Ross v. Moklam Enterprises, Inc. et al
| Kathleen Ross |
| Moklam Enterprises, Inc., Genesco Inc. d/b/a Journeys and Genesco Inc. |
| 1:2018cv02117 |
| March 8, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Paul A Crotty |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12188 |
| Both |
Docket Report
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Filing 39
JOINT STIPULATION OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, pursuant to Fed. R. Civ. P. 41 (a), by and between the undersigned attorneys of record, that the above-captioned proceeding be, and hereby is, dismissed in its entirety, with prejudice, against all of the Defendants without fees or costs to any party against any other. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/05/2019) (ama)
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| Filing 38 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) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Kathleen Ross. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Bizer, Andrew) |
| Filing 37 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) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Kathleen Ross. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Bizer, Andrew) Modified on 4/2/2019 (dt). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Andrew Bizer. RE-FILE Document No. #37 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by the attorneys;. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - attach the correct signed (scanned signature image) PDF. (dt) |
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Filing 36
ORDER granting #35 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that the Motion is GRANTED, and attorney Marc P. Florman is hereby withdrawn as counsel of record for Plaintiff in this case. SO ORDERED. (Attorney Marc P Florman terminated.) (Signed by Judge Paul A. Crotty on 10/17/18) (yv)
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| Filing 35 MOTION for Marc P. Florman to Withdraw as Attorney . Document filed by Kathleen Ross. (Attachments: #1 Text of Proposed Order)(Florman, Marc) |
| DOCKET ANNOTATION: Per the Notice of Settlement, filed 7/20/2018, the 9/5/2018 status conference before Judge Paul Crotty is off the calendar. (dgo) |
| Filing 34 MEMO ENDORSEMENT on re: #33 Notice of Settlement filed by Kathleen Ross. ENDORSEMENT: In light of the parties' settlement in principle, the settlement conference set for September 4, 2018, is ADJOURNED sine die. (Signed by Magistrate Judge Sarah Netburn on 7/23/2018) (ras) |
| Filing 33 NOTICE of Settlement . Document filed by Kathleen Ross. (Florman, Marc) |
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Filing 32
SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 9/4/2018 at 02:00 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. (And as further set forth in this order) (Signed by Magistrate Judge Sarah Netburn on 6/14/2018) (ne)
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Filing 31
ORDER: On Wednesday, June 6, 2018, the Honorable Paul A. Crotty assigned this matter to my docket for settlement and indicated that the conference should be held within the next 60 days. In light of the Court's busy calendar, settlement conferences must generally be scheduled at least six to eight weeks in advance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. Accordingly, the parties are directed to contact Courtroom Deputy Joseph Mendieta immediately with both parties on the line, at (212) 805-0286, to schedule a settlement conference for a time when they believe it would be productive. (Signed by Magistrate Judge Sarah Netburn on 6/12/2018) (jwh)
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Filing 30
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement: 60 Days. Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Paul A. Crotty on 6/6/2018) (kgo)
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Filing 29
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Initial disclosure pursuant to Rules 26(a)(1), Fed. R. Civ. P., shall be completed by 6/27/18. Deposition due by 10/4/2018. Requests to Admit to be served by 10/4/2018. Fact Discovery due by 10/4/2018. Initial requests for production of documents to be served by 7/11/18. Interrogatories to be served by 7/11/18. Expert Discovery due by 11/30/2018. Counsel for the parties have discussed an informal exchange of information in aid of an early settlement of this case and have agreed upon the following: The Parties are engaged in settlement conversations and have agreed to discuss the appropriateness of sharing of certain documents that will facilitate those discussions. Counsel for the parties have discussed the use of the following alternate dispute resolution mechanisms for use in this case: The Parties will try a settlement conference before the Magistrate Judge, and, if that fails, non-binding mediation. Counsel for the parties recommend that the alternate dispute resolution mechanism designated in paragraph b, be employed at the following point in the case: 45 days after Plaintiff's expert report, or 15 days after Defendants' expert reports. Counsel for the parties have conferred and their present best estimate of the length of trial is: 2-3 days. Parties to meet to confer on scheduled for expert disclosures no later than 9/4/18. All counsel to meet face-to-face to discuss settlement no later than 10/18/18. Date recommended by counsel for alternate dispute resolution 12/14/18. Pretrial Conference set for 9/5/2018 at 11:45 AM before Judge Paul A. Crotty in Courtroom 14C. (Signed by Judge Paul A. Crotty on 6/6/18) (yv) Modified on 6/6/2018 (yv).
