Harty v. Spring Valley Marketplace LLC et al
| Owen Harty |
| Spring Valley Marketplace LLC and Jol Owners LLC |
| 1:2015cv08190 |
| October 16, 2015 |
| US District Court for the Southern District of New York |
| White Plains Office |
| XX Out of State |
| Nelson Stephen Roman |
| Americans with Disabilities - Other |
| 42 U.S.C. ยง 12132 |
| None |
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Filing
57
OPINION & ORDER re: 39 MOTION to Dismiss filed by Jol Owners LLC, Spring Valley Marketplace LLC. Therefore, the Court finds that Plaintiff has standing to pursue this claim, at this stage in the litigation, because he has (1) esta blished (a) a sufficiently "particularized" injury and (b) an intent to return to the Marketplace; (2) sufficiently stated claims for relief under both the ADA and NYSHRL; and (3) not failed to join necessary parties. Accordingly, Defendant s' motion to dismiss is DENIED in its entirety. Defendants shall file an answer on or before February 9, 2017. Parties are further directed to appear for an initial case management and scheduling conference with the Court pursuant to Fed. R. Civ . P. 16 on March 2, 2017, at 10:00 a.m. in Courtroom 218 of the Charles L. Brieant, Jr. Courthouse, 300 Quarropas Street, White Plains, New York 10601. The parties shall confer in accordance with Fed. R. Civ. P. 26(f) at least 21 days prior to the co nference and attempt in good faith to agree upon a proposed discovery plan that will ensure trial readiness within six months of the conference date. The parties shall also complete a Civil Case Discovery Plan and Scheduling Order and bring it to the conference. The Clerk of Court is respectfully directed to terminate Docket No. 39. (Initial Conference set for 3/2/2017 at 10:00 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 1/9/2017) (mml)
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