Diaz v. Kendo Holdings Inc.
| Edwin Diaz |
| Kendo Holdings Inc. |
| 1:2018cv10914 |
| November 21, 2018 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 18, 2019. A more recent docket listing may be available from PACER.
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Filing 19
STIPULATION OF DISMISSAL WITH PREJUDICE: Plaintiff and Defendant, pursuant to the Federal Rules of Civil Procedure, hereby move to dismiss this action with prejudice, a resolution of all matters in dispute having been achieved. Each party shall bear their own attorneys' fees and costs, except as otherwise agreed to by the parties. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/18/2019) (ne)
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| Filing 18 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) Kendo Holdings Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Edwin Diaz. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Mizrahi, Joseph) |
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Filing 16
ORDER OF DISMISSAL: The Court having been advised (Docket Nos. 13, 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 are vacated. The Clerk of Court is directed to close the case. (Signed by Judge Jesse M. Furman on 1/2/2019) (mro)
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| Filing 15 NOTICE of Settlement . Document filed by Edwin Diaz. (Mizrahi, Joseph) |
| Filing 14 NOTICE of Settlement *Corrected. Document filed by Edwin Diaz. (Mizrahi, Joseph) |
| Filing 13 NOTICE of Settlement . Document filed by Edwin Diaz. (Mizrahi, Joseph) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 1/22/2019.(rpr) |
| Filing 12 SUMMONS RETURNED EXECUTED. Kendo Holdings Inc. served on 11/28/2018, answer due 2/4/2019. Service was accepted by DONNA SNOW, AGENT. Document filed by Edwin Diaz. (Mizrahi, Joseph) |
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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 February 4, 2019. No further extensions of that deadline will be granted, nor will any adjournments of the initial pretrial conference be granted on the grounds the parties have not been able to conduct the required early mediation session for reasons related to the extended answer deadline. (Docket No. #4 ). In light of the implication that Defendant was served with the summons and Complaint on November 28, 2018 (Docket No. #10 , at 1), Plaintiff shall promptly file proof of such service on the docket. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 10 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Jesse M. Furman from Shira M. Blank dated December 4, 2018. Document filed by Kendo Holdings Inc..(Blank, Shira) |
| Filing 9 NOTICE OF APPEARANCE by Shira M. Blank on behalf of Kendo Holdings Inc.. (Blank, Shira) |
| Filing 8 NOTICE OF APPEARANCE by Maxine Arielle Adams on behalf of Kendo Holdings Inc.. (Adams, Maxine) |
| Filing 7 NOTICE OF APPEARANCE by Joshua Adam Stein on behalf of Kendo Holdings Inc.. (Stein, Joshua) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Kendo Holdings Inc.. (jgo) |
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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 March 6, 2019. 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 12/6/2018. Mediator Expertise Request due by 12/3/2018. (Signed by Judge Jesse M. Furman on 11/26/2018) (ne)
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Filing 4
ORDER REGARDING EARLY MEDIATION AND THE INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/6/2019 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (As further set forth in this order) (Signed by Judge Jesse M. Furman on 11/26/2018) (ne)
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph H Mizrahi. The party information for the following party/parties has been modified: Kendo Holdings Inc.. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (jgo) |
| 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. (jgo) |
| Case Designated ECF. (jgo) |
| 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. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Kendo Holdings Inc., re: #1 Complaint. Document filed by Edwin Diaz. (Mizrahi, Joseph) |
| Filing 2 CIVIL COVER SHEET filed. (Mizrahi, Joseph) |
| Filing 1 COMPLAINT against Kendo Holdings Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-15949206)Document filed by Edwin Diaz.(Mizrahi, Joseph) |
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| Plaintiff: Edwin Diaz | |
| Represented By: | Joseph H Mizrahi |
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| Defendant: Kendo Holdings Inc. | |
| Represented By: | Maxine Arielle Adams |
| Represented By: | Joshua Adam Stein |
| Represented By: | Shira M. Blank |
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