Colak v. Baya Bar
| Ali Colak |
| Baya Bar |
| 2:2024cv01735 |
| March 8, 2024 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Arlene R Lindsay |
| 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 May 6, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE by Ali Colak (Rozenberg, Mark) |
ORDER granting #6 Motion for Extension of Time to Answer. The time for Baya Bar to answer, move against or otherwise respond to the Complaint is extended until May 28, 2024. Ordered by Magistrate Judge Arlene R. Lindsay on 4/29/2024. (BJ)
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| Filing 6 First MOTION for Extension of Time to File Answer by Baya Bar. (Del Valle, Richard) |
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ORDER granting #5 Motion to Withdraw as Attorney. Attorney PeterPaul Elhamy Shaker terminated. Ordered by Magistrate Judge Arlene R. Lindsay on 4/22/2024. c/ecf (RI)
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| Filing 5 MOTION to Withdraw as Attorney by Ali Colak. (Shaker, PeterPaul) |
| Filing 4 NOTICE of Appearance by Mark Rozenberg on behalf of Ali Colak (aty to be noticed) (Rozenberg, Mark) |
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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 May 6, 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 non-conclusory allegations as to why Plaintiff intends to return to Defendant's website. Ordered by Magistrate Judge Arlene R. Lindsay on 4/4/2024. c/ecf (RI)
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| Filing 3 SUMMONS Returned Executed by Ali Colak. Baya Bar served on 3/26/2024, answer due 4/16/2024. (Shaker, PeterPaul) |
| Filing 2 Summons Issued as to Baya Bar. (CL) |
| This attorney case opening filing has been checked for quality control. (CL) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge Arlene R. Lindsay. 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) |
| 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 (CL) |
| Filing 1 COMPLAINT Ali Colak against Baya Bar filing fee $ 405, receipt number ANYEDC-17648201 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: | Mark Rozenberg |
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| Defendant: Baya Bar | |
| Represented By: | Richard Hernandez Del Valle |
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