Fox v. Acadia Pelham Manor LLC et al
Plaintiff: Anthony John Fox
Defendant: Qin Lan Inc., Acadia Pelham Manor LLC and RPAI Pelham Manor, L.L.C.
Case Number: 7:2018cv01343
Filed: February 14, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Vincent L Briccetti
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12101
Jury Demanded By: None
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This docket was last retrieved on November 14, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 14, 2018 Opinion or Order Filing 43 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE: The Parties, pursuant to Rule 41(a)(1)(A)(ii), Fed.R.Civ.P., hereby stipulate to the voluntary dismissal of this action with prejudice, as to Defendant RPAI PELHAM MANOR, L.L.C. and the action in its entirety (QIN LAN INC. was previously dismissed), with each party to bear their own attorney's fees, litigation expenses and costs, except as agreed to by the Parties in the settlement agreement. Pursuant to Anago Franchising. Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012), this stipulation for dismissal is self-executing. SO ORDERED. (RPAI Pelham Manor, L.L.C. terminated.) (Signed by Judge Vincent L. Briccetti on 11/14/2018) (anc) Modified on 11/15/2018 (anc).
November 14, 2018 Opinion or Order Filing 42 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE OF DEFENDANT QIN LAN INC. ONLY: The Parties, pursuant to Rule 41(a)(1)(A)(ii), Fed.R.Civ.P., hereby stipulate to the voluntary dismissal of this action with prejudice, as to Defendant QIN LAN INC. only, with each party to bear their own attorney's fees, litigation expenses and costs, except as agreed to by the Parties in the settlement agreement. Pursuant to Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012), this stipulation for dismissal is self-executing. SO ORDERED. (Qin Lan Inc. terminated.) (Signed by Judge Vincent L. Briccetti on 11/14/2018) (anc) Modified on 11/15/2018 (anc).
November 13, 2018 Filing 41 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) RPAI Pelham Manor, L.L.C. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Anthony John Fox. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Shulby, Todd)
October 30, 2018 Filing 40 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Qin Lan Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Anthony John Fox. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Shulby, Todd)
October 30, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Todd Shulby. RE-FILE Document No. #39 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (dt)
October 29, 2018 Filing 39 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Qin Lan Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Anthony John Fox. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Shulby, Todd) Modified on 10/30/2018 (dt).
October 29, 2018 Opinion or Order Filing 38 ORDER granting #37 Letter Motion for Extension of Time: The time for the parties to move to restore this case to the Court's calendar is extended to 11/12/2018. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mpe)
October 29, 2018 Filing 37 JOINT LETTER MOTION for Extension of Time to Consummate Settlement or Restore Case addressed to Judge Vincent L. Briccetti from Todd W. Shulby, Esq. dated 10/29/2018. Document filed by Anthony John Fox.(Shulby, Todd)
September 28, 2018 Opinion or Order Filing 36 ORDER OF DISMISSAL: The Court has been advised that the parties have settled this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs, and without prejudice to the right to restore the action to the Court's calendar, provided the application to restore the action is made by no later than October 29, 2018. To be clear, any application to restore the action must be filed by October 29, 2018, and any application to restore the action filed thereafter may be denied solely on the basis that it is untimely. All scheduled conferences or other scheduled court appearances are cancelled. Any pending motions are moot. The Clerk is instructed to close this case. (Motions due by 10/29/2018.) (Signed by Judge Vincent L. Briccetti on 9/28/2018) (mml)
September 28, 2018 Filing 35 JOINT LETTER addressed to Judge Vincent L. Briccetti dated September 28, 2018 re: Status of Settlement. Document filed by RPAI Pelham Manor, L.L.C..(Fish, Eric)
