Reid v. Alibris, Inc.
Plaintiff: Valentin Reid
Defendant: Alibris, Inc.
Case Number: 1:2019cv04176
Filed: May 8, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12101
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 9, 2019 Opinion or Order Filing 34 ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS WITH PREJUDICE AND WITHOUT COSTS AS TO DEFENDANT ALIBRIS, INC. #33 Motion to Dismiss. THE COURT having reviewed the plaintiff's Motion to Dismiss With Prejudice and Without Costs as to Defendant Alibris, Inc. pursuant to Fed. R. Civ. P. 41(a)(2) and being fully advised in the premises DOES HEREBY ORDER that this case is dismissed with prejudice as to all remaining defendants. See Fed. R. Civ. P. 41(a)(1)(A)(1) ("[T]he plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.") (Signed by Judge Lorna G. Schofield on 12/9/2019) (cf)
December 6, 2019 Filing 33 FIRST MOTION to Dismiss WITH PREJUDICE AND WITHOUT COSTS AS TO DEFENDANT ALIBRIS, INC. PURSUANT TO FED. R. CIV. P. 41(a)(2). Document filed by Valentin Reid. (Attachments: #1 Text of Proposed Order)(Force, David)
December 2, 2019 Opinion or Order Filing 32 ORDER: WHEREAS, the parties were directed to file letter briefs regarding the court's subject matter jurisdiction in the event there are no remaining accessibility barriers by November 26, 2019 (Dkt. No. 29); WHEREAS, Plaintiff failed to file a letter brief. It is hereby ORDERED that, by December 5, 2019, Plaintiff shall file a letter brief providing the legal and factual support for the court's subject matter jurisdiction in light of Defendant's expert report and in the event there are no remaining accessibility barriers. If Plaintiff fails to do so, the motion will be considered unopposed. (Signed by Judge Lorna G. Schofield on 12/2/2019) (mro)
November 26, 2019 Filing 31 LETTER addressed to Judge Lorna G. Schofield from Thomas J. Nitschke dated 11/26/19 re: Plaintiff's noncompliance with court order. Document filed by Alibris, Inc..(Brown, Peter)
November 19, 2019 Filing 30 FIRST PRELIMINARY PRETRIAL STATEMENT Proceedings. Document filed by Alibris, Inc.. (Attachments: #1 Exhibit Daryn Harpaz CV, #2 Exhibit Complaint, #3 Exhibit Pre-Motion Letter to Court dated 9-26-19, #4 Exhibit Affidavit of David Fisher, #5 Exhibit Alibris Letter in Opposition, #6 Exhibit Declaration of Valentin Reid, #7 Exhibit Amicus Brief in Domino's Pizza LLC v Robles)(Brown, Peter)
November 13, 2019 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah L. Cave. Please note that this is a reassignment of the designation only. (sjo)
October 30, 2019 Opinion or Order Filing 29 ORDER denying without prejudice to renewal #20 Letter Motion for Conference. WHEREAS, on September 26, 2019, Defendant filed a pre-motion letter and supporting affidavit seeking to move to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) on the grounds that Defendant's website is now in compliance under the Americans with Disabilities Act; WHEREAS, on October 18, 2019, Plaintiff filed a letter and supporting affidavit in response, asserting that the website remains non-complaint. It is hereby ORDERED that, on December 16, 2019, at 10:30 a.m. an evidentiary hearing will be held to determine whether any accessibility barriers on the website remain. It is further ORDERED that, if either party intends to rely on expert testimony at the forthcoming hearing, the party shall file its expert report by November 19, 2019, regarding whether there are any accessibility barriers on the website. By November 26, 2019, the parties shall file simultaneous letter briefs regarding the court's subject matter jurisdiction in the event there are no remaining accessibility barriers. Plaintiff is reminded that he has the burden of establishing that there is subject matter jurisdiction. It is further ORDERED that Defendant's letter motion to file a motion to dismiss (Dkt. No. 20) is DENIED without prejudice to renew following the resolution of the evidentiary hearing. It is further ORDERED that discovery is stayed pending the resolution of subject matter jurisdiction and all conferences are canceled. (Signed by Judge Lorna G. Schofield on 10/30/2019) (mro)
October 30, 2019 Set/Reset Hearings: Evidentiary Hearing set for 12/16/2019 at 10:30 AM before Judge Lorna G. Schofield. (mro)
October 28, 2019 Filing 28 LETTER RESPONSE in Support of Motion addressed to Judge Lorna G. Schofield from Thomas J. Nitschke dated 10/28/2019 re: #20 FIRST LETTER MOTION for Conference re: #1 Complaint to be dismissed addressed to Judge Lorna G. Schofield from Thomas J. Nitschke dated 09/26/2019. Letter. Document filed by Alibris, Inc.. (Brown, Peter)
October 28, 2019 Filing 27 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Valentin Reid.(Willard, Kenneth)
October 18, 2019 Filing 26 DECLARATION of Valentin Reid in Opposition re: #20 FIRST LETTER MOTION for Conference re: #1 Complaint to be dismissed addressed to Judge Lorna G. Schofield from Thomas J. Nitschke dated 09/26/2019.. Document filed by Valentin Reid. (Attachments: #1 Affidavit Plf Declaration re Def MTD)(Willard, Kenneth)
October 17, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #25 SECOND MOTION for Thomas John Nitschke to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Wisconsin. 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 Proposed Order. (aea)
October 16, 2019 Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - SECOND MOTION for Thomas John Nitschke to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alibris, Inc.. Return Date set for 10/24/2019 at 10:00 AM. (Attachments: #1 Affidavit Affidavit of Thomas J. Nitschke, #2 Exhibit Certificate of Good Standing TJ Nitschke, #3 Text of Proposed Order Order to Admit TJ Nitschke, #4 Supplement Petition for Admission SDNY)(Brown, Peter) Modified on 10/17/2019 (aea).
