Mercer v. North Fork Mountain Inn, L.L.C.
Plaintiff: Stacey Mercer
Defendant: North Fork Mountain Inn, L.L.C. a West Virginia limited liability company doing business as North Fork Mountain Inn
Case Number: 1:2020cv06217
Filed: August 7, 2020
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: 42 U.S.C. ยง 12101
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 1, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2020 Filing 10 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) North Fork Mountain Inn, L.L.C.. Document filed by Stacey Mercer. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Bashian, Erik)
September 8, 2020 Opinion or Order Filing 9 ORDER OF DISCONTINUANCE: By letter dated September 8, 2020, the parties informed the Court that they have reached a settlement in this action. 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 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 9/8/2020) (rro)
September 8, 2020 Filing 8 JOINT LETTER MOTION to Stay all deadlines and conferences addressed to Judge Katherine Polk Failla from Erik M. Bashian dated September 8, 2020. Document filed by Stacey Mercer..(Bashian, Erik)
September 1, 2020 Filing 7 CERTIFICATE OF SERVICE of Court's Order, dated August 28, 2020 served on North Fork Mountain Inn, L.L.C. on September 1, 2020. Service was made by Mail. Document filed by Stacey Mercer..(Bashian, Erik)
August 28, 2020 Filing 6 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/27/2020 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 8/28/2020) (rro)
August 20, 2020 Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint. North Fork Mountain Inn, L.L.C. served on 8/18/2020, answer due 9/8/2020. Service was accepted by Davis Muguimi, Authorized Agent. Document filed by Stacey Mercer..(Bashian, Erik)
August 10, 2020 Filing 4 ELECTRONIC SUMMONS ISSUED as to North Fork Mountain Inn, L.L.C...(jgo)
August 10, 2020 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 #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
August 10, 2020 Magistrate Judge Katharine H. Parker 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
August 10, 2020 Case Designated ECF. (jgo)
August 7, 2020 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to North Fork Mountain Inn, L.L.C., re: #1 Complaint. Document filed by Stacey Mercer..(Bashian, Erik)
August 7, 2020 Filing 2 CIVIL COVER SHEET filed..(Bashian, Erik)
August 7, 2020 Filing 1 COMPLAINT against North Fork Mountain Inn, L.L.C.. (Filing Fee $ 400.00, Receipt Number ANYSDC-21049603)Document filed by Stacey Mercer..(Bashian, Erik)

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Plaintiff: Stacey Mercer
Represented By: Erik Mathew Bashian
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Defendant: North Fork Mountain Inn, L.L.C. a West Virginia limited liability company doing business as North Fork Mountain Inn
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