August 14, 2018 Opinion or Order Filing 34 CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is not to be tried to a jury. Any motion to amend or to join additional parties shall be filed by 9/13/2018. Expert Deposition due by 2/4/2019. Non-expert depositions shall be completed by 11/30/2018. Fact Discovery due by 12/14/2018. Expert Discovery due by 2/4/2019. Discovery due by 2/15/2019. Case Management Conference set for 2/20/2019 at 09:30 AM before Judge Vincent L. Briccetti. The parties have conferred and their present best estimate of the length of the trial is 3 days. 16. By 9/28/18, counsel to submit joint letter regarding settlement. (Signed by Judge Vincent L. Briccetti on 8/14/2018) (mml)
August 14, 2018 Minute Entry for proceedings held before Judge Vincent L. Briccetti: Initial Pretrial Conference held on 8/14/2018. Case management plan signed. Joint letter due regarding settlement 9-28-18, Next conf is sch for 2-20-19 at 9:30 a.m. (dh)
July 6, 2018 Filing 33 LETTER addressed to Judge Vincent L. Briccetti from Bingchen Li dated July 6, 2018 re: Second Adjournment of Initial Conference. Document filed by Qin Lan Inc..(Li, Bingchen)
July 6, 2018 Opinion or Order Filing 32 ORDER granting #31 Letter Motion to Adjourn Conference: The initial conference is adjourned to 8/14/2018 at 9:30 a.m. The Court notes that this conference was re-scheduled at the request of Mr. Li nearly three weeks ago, yet he waited until one business day before the conference to advise the Court that he "happen[s] to have a conflict" on that date. Judge Briccetti's Individual Practices (paragraph 1.G) require that absent an emergency, a request to adjourn a court appearance shall be made at least two business days before the scheduled appearance. Such unprofessional behavior will not be countenanced in the future, and no further adjournments of the initial conference will be granted. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
July 5, 2018 Filing 31 SECOND LETTER MOTION to Adjourn Conference addressed to Judge Vincent L. Briccetti from Bingchen Li dated July 5, 2018. Document filed by Qin Lan Inc..(Li, Bingchen)
June 18, 2018 Opinion or Order Filing 30 ORDER granting #29 Letter Motion to Adjourn Conference: The conference scheduled for 6/20/2018 is adjourned to 7/9/2018, at 9:30 a.m. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
June 18, 2018 Filing 29 LETTER MOTION to Adjourn Conference addressed to Judge Vincent L. Briccetti from Bingchen Li dated June 18, 2018. Document filed by Qin Lan Inc..(Li, Bingchen)
May 30, 2018 Filing 28 ANSWER to #25 Crossclaim. Document filed by RPAI Pelham Manor, L.L.C..(Fish, Eric)
May 16, 2018 Filing 27 ANSWER to #12 Amended Complaint. Document filed by RPAI Pelham Manor, L.L.C..(Fish, Eric)
May 14, 2018 Filing 26 NOTICE OF INITIAL CONFERENCE: Initial Conference set for 6/20/2018 at 09:15 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (mml)
May 13, 2018 Filing 25 ANSWER to #12 Amended Complaint., CROSSCLAIM against RPAI Pelham Manor, L.L.C.. Document filed by Qin Lan Inc..(Li, Bingchen)
April 23, 2018 Opinion or Order Filing 24 ORDER granting #23 Letter Motion for Extension of Time to Answer: Defendant Qin Lan Inc.'s time to answer, move, or otherwise respond to the amended complaint is extended to 5/16/2018. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
April 21, 2018 Filing 23 LETTER MOTION for Extension of Time to File Answer addressed to Judge Vincent L. Briccetti from Bingchen Li dated April 21, 2018. Document filed by Qin Lan Inc.. (Attachments: #1 Text of Proposed Order)(Li, Bingchen)
April 19, 2018 Opinion or Order Filing 22 ORDER granting #20 Letter Motion for Extension of Time: Defendant RPAI's time to answer, move, or otherwise respond to the amended complaint is extended to 5/16/2018. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
April 19, 2018 Filing 21 NOTICE OF APPEARANCE by Eric Robert Fish on behalf of RPAI Pelham Manor, L.L.C.. (Fish, Eric)
April 19, 2018 Filing 20 LETTER MOTION for Extension of Time to Answer, Move, or Otherwise Respond to the Plaintiff's Complaint addressed to Judge Vincent L. Briccetti from Eric R. Fish dated April 19, 2018. Document filed by RPAI Pelham Manor, L.L.C..(Fish, Eric)
March 28, 2018 Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Qin Lan Inc..(Li, Bingchen)
March 28, 2018 Filing 18 NOTICE OF APPEARANCE by Bingchen Li on behalf of Qin Lan Inc.. (Li, Bingchen)
March 22, 2018 Filing 17 ELECTRONIC SUMMONS ISSUED as to RPAI Pelham Manor, L.L.C.. (sj)
March 22, 2018 Opinion or Order Filing 16 ORDER FOR ADMISSION TO APPEAR PRO HAC VICE granting #15 Motion for Edward N. Garno to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 3/22/18) (yv) Modified on 3/22/2018 (yv).
