons Issued as to Happy Zoe Vegan Bakery, Inc. (CL) |
| 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. (CL) |
| This attorney case opening filing has been checked for quality control. (CL) |
| Case Assigned to Magistrate Judge James M. Wicks. 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. (CL) |
| Filing 1 COMPLAINT Ali Colak against Happy Zoe Vegan Bakery, Inc. filing fee $ 405, receipt number ANYEDC-17506055 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Ali Colak. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Shaker, PeterPaul) |
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| Plaintiff: Ali Colak | |
| Represented By: | PeterPaul Elhamy Shaker |
| Represented By: | Kenneth Willard |
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| Defendant: Happy Zoe Vegan Bakery, Inc. | |
| Represented By: | Mastewal Taddese Terefe |
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