Paguada v. My Daily Choice, Inc.
| Dilenia Paguada |
| My Daily Choice, Inc. |
| 1:2020cv07391 |
| September 10, 2020 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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Filing 11
ORDER OF DISMISSAL: The Court has been informed that the parties have reached a settlement in principle in this case. Accordingly, it is ORDERED that this action is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. Any application to reopen must be filed by the aforementioned deadline, and any application to reopen filed thereafter may be denied solely on that basis. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per 3.G of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are canceled. The Clerk of Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge John P. Cronan on 10/27/2020) (ama)
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| Filing 9 NOTICE of Settlement . Document filed by Dilenia Paguada..(Khaimov, Mars) |
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Filing 8
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment, except that the Initial Pretrial Conference (IPTC) scheduled for December 22, 2020 at 4:30 p.m. is adjourned to January 6, 2021 at 11:00 a.m. The IPTC will be held in Courtroom 20C of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. It is further ORDERED that the parties shall submit a joint letter of no more than five pages by December 18, 2020 addressing the following in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s); (2) any contemplated motions; (3) the basis for subject matter jurisdiction; (4) the status of the parties' mediation efforts, including the mediation conference; and (5) the prospect for settlement. By that date, unless the parties have reached a settlement or settlement in principle, the parties shall also submit to the Court a proposed case management plan and scheduling order, a template of which is available at https://www.nysd.uscourts.gov/hon-john-p-cronan. In accordance with the Court's Individual Rules and Practices for Civil Cases, requests for extensions or adjournment may be made only by letter-motion filed on ECF and must be received at least 48 hours (i.e., two business days) before the deadline or scheduled appearance, absent compelling circumstances. The written submission must state (1) the original date(s) set for the appearance or deadline(s) and the new date(s) requested; (2) the reason(s) for the request; (3) the number of previous requests for adjournment or extension; (4) whether these previous requests were granted or denied; and (5) whether opposing counsel consents, and, if not, the reasons given by opposing counsel for refusing to consent. (Initial Conference set for 1/6/2021 at 11:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 10/13/2020) (nb)
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| Filing 7 SUMMONS RETURNED EXECUTED. My Daily Choice, Inc. served on 10/7/2020, answer due 10/28/2020. Service was accepted by Daniele Naki, Service of Process Agent. Document filed by Dilenia Paguada..(Khaimov, Mars) |
| NOTICE OF CASE REASSIGNMENT to Judge John Peter Cronan. Judge Gregory H. Woods is no longer assigned to the case. (aea) |
| Filing 6 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/22/2020 at 04:30 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (Signed by Judge Gregory H. Woods on 9/12/2020) (mro) |
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Filing 5
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 22, 2020 at 4:30 p.m. by separate Order to be entered today. 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 9/24/2020. (Signed by Judge Gregory H. Woods on 9/12/2020) (mro)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to My Daily Choice, Inc...(pc) |
| 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 #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..(pc) |
| Magistrate Judge James L. Cott 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to My Daily Choice, Inc., re: #1 Complaint. Document filed by Dilenia Paguada..(Khaimov, Mars) |
| Filing 2 CIVIL COVER SHEET filed..(Khaimov, Mars) |
| Filing 1 COMPLAINT against My Daily Choice, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-21590344)Document filed by Dilenia Paguada..(Khaimov, Mars) |
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| Defendant: My Daily Choice, Inc. | |
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| Plaintiff: Dilenia Paguada | |
| Represented By: | Mars Khaimov |
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