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| Minute Entry for proceedings held before Judge Paul A. Crotty: Initial Pretrial Conference held on 6/6/2018. REMARK: Andrew Bizer and Marc Florman appeared via telephone for the plaintiff. Stephen Barret appeared for the Moklam Enterprises defendant. Eric Fish appeared for Genesco. The Court approved the CCMP and will issue a 60 day Order of Reference for settlement purposes. A pretrial conference is set for September 5, 2018 at 11:45 AM. See transcript for details. (Court Reporter Kelly Surina) (dgo) |
| Filing 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Moklam Enterprises, Inc..(Zibas, Jura) |
| Filing 27 ANSWER to #20 Crossclaim. Document filed by Moklam Enterprises, Inc..(Zibas, Jura) |
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Filing 26
ORDER granting #13 Motion for Marc P. Florman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul)
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| Filing 25 JOINT LETTER addressed to Judge Paul A. Crotty from Counsel for All Parties, Jointly dated June 4, 2018 re: Initial Pretrial Conference, June 6, 2018 at 11:00 AM. Document filed by Kathleen Ross.(Bizer, Andrew) |
| Filing 24 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Kathleen Ross.(Bizer, Andrew) |
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Filing 23
ORDER granting #21 Letter Motion for Conference re: #21 LETTER MOTION for Conference re: Order for Initial Pretrial Conference to appear via telephone addressed to Judge Paul A. Crotty from Andrew Bizer dated 5/23/2018. Mr. Bizer may appear via telephone. The dial-in number is: 888-363-4749. The access code is 8539662. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (Crotty, Paul)
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| Filing 22 ANSWER to #18 Crossclaim. Document filed by Genesco Inc..(Fish, Eric) |
| Filing 21 LETTER MOTION for Conference re: Order for Initial Pretrial Conference to appear via telephone addressed to Judge Paul A. Crotty from Andrew Bizer dated 5/23/2018. Document filed by Kathleen Ross.(Bizer, Andrew) |
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ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/6/2018 at 11:00 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (Signed by Judge Paul A. Crotty on 5/17/2018) (dgo)
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| Filing 20 ANSWER to #1 Complaint with JURY DEMAND., CROSSCLAIM against Moklam Enterprises, Inc.. Document filed by Genesco Inc..(Fish, Eric) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Genesco Inc..(Fish, Eric) |
| Filing 18 ANSWER to #1 Complaint with JURY DEMAND., CROSSCLAIM against Genesco Inc.. Document filed by Moklam Enterprises, Inc..(Zibas, Jura) |
| Filing 17 NOTICE OF APPEARANCE by Jura Christine Zibas on behalf of Moklam Enterprises, Inc.. (Zibas, Jura) |
| Filing 16 NOTICE OF APPEARANCE by Stephen James Barrett on behalf of Moklam Enterprises, Inc.. (Barrett, Stephen) |
| Filing 15 SUMMONS RETURNED EXECUTED Summons and Complaint served. Moklam Enterprises, Inc. served on 3/20/2018, answer due 4/10/2018. Service was accepted by Nancy Dougherty agent of Secretary of State. Document filed by Kathleen Ross. (Bizer, Andrew) |
| Filing 14 SUMMONS RETURNED EXECUTED Summons and Complaint served. Genesco Inc. served on 3/20/2018, answer due 5/15/2018. Service was accepted by Nancy Dougherty agent of Secretary of State. Document filed by Kathleen Ross. (Bizer, Andrew) |
| Filing 13 MOTION for Marc P. Florman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kathleen Ross. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit Affidavit in Support, #3 Text of Proposed Order Proposed Order)(Florman, Marc) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Marc P. Florman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15017213. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kathleen Ross. (Attachments: #1 Affidavit Affidavit in Support, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order)(Florman, Marc) Modified on 5/2/2018 (jc). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Marc P. Florman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15017213. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit is missing some of the language required by Local Rule 1.3, i.e. whether the applicant has ever been convicted of a felony AND whether the applicant has ever been censured, suspended, disbarred or denied admission or readmission by any court. Re-file the motion as a 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 Attorney Affidavit - attach Proposed Order. (jc) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Marc P. Florman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time. The requested extension to May 15, 2018 (see pg 2) is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/30/18) (yv)
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| Set/Reset Deadlines: Genesco Inc. answer due 5/15/2018. (yv) |
| Filing 10 LETTER MOTION for Extension of Time to Answer, Move, or Otherwise Respond to the Complaint addressed to Judge Paul A. Crotty from Eric R. Fish dated April 30, 2018. Document filed by Genesco Inc..(Fish, Eric) |
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time. The request to extend the time to answer, move or otherwise respond is extended to May 1, 2018. So Ordered. (Signed by Judge Paul A. Crotty on 4/10/18) (yv)
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| Set/Reset Deadlines: Genesco Inc. answer due 5/1/2018. (yv) |
| Filing 8 LETTER MOTION for Extension of Time to Answer, Move, or Otherwise Respond to the Complaint addressed to Judge Paul A. Crotty from Eric R. Fish dated April 9, 2018. Document filed by Genesco Inc..(Fish, Eric) |
| Filing 7 NOTICE OF APPEARANCE by Eric Robert Fish on behalf of Genesco Inc.. (Fish, Eric) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Genesco Inc.. (sj) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Moklam Enterprises, Inc.. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew David Bizer. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to Queens. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew David Bizer. The party information for the following party/parties has been modified: Genesco Inc.. The information for the party/parties has been modified for the following reason/reasons: alias party type was entered incorrectly. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. 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. (sj) |
| Case Designated ECF. (sj) |
| Magistrate Judge Sarah Netburn 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. (sj) |
| Filing 4 CIVIL COVER SHEET filed. (Bizer, Andrew) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Moklam Enterprises, Inc., re: #1 Complaint. Document filed by Kathleen Ross. (Bizer, Andrew) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Genesco Inc. d/b/a Journeys, re: #1 Complaint. Document filed by Kathleen Ross. (Bizer, Andrew) |
| Filing 1 COMPLAINT against Genesco Inc. d/b/a Journeys, Moklam Enterprises, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-14788617)Document filed by Kathleen Ross.(Bizer, Andrew) |
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