Diaz v. Sotheby's, Inc.
Plaintiff: Edwin Diaz
Defendant: Sotheby's and Sotheby's, Inc.
Case Number: 1:2018cv12391
Filed: December 31, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 15, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 15, 2019 Opinion or Order Filing 15 ORDER OF DISCONTINUANCE... It is hereby: ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/15/19) (yv)
February 14, 2019 Filing 14 NOTICE of Settlement . Document filed by Edwin Diaz. (Mizrahi, Joseph)
January 24, 2019 Filing 13 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/20/2019 at 12:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 1/24/2019) (rro)
January 11, 2019 Opinion or Order Filing 12 ORDER granting #11 Letter Motion for Extension of Time to Answer re #4 Complaint. Application GRANTED. SO ORDERED. (Sotheby's, Inc. answer due 3/14/2019.) (Signed by Judge Katherine Polk Failla on 1/11/2019) (rro)
January 11, 2019 Filing 11 CONSENT LETTER MOTION for Extension of Time to File Answer re: #4 Complaint addressed to Judge Katherine Polk Failla from Shira M. Blank dated January 11, 2019. Document filed by Sotheby's, Inc..(Blank, Shira)
January 11, 2019 Filing 10 NOTICE OF APPEARANCE by Shira M. Blank on behalf of Sotheby's, Inc.. (Blank, Shira)
January 11, 2019 Filing 9 NOTICE OF APPEARANCE by Joshua Adam Stein on behalf of Sotheby's, Inc.. (Stein, Joshua)
January 11, 2019 Filing 8 NOTICE OF APPEARANCE by Maxine Arielle Adams on behalf of Sotheby's, Inc.. (Adams, Maxine)
January 10, 2019 Filing 7 SUMMONS RETURNED EXECUTED. Sotheby's, Inc. served on 1/7/2019, answer due 1/28/2019. Service was accepted by LEGAL REP. OF CSC. Document filed by Edwin Diaz. (Mizrahi, Joseph)
January 2, 2019 Filing 6 ELECTRONIC SUMMONS ISSUED as to Sotheby's, Inc.. (sj)
January 2, 2019 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Sotheby's, Inc., re: #4 Complaint. Document filed by Edwin Diaz. (Mizrahi, Joseph)
January 2, 2019 Filing 4 COMPLAINT against Sotheby's, Inc.. Document filed by Edwin Diaz.(Mizrahi, Joseph)
January 2, 2019 Case Designated ECF. (sj)
January 2, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph H Mizrahi. The party information for the following party/parties has been modified: Sotheby's, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj)
January 2, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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)
January 2, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joseph H Mizrahi to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; party name has been modified to correspond with pleading. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj)
January 2, 2019 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)
December 31, 2018 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Sotheby's, Inc., re: #1 Complaint. Document filed by Edwin Diaz. (Mizrahi, Joseph)
December 31, 2018 Filing 2 CIVIL COVER SHEET filed. (Mizrahi, Joseph)
December 31, 2018 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Sotheby's. (Filing Fee $ 400.00, Receipt Number ANYSDC-16121077)Document filed by Edwin Diaz.(Mizrahi, Joseph) Modified on 1/2/2019 (sj).

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Plaintiff: Edwin Diaz
Represented By: Joseph H Mizrahi
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Defendant: Sotheby's
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Defendant: Sotheby's, Inc.
Represented By: Maxine Arielle Adams
Represented By: Joshua Adam Stein
Represented By: Shira M. Blank
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