Velasquez v. Chong Qing Xiao Mian I, Inc. et al
| Ricardo Velasquez |
| Chong Qing Xiao Mian I, Inc., Chong Qing Xiao Mian Inc and 796-798 Ninth Successor LLC |
| 1:2019cv08824 |
| September 23, 2019 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Mary Kay Vyskocil |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Filing 31 MEMORANDUM OF LAW in Support re: #30 MOTION to Dismiss . . Document filed by Chong Qing Xiao Mian I, Inc...(Henry, Michael) |
| Filing 30 MOTION to Dismiss . Document filed by Chong Qing Xiao Mian I, Inc...(Henry, Michael) |
| Filing 29 ANSWER to #28 Amended Complaint. Document filed by 796-798 Ninth Successor LLC..(Chylinski, Jeremi) |
| Filing 28 AMENDED COMPLAINT amending #1 Complaint against 796-798 Ninth Successor LLC, Chong Qing Xiao Mian I, Inc..Document filed by Ricardo Velasquez. Related document: #1 Complaint..(Weitz, Ben-Zion) |
| NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Alison J. Nathan is no longer assigned to the case..(wb) |
| Filing 27 LETTER addressed to Judge Alison J. Nathan from B. Bradley Weitz, Esq. dated January 30, 2020 re: INTENT TO AMEND COMPLAINT, PER ORDER D.E. 25. Document filed by Ricardo Velasquez.(Weitz, Ben-Zion) |
Filing 26
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 will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. 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 2/6/2020. (Signed by Judge Alison J. Nathan on 1/27/2020) (mro)
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| Minute Entry for proceedings held before Judge Alison J. Nathan. Initial pre-trial conference held. Joint letter from counsel due by Friday, February 7, 2020. Amended complaint from plaintiffs counsel due by Friday, February 14, 2020. Case management plan entered. Referral to Meditation Program entered. See transcript for complete details. (Court Reporter Sam Mauro) (qs) |
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Filing 25
ORDER: On January 21, 2020, Defendant Chong Qing Xiao Mian I, Inc. filed a motion to dismiss. Pursuant to Rule 3.F of this Court's Individual Practices in Civil Cases, on or before January 31, 2020, Plaintiff must notify the Court and his adversary in writing whether (1) he intends to file an amended pleading and when it will do so or (2) he will rely on the pleading being attacked. Plaintiff is on notice that declining to amend his pleadings to timely respond to a fully briefed argument in the Defendant's January 21 motion to dismiss may well constitute a waiver of the Plaintiff's right to use the amendment process to cure any defects that have been made apparent by the Defendant's briefing. See Loreley Fin. (Jersey) No. 3 Ltd v. Wells Fargo Sec., LLC., 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial ofleave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"). If Plaintiff chooses to amend, Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that it relies on the initially-filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/22/2020) (kv)
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Filing 24
ORDER denying #23 Letter Motion to Adjourn Conference. The request to adjourn the initial pre-trial conference is denied. While Defendant Chong Qing Xiao Mian has filed a motion to dismiss, Defendant 796-798 Ninth Successor LLC has filed an answer to the complaint. The conference will proceed as scheduled. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/22/2020) (kv)
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| Filing 23 LETTER MOTION to Adjourn Conference addressed to Judge Alison J. Nathan from Michael L. Henry dated 1/21/2020. Document filed by Chong Qing Xiao Mian I, Inc..(Henry, Michael) |
| Filing 22 AFFIDAVIT OF SERVICE of Motion to Dismiss, Memorandum of Law in Support of Motion to Dismiss, and Letter-Motion for Adjournment served on Plaintiff and Defendant 796-798 Ninth Successor LLC on 1/21/2020. Service was made by mail. Document filed by Chong Qing Xiao Mian I, Inc.. (Henry, Michael) |
| Filing 21 MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss . . Document filed by Chong Qing Xiao Mian I, Inc.. (Henry, Michael) |
| Filing 20 MOTION to Dismiss . Document filed by Chong Qing Xiao Mian I, Inc..(Henry, Michael) |
| Filing 19 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Ricardo Velasquez. (Attachments: #1 Proposed Case Management Plan)(Weitz, Ben-Zion) |
| Filing 18 ANSWER to #1 Complaint. Document filed by 796-798 Ninth Successor LLC.(Chylinski, Jeremi) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 796-798 Ninth Successor LLC.(Chylinski, Jeremi) |
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Filing 16
ORDER: The Clerk of the Court is respectfully directed to clear Dkt. No. 12 in the above-captioned case, which was resolved by Dkt. No. 15. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/27/2019) (jca)
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Filing 15
MEMO ENDORSEMENT granting #14 Motion for Extension of Time to Answer. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 11/26/2019) (ks)
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| Filing 14 LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Michael L. Henry dated 11/22/2019. Document filed by Chong Qing Xiao Mian I, Inc.. Return Date set for 12/12/2019 at 09:30 AM.(Henry, Michael) |
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Filing 13
ORDER granting #10 Letter Motion for Extension of Time to Answer re #1 Complaint. SO ORDERED. 796-798 Ninth Successor LLC answer due 12/20/2019. (Signed by Judge Alison J. Nathan on 11/20/2019) (kv)
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| Filing 12 FIRST MOTION for Extension of Time to File Answer re: #2 Civil Cover Sheet, #1 Complaint, #3 Request for Issuance of Summons . Document filed by Chong Qing Xiao Mian I, Inc.. Return Date set for 12/12/2019 at 09:30 AM.(Henry, Michael) |
| Filing 11 NOTICE OF APPEARANCE by Michael L Henry on behalf of Chong Qing Xiao Mian I, Inc.. (Henry, Michael) |
| Filing 10 LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Jeremi L. Chylinski, Esq. dated November 21, 2019. Document filed by 796-798 Ninth Successor LLC.(Chylinski, Jeremi) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. 796-798 Ninth Successor LLC served on 10/17/2019, answer due 11/7/2019. Service was accepted by Sue Zouky, as Authorized Agent of the Office of the Secretary of State of the State of New York. Document filed by Ricardo Velasquez. (Weitz, Ben-Zion) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. Chong Qing Xiao Mian I, Inc. served on 10/17/2019, answer due 11/7/2019. Service was accepted by Sue Zouky, as Authorized Agent of the Office of the Secretary of State of the State of New York. Document filed by Ricardo Velasquez. (Weitz, Ben-Zion) |
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/24/2020 at 03:15 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 10/2/2019) (kv)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Chong Qing Xiao Mian I, Inc.. (pne) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to 796-798 Ninth Successor LLC. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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) |
| 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. (pne) |
| Case Designated ECF. (pne) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to 796-798 NINTH SUCCESSOR LLC, re: #1 Complaint. Document filed by Ricardo Velasquez. (Weitz, Ben-Zion) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to CHONG QING XIAO MIAN I, INC., re: #1 Complaint. Document filed by Ricardo Velasquez. (Weitz, Ben-Zion) |
| Filing 2 CIVIL COVER SHEET filed. (Weitz, Ben-Zion) |
| Filing 1 COMPLAINT against 796-798 Ninth Successor LLC, Chong Qing Xiao Mian I, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17648120)Document filed by Ricardo Velasquez.(Weitz, Ben-Zion) |
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