October 10, 2019 Opinion or Order Filing 24 ORDER: WHEREAS, a pre-motion conference was held on October 10, 2019 to discuss Defendant's motion to dismiss for lack of subject matter jurisdiction. As discussed at the conference, it is hereby ORDERED that Plaintiff shall file a letter by October 21, 2019, apprising the Court as to whether Defendant's website has been brought into compliance under the Americans with Disabilities Act and, if necessary, in what respect(s) the website remains non-compliant. Plaintiff shall append to the letter an affidavit from the individual who conducted the website review, attesting to the findings and his or her qualifications. It is further ORDERED that no later than October 28, 2019, Defendant may file a letter response and the parties shall file a proposed new and expedited fact and expert discovery schedule. (Signed by Judge Lorna G. Schofield on 10/10/2019) (cf)
October 10, 2019 Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 10/10/2019. (jcs)
October 8, 2019 Filing 23 PROPOSED STIPULATION AND ORDER. Document filed by Alibris, Inc.. (Brown, Peter)
October 8, 2019 Filing 22 NOTICE OF APPEARANCE by Kenneth Willard on behalf of Valentin Reid. (Willard, Kenneth)
October 4, 2019 Filing 21 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Valentin Reid dated 9/4/2019 re: #20 FIRST LETTER MOTION for Conference re: #1 Complaint to be dismissed addressed to Judge Lorna G. Schofield from Thomas J. Nitschke dated 09/26/2019. . Document filed by Valentin Reid. (Force, David)
September 26, 2019 Filing 20 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST LETTER MOTION for Conference re: #1 Complaint to be dismissed addressed to Judge Lorna G. Schofield from Thomas J. Nitschke dated 09/26/2019. Document filed by Alibris, Inc.. Return Date set for 10/10/2019 at 10:40 AM. (Attachments: #1 Exhibit Affidavit of David Fisher)(Brown, Peter) Modified on 12/12/2019 (db).
September 24, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #19 FIRST MOTION for Thomas J. Nitschke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17647690. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois. We do not except certificates from state bar associations.;. Re-file the motion as a Corrected 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 Proposed Order.. (bcu)
September 23, 2019 Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Thomas J. Nitschke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17647690. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alibris, Inc.. Return Date set for 10/10/2019 at 10:40 AM. (Attachments: #1 Affidavit Petition for Admission, #2 Affidavit Affidavit of Thomas J. Nitschke, #3 Affidavit Exhibit A to Affidavit of T.J. Nitschke, #4 Text of Proposed Order Proposed Order)(Brown, Peter) Modified on 9/24/2019 (bcu).
September 23, 2019 Opinion or Order Filing 18 ORDER denying #17 Letter Motion to Stay. Application to stay proceedings DENIED. The Court does not ordinarily stay cases pending appeals of rulings in other cases. Defendant shall file a pre-motion letter by September 26, 2019 pursuant to Individual Rule III.A.1 explaining the legal and other grounds for the anticipated motion. Upon filing the pre-motion letter, Defendant shall be deemed to have responded to Plaintiff's complaint. Plaintiff shall file a response to Defendant's letter by October 3, 2019. A pre-motion conference will be held on October 10, 2019, at 10:40 AM. (Signed by Judge Lorna G. Schofield on 9/23/2019) (cf) Modified on 9/23/2019 (cf).