March 22, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Edward N. Garno, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14839337. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
March 21, 2018 Filing 15 MOTION for Edward N. Garno, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14839337. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthony John Fox. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Garno, Edward)
March 19, 2018 Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to RPAI Pelham Manor, L.L.C., re: #12 Amended Complaint. Document filed by Anthony John Fox. (Garno, Edward)
March 16, 2018 Opinion or Order Filing 13 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF DEFENDANT ACADIA PELHAM MANOR LLC ONLY. Plaintiff, by and through the undersigned counsel, and pursuant to Rule 41, Federal Rules of Civil Procedure, hereby provides this notice of voluntary dismissal of this action against ACADIA PELHAM MANOR LLC only without prejudice. The Clerk shall terminate defendant Acadia Pelham Manor LLC. So Ordered., (Acadia Pelham Manor LLC terminated.) (Signed by Judge Vincent L. Briccetti on 3/16/18) (yv)
March 15, 2018 Filing 12 AMENDED COMPLAINT amending #1 Complaint against Qin Lan Inc., RPAI Pelham Manor, L.L.C..Document filed by Anthony John Fox. Related document: #1 Complaint.(Shulby, Todd)
March 15, 2018 Filing 11 NOTICE of Voluntary Dismissal Without Prejudice of Defendant Acadia Pelham Manor LLC Only. Document filed by Anthony John Fox. (Shulby, Todd)
March 6, 2018 Filing 10 ELECTRONIC SUMMONS ISSUED as to Qin Lan Inc.. (vf)
March 6, 2018 Filing 9 ELECTRONIC SUMMONS ISSUED as to Acadia Pelham Manor LLC. (vf)
March 6, 2018 Opinion or Order Filing 8 ORDER FOR ADMISSION TO APPEAR PRO HAC VICE granting #7 Motion for Todd W. Shulby to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 3/6/18) (yv) Modified on 5/4/2018 (yv).
March 6, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Todd W. Shulby, Esq. to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
March 5, 2018 Filing 7 MOTION for Todd W. Shulby, Esq. to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthony John Fox. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Shulby, Todd)
March 5, 2018 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Qin Lan Inc., re: #1 Complaint. Document filed by Anthony John Fox. (Garno, Edward)
March 5, 2018 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Acadia Pelham Manor LLC, re: #1 Complaint. Document filed by Anthony John Fox. (Garno, Edward)
February 28, 2018 Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Todd W. Shulby, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14751918. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthony John Fox. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Shulby, Todd) Modified on 2/28/2018 (bcu).
February 28, 2018 Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Edward N. Garno, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14751825. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthony John Fox. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Garno, Edward) Modified on 2/28/2018 (bcu).
February 28, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #4 MOTION for Todd W. Shulby, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14751918. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit/Declaration is missing per local rule 1.3.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
February 28, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #3 MOTION for Edward N. Garno, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14751825. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit/Declaration is missing per local rule 1.3.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
February 20, 2018 Magistrate Judge Paul E. Davison is so redesignated. (wb)
February 20, 2018 NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Ronnie Abrams is no longer assigned to the case. (wb)
February 19, 2018 Filing 2 CIVIL COVER SHEET filed. (Garno, Edward)
February 15, 2018 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Edward Garno. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf)
February 15, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (vf)
February 15, 2018 Case Designated ECF. (vf)
February 15, 2018 Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (vf)
February 14, 2018 Filing 1 COMPLAINT against Acadia Pelham Manor LLC, Qin Lan Inc.. (Filing Fee $ 400.00, Receipt Number 0208-14702791)Document filed by Anthony John Fox.(Garno, Edward)

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Defendant: Qin Lan Inc.
Represented By: Bingchen Li
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Defendant: Acadia Pelham Manor LLC
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Defendant: RPAI Pelham Manor, L.L.C.
Represented By: Eric Robert Fish
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Plaintiff: Anthony John Fox
Represented By: Edward Garno
Represented By: Todd W. Shulby
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