Castillo v. YNAP Corporation
| Rebecca Castillo |
| YNAP Corporation, d/b/a, Karl Lagerfeld, YNAP Corporation and YNAP Corporation a Delaware Corporation doing business as Karl Lagerfeld |
| 1:2018cv06383 |
| July 13, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Jesse M Furman |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 19 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) YNAP Corporation pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Rebecca Castillo. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Merino, Javier) |
Filing 18
CONSENT DECREE: In resolution of this action, the Parties hereby AGREE to and the Court expressly APPROVES, ENTERS, AND ORDERS the following: Web Accessibility Conformance Timeline: Defendant shall use Reasonable Efforts to improve the existing level of accessibility of the Website to Persons with a visual impairment within twenty-five (25) months of the Effective Date, so long as Defendant continues to be contractually responsible to Karl Lagerfeld International B.V. or any of its affiliates for the operation of the Website during such timeframe. Notwithstanding anything to the contrary contained herein and for the avoidance of doubt, Plaintiff will not have any recourse against Karl Lagerfeld International B.V. or any of its affiliates under this Consent Decree with respect to the Website. Specific Relief: Plaintiff and Defendant have agreed to settle all matters relating to costs, damages, attorneys' fees, experts' fees, and other financial matters, relating to any alleged inaccessibility of the Website through a separate agreement (the "Settlement Agreement") hereby incorporated by reference into this Consent Decree. The Settlement Agreement shall be provided to the Court in camera for inspection and review if the Court so requires in order to extend its enforcement jurisdiction over the terms of the Settlement Agreement. (As further set forth in this consent decree) (Signed by Judge Jesse M. Furman on 11/5/2018) (ne)
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| Filing 17 PROPOSED CONSENT ORDER. Document filed by Rebecca Castillo. (Merino, Javier) |
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Filing 16
ORDER OF DISMISSAL: The Court having been advised (Docket No. 15) that all claims asserted herein have been settled, it is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be "so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/31/2018) (ne)
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| MEDIATOR SESSION NOT HELD Mediator Session scheduled for 09/26/2018 at Mediator's Office was NOT held.(ms) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 09/26/2018, 12 P.M. at Mediator's Office.(ah) |
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Filing 14
ORDER denying without prejudice #13 Letter Motion for Extension of Time. The parties are reminded that they are scheduled to appear before the Court on October 16, 2018, for an initial pretrial conference. Given that the parties have until that date to conduct the court-ordered mediation, they have plenty of time to settle case without the need for an extension at this time. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 13 LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Javier Merino dated 8/10/18. Document filed by Rebecca Castillo.(Merino, Javier) |
| Filing 12 NOTICE of of Withdrawal of Doc. 11 re: #11 Notice (Other). Document filed by Rebecca Castillo. (Merino, Javier) |
| Filing 11 NOTICE of of Settlement in Principle. Document filed by Rebecca Castillo. (Merino, Javier) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 9/7/2018. Mediation to be held by 10/16/2018.(mf) |
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time to Answer. The deadline to answer or otherwise respond to the Complaint is hereby EXTENDED to September 6, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 9 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Jesse M. Furman from Jonathan E. Temchin dated August 2, 2018. Document filed by YNAP Corporation.(Temchin, Jonathan) |
| Filing 8 NOTICE OF APPEARANCE by Jonathan Temchin on behalf of YNAP Corporation. (Temchin, Jonathan) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to YNAP Corporation. (dnh) |
| Terminate Mediation Case Tracking Deadlines: Mediator Assignment Deadline, Mediator Expertise Request Deadline, (rpr) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to YNAP Corporation, d/b/a Karl Laerfeld c/o New York Secretary of State, re: #1 Complaint. Document filed by Rebecca Castillo. (Merino, Javier) |
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Filing 5
MEDIATION REFERRAL ORDER...It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation should take place prior to the Initial Pretrial Conference, which is currently scheduled (by separate Order to be entered today) for October 16, 2018. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 7/26/2018. Mediator Expertise Request due by 7/23/2018. (Signed by Judge Jesse M. Furman on 7/16/2018) (tro) Modified on 7/16/2018 (tro).
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Filing 4
ORDER REGARDING EARLY MEDIATION AND THE INITIAL PRETRIAL CONFERENCE: This case has been assigned to this Court for all purposes. In the Court's experience, cases of this nature often benefit from early mediation. To that end, by separate Order to be entered today, the Court is referring this case to the Court-annexed Mediation Program. Initial Conference set for 10/16/2018 at 03:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 7/16/2018) (tro)
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| Magistrate Judge Kevin Nathaniel Fox 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. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Javier Luis Merino. The party information for the following parties has been modified: Rebecca Castillo, YNAP Corporation. The information for the parties has been modified for the following reasons: party name contained a typographical error; party text was omitted; alias party name was entered incorrectly. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Javier Luis Merino. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:12188; County code Albany. The following corrections have been made to your case entry: the Cause of Action code has been modified to 28:1331ot; the County code has been modified to XX Out of State. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Javier Luis Merino to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason: the name of the party for whom the summons is being requested must match on the PDF and docket entry text. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to YNAP Corporation, d/b/a Karl Laerfeld via NY SOS, re: #1 Complaint. Document filed by Rebecca Castillo. (Merino, Javier) Modified on 7/16/2018 (pne). |
| Filing 2 CIVIL COVER SHEET filed. (Merino, Javier) |
| Filing 1 COMPLAINT against YNAP Corporation, d/b/a, Karl Lagerfeld. (Filing Fee $ 400.00, Receipt Number 0208-15321898)Document filed by Rebecca Castillo.(Merino, Javier) |
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