Diaz v. Sennheiser Electronic Corporation
| Edwin Diaz |
| Sennheiser Electronic Corporation |
| 1:2019cv08269 |
| September 5, 2019 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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| Filing 15 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) Sennheiser Electronic Corporation 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) |
Filing 14
ORDER: By letter dated December 4, 2019, Dkt No. 13, the parties have informed the Court that this case has settled. Accordingly, 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. 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 further directed to terminate all pending motions, adjourn all remaining dates, and to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/05/2019) (ama)
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| Filing 13 JOINT LETTER MOTION to Stay proceedings and that all pending deadline and conferences be adjourned sine die addressed to Judge Gregory H. Woods from Christopher A. Seacord dated December 4, 2019. Document filed by Sennheiser Electronic Corporation.(Seacord, Christopher) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator.(mf) |
| MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 11/26/2019 at 02:30 PM in Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007.(mf) |
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Filing 11
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL ON CONSENT FOR DEFENDANT SENNHEISER ELECTRONIC CORPORATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, pursuant to Local Rule 1.4, that the law firm of Gordon Rees Scully Mansukhani, LLP, hereby is substituted in place of the law finn of Robinson & Cole LLP, as counsel of record for defendant Sennheiser Electronic Corporation, in the above captioned matter. Robinson & Cole LLP is granted leave to withdraw as counsel for Defendant. In addition, the time for Defendants to respond to the Complaint is extended to November 29, 2019. The Clerk of Court is instructed to remove Robinson & Cole from the list of counsel in this case and to terminate the motion pending at Dkt. No. 10 Attorney Christopher Aaron Seacord for Sennheiser Electronic Corporation added. Attorney Ian T. Clarke-Fisher terminated., Motions terminated: #10 LETTER MOTION to Substitute Attorney. Old Attorney: Lewis Robinson & Cole, LLP, New Attorney: Gordon Rees Scully Mansukhani, LLP and for an extension of time to respond to the Complaint addressed to Judge Gregory H. Woods from Christopher A. filed by Sennheiser Electronic Corporation. So Ordered (Signed by Judge Gregory H. Woods on 10/30/2019) (js) Modified on 10/31/2019 (js).
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| Set/Reset Deadlines: Sennheiser Electronic Corporation answer due 11/29/2019. (js) |
| Filing 10 LETTER MOTION to Substitute Attorney. Old Attorney: Lewis Robinson & Cole, LLP, New Attorney: Gordon Rees Scully Mansukhani, LLP and for an extension of time to respond to the Complaint addressed to Judge Gregory H. Woods from Christopher A. Seacord dated 10/29/2019. Document filed by Sennheiser Electronic Corporation. (Attachments: #1 Exhibit A- Seacord Declaration, #2 Exhibit B- Proposed stipulation)(Seacord, Christopher) |
| Filing 9 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Gregory H. Woods from Ian T. Clarke-Fisher dated September 26, 2019. Document filed by Sennheiser Electronic Corporation.(Clarke-Fisher, Ian) |
| Filing 8 NOTICE OF APPEARANCE by Ian T. Clarke-Fisher on behalf of Sennheiser Electronic Corporation. (Clarke-Fisher, Ian) |
| Filing 7 SUMMONS RETURNED EXECUTED. Sennheiser Electronic Corporation served on 9/9/2019, answer due 9/30/2019. Service was accepted by Kamesha James, Agent. Document filed by Edwin Diaz. (Mizrahi, Joseph) |
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Filing 6
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 at least two weeks prior to the Initial Pretrial Conference, which is currently scheduled for December 11, 2019 by separate Order entered on September 6, 2019. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. ALL ISSUES ARE ELIGIBLE. 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 9/19/2019. Mediator Expertise Request due by 9/16/2019. (Signed by Judge Gregory H. Woods on 9/09/2019) (ama) Transmission to Mediation Clerk for processing. Modified on 9/9/2019 (ama).
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court at the time and place listed below. DUE DATE OF JOINT LETTER and PROPOSED CASE MANAGEMENT PLAN: December 11, 2019. DATE AND PLACE OF CONFERENCE: December 18, 2019 at 4 p.m. in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York, 10007. SO ORDERED. Initial Conference set for 12/18/2019 at 04:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 9/06/2019) (ama)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Sennheiser Electronic Corporation. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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) |
| Magistrate Judge Debra C. Freeman 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) |
| Case Designated ECF. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Sennheiser Electronic Corporation, re: #1 Complaint. Document filed by Edwin Diaz. (Mizrahi, Joseph) |
| Filing 2 CIVIL COVER SHEET filed. (Mizrahi, Joseph) |
| Filing 1 COMPLAINT against Sennheiser Electronic Corporation. (Filing Fee $ 400.00, Receipt Number ANYSDC-17547312)Document filed by Edwin Diaz.(Mizrahi, Joseph) |
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| Plaintiff: Edwin Diaz | |
| Represented By: | Joseph H Mizrahi |
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| Defendant: Sennheiser Electronic Corporation | |
| Represented By: | Ian T. Clarke-Fisher |
| Represented By: | Christopher Aaron Seacord |
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