September 23, 2019 Set/Reset Hearings: Status Conference set for 10/10/2019 at 10:40 AM before Judge Lorna G. Schofield. (cf)
September 20, 2019 Filing 17 LETTER MOTION to Stay Proceedings addressed to Judge Lorna G. Schofield from Thomas J. Nitschke dated September 20, 2019. Document filed by Alibris, Inc.. Return Date set for 9/27/2019 at 11:00 AM.(Brown, Peter)
September 13, 2019 Filing 16 STATUS REPORT. Joint Document filed by Valentin Reid.(Saks, Yaakov)
September 12, 2019 Filing 15 RULE 26 DISCLOSURE.Document filed by Alibris, Inc..(Brown, Peter)
September 12, 2019 Filing 14 NOTICE OF APPEARANCE by Peter Brown on behalf of Alibris, Inc.. (Brown, Peter)
September 10, 2019 Opinion or Order Filing 13 ORDER: It is hereby ORDERED that, by September 13, 2019, the parties shall file the status letter. (Signed by Judge Lorna G. Schofield on 9/10/2019) (rro)
August 19, 2019 Filing 12 STIPULATION TO EXTEND TIME TO ANSWER OR RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED, by and between the undersigned attorneys for the parties hereto, that the time for Defendant Alibris, Inc. to answer or move in response to Plaintiff's Complaint is hereby extended up to and including September 30, 2019. Application GRANTED. This application is untimely. Nevertheless, the deadline to answer or otherwise respond to the Complaint is hereby extended to September 30, 2019. Alibris, Inc. answer due 9/30/2019., Motions terminated: #11 JOINT MOTION for Extension of Time to File Answer to complaint by Defendant. filed by Valentin Reid. (Signed by Judge Lorna G. Schofield on 8/19/2019) (cf)
August 16, 2019 Filing 11 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT MOTION for Extension of Time to File Answer to complaint by Defendant. Document filed by Valentin Reid.(Force, David) Modified on 10/11/2019 (db).
July 8, 2019 Opinion or Order Filing 10 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). No additional parties may be joined after 8/26/19 and Amended pleadings may be filed without leave of Court until 8/26/19. All fact discovery shall be completed no later than 11/8/2019. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by 10/9/19. If you have identified types of experts in question 9(a), all expert discovery shall be completed no later than 12/23/19. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 1 to 2 days. On 1/10/2020 at 10:40 A.M. a pre-motion conference will be held for any anticipated dispositive motions, as further set forth in this Order. Amended Pleadings due by 8/26/2019. Joinder of Parties due by 8/26/2019. Deposition due by 10/9/2019. Fact Discovery due by 11/8/2019. Expert Discovery due by 12/23/2019. Pre-Motion Conference set for 1/10/2020 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/8/2019) (cf)
July 8, 2019 Opinion or Order Filing 9 ORDER: It is hereby ORDERED that the July 11, 2019, initial pretrial conference is CANCELLED. (As further set forth in this Order.) The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 7/8/2019) (cf)
July 3, 2019 Filing 8 JOINT LETTER addressed to Judge Lorna G. Schofield from Jointly submitted dated July 3, 2019 re: Case Management Conference. Document filed by Valentin Reid. (Attachments: #1 Text of Proposed Order)(Force, David)
June 17, 2019 Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Alibris, Inc. waiver sent on 6/17/2019, answer due 8/16/2019. Document filed by Valentin Reid. (Force, David)
June 17, 2019 Filing 6 NOTICE OF APPEARANCE by David Paul Force on behalf of Valentin Reid. (Force, David)
May 20, 2019 Opinion or Order Filing 5 ORDER: Initial Conference set for 7/11/2019 at 11:00 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 5/20/2019) (cf)
May 9, 2019 Filing 4 ELECTRONIC SUMMONS ISSUED as to Alibris, Inc.. (dnh)
May 9, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Dov Michael Mittelman. The party information for the following party/parties has been modified: Valentin Reid. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (dnh)
May 9, 2019 Magistrate Judge Henry B. Pitman 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. (dnh)
May 9, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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. (dnh)
May 9, 2019 Case Designated ECF. (dnh)
May 8, 2019 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Alibris, Inc., re: #1 Complaint. Document filed by Valentin Reid. (Mittelman, Dov)
May 8, 2019 Filing 2 CIVIL COVER SHEET filed. (Mittelman, Dov)
May 8, 2019 Filing 1 COMPLAINT against Alibris, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16848272)Document filed by Valentin Reid.(Mittelman, Dov)

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Plaintiff: Valentin Reid
Represented By: Dov Michael Mittelman
Represented By: David Paul Force
Represented By: Kenneth Willard
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Defendant: Alibris, Inc.
Represented By: Peter Brown
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