Vuppala v. Marco Polo Caterers LLC et al
| Kiran Vuppala |
| Marco Polo Caterers LLC, Ajax, LLC and Marco Polo Caterers LLC a New York limited liability company doing business as 15 East |
| 1:2018cv07177 |
| August 9, 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 |
| 42 U.S.C. § 12188 Americans With Disabilities Act - Civil Enforcement Actions |
| None |
Docket Report
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Filing 24
STIPULATION OF DISMISSAL WITH PREJUDICE. Plaintiff and Defendants, through their undersigned attorneys, hereby stipulate to the voluntary dismissal of the above-captioned action against all Defendants, with prejudice, and without costs, attorneys' fees, expenses or disbursements to any party as against the other. So ordered. (Signed by Judge Jesse M. Furman on 2/22/2019) (rjm)
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| Filing 23 PROPOSED STIPULATION AND ORDER. Document filed by Ajax, LLC, Marco Polo Caterers LLC. (Witkin, Eric) |
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Filing 22
ORDER denying #21 Letter Motion for Extension of Time to Reopen. The Court's Individual Rules and Practices provide that, "[a]bsent an emergency, any request for extension or adjournment shall be made at least 48 hours prior to the deadline or scheduled appearance. Requests for extensions will ordinarily be denied if made after the expiration of the original deadline." Counsel was reminded of that rule in the Court's Order of December 4, 2018 (Docket No. 18), which granted a previous extension request despite its tardiness, reminded counsel of the rule, and warned that any future motion made later than 48 hours before the relevant deadline "may be denied on that basis alone." In light of the foregoing, counsel's latest request - filed at 7:01 p.m. on the day of the deadline - is DENIED. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 21 THIRD LETTER MOTION for Extension of Time of Dismissal deadline addressed to Judge Jesse M. Furman from B. Bradley Weitz, Esq. dated February 1, 2019. Document filed by Kiran Vuppala.(Weitz, Ben-Zion) |
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time. The deadline by which the parties must seek to reopen the action is hereby EXTENDED to February 1, 2019. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 19 LETTER MOTION for Extension of Time of Dismissal deadline addressed to Judge Jesse M. Furman from B. Bradley Weitz, Esq. dated January 2, 2019. Document filed by Kiran Vuppala.(Weitz, Ben-Zion) |
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time to Reopen. Counsel is reminded that motions for extensions of time must ordinarily be made at least 48 hours before the relevant deadline and that motions made later than that may be denied on that basis alone. That said, the deadline by which the parties must move to reopen this case is hereby EXTENDED, nunc pro tunc, to January 2, 2019. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 17 LETTER MOTION for Extension of Time to Reopen addressed to Judge Jesse M. Furman from B. Bradley Weitz, Esq. dated December 3, 2018. Document filed by Kiran Vuppala.(Weitz, Ben-Zion) |
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Filing 15
ORDER OF DISMISSAL: The Court having been advised (Docket No. 14) that all claims asserted herein have been settled in principle, 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 by the aforementioned deadline; 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 by the same deadline 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, including the initial pretrial conference scheduled for December 13, 2018, are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/1/2018) (ne)
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| Filing 14 NOTICE of Settlement . Document filed by Kiran Vuppala. (Weitz, Ben-Zion) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 11/15/2018. Mediation to be held by December 13, 2018.(mf) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint. Marco Polo Caterers LLC served on 9/20/2018, answer due 11/13/2018. Service was accepted by Nancy Dougherty, as Authorized Agent of the Office of the Secretary of State of the State of New York. Document filed by Kiran Vuppala. (Weitz, Ben-Zion) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Ajax, LLC served on 9/20/2018, answer due 11/13/2018. Service was accepted by Nancy Dougherty, as Authorized Agent of the Office of the Secretary of State of the State of New York. Document filed by Kiran Vuppala. (Weitz, Ben-Zion) |
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time to Answer. The deadline to answer or otherwise respond to the Complaint is hereby EXTENDED to November 13, 2018. In light of that, the initial pretrial conference is ADJOURNED to December 13, 2018, at 3:00 p.m. (The parties are reminded that, per the Notice of Initial Pretrial Conference, they are to conduct a mediation prior to that date.) Additionally, in light of Defendants' assertion that Marco Polo Caterers, Inc. has not been served (see Docket No. #10 ), plaintiff shall promptly file any proof of service on all defendants with this Court. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 10 LETTER MOTION for Extension of Time to File Answer , Move or Otherwise Respond to the #1 Complaint addressed to Judge Jesse M. Furman from Eric D. Witkin dated October 9, 2018. Document filed by Ajax, LLC, Marco Polo Caterers LLC.(Witkin, Eric) |
| Filing 9 NOTICE OF APPEARANCE by Eric Douglas Witkin on behalf of Ajax, LLC, Marco Polo Caterers LLC. (Witkin, Eric) |
| Terminate Mediation Case Tracking Deadlines: Mediator Assignment Deadline, Mediator Expertise Request Deadline (mf) |
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Filing 8
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 November 8, 2018. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. 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 8/20/2018. Mediator Expertise Request due by 8/15/2018. (Signed by Judge Jesse M. Furman on 8/10/2018) (ne)
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Filing 7
ORDER REGARDING EARLY MEDIATION AND THE INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/8/2018 at 04:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 8/10/2018) (ne)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Marco Polo Caterers LLC. (pne) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Ajax, LLC. (pne) |
| Magistrate Judge Ona T. Wang 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) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Ajax, LLC, re: #1 Complaint. Document filed by Kiran Vuppala. (Weitz, Ben-Zion) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Marco Polo Caterers LLC, re: #1 Complaint. Document filed by Kiran Vuppala. (Weitz, Ben-Zion) |
| Filing 2 CIVIL COVER SHEET filed. (Weitz, Ben-Zion) |
| Filing 1 COMPLAINT against Ajax, LLC, Marco Polo Caterers LLC. (Filing Fee $ 400.00, Receipt Number 0208-15430909)Document filed by Kiran Vuppala.(Weitz, Ben-Zion) |
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