Paguada v. Bedgear, LLC
| Josue Paguada |
| Bedgear, LLC |
| 1:2020cv07403 |
| September 10, 2020 |
| US District Court for the Southern District of New York |
| Sarah L Cave |
| Paul A Engelmayer |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 8, 2021. A more recent docket listing may be available from PACER.
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| Filing 17 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE: PLEASE TAKE NOTICE, that the above-entitled action against all Defendants shall be and hereby is dismissed pursuant to F.R.C.P. Rule 41(a)(1)(A)(i) with prejudice; without costs, or disbursements, or attorneys' fees to any party. (Bedgear, LLC terminated.) (Signed by Judge Paul A. Engelmayer on 1/8/2021) (jwh) |
| Filing 16 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 and without costs against the defendant(s) Bedgear, LLC. Document filed by Josue Paguada. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Khaimov, Mars) |
Filing 15
ORDER: The Court having been advised by the parties that all claims asserted herein have been settled in principle, Dkt. 14, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within 30 days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within 30 days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, 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 within the same 30-day period to be "so ordered" by the Court. Per Paragraph 4(C) of the Courts 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 proposed order approving the settlement agreement that seeks the Court's continued jurisdiction should either (1) expressly state that the Court retains jurisdiction to enforce the agreement or (2) incorporate the terms of the settlement agreement in the order. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/23/2020) (jca)
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| Filing 14 NOTICE of Settlement . Document filed by Josue Paguada..(Khaimov, Mars) |
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Filing 13
ORDER TO SHOW CAUSE: Accordingly, Plaintiff is hereby ordered to show cause why this case should not be dismissed under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. Such showing shall be made by affidavit or declaration filed on or before Wednesday, January 6, 2021. Plaintiff is warned that failure to comply with this Order may in itself result in dismissal of this action. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/23/2020) (jca)
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Filing 12
ORDER granting #10 Letter Motion for Extension of Time. Plaintiff's Letter-Motion requesting a 30-day extension to file a Motion for Default Judgment (ECF No. 10) is GRANTED, and Plaintiff's deadline is extended to Friday, December 18, 2020. The Clerk of Court is respectfully directed to close ECF No. 10. SO-ORDERED ( Motions due by 12/18/2020.) (Signed by Magistrate Judge Sarah L Cave on 11/19/20) (yv)
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| Filing 11 CLERK'S CERTIFICATE OF DEFAULT as to Bedgear, LLC.(km) |
| Filing 10 LETTER MOTION for Extension of Time to File Default Judgment addressed to Magistrate Judge Sarah L. Cave from Mars Khaimov. Document filed by Josue Paguada..(Khaimov, Mars) |
| Filing 9 AFFIRMATION of Mars Khaimov in Support re: #8 Proposed Clerk's Certificate of Default. Document filed by Josue Paguada..(Khaimov, Mars) |
| Filing 8 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Josue Paguada..(Khaimov, Mars) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
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Filing 7
ORDER TO INITIATE DEFAULT PROCEEDINGS: The Complaint in this action was served on October 6, 2020, with Defendant Bedgear LLCs Answer due on October 27, 2020. (ECF No. 6). No Answer having been filed on the docket, Plaintiff is hereby ORDERED to request a Certificate of Default from the Clerk of Court and to file a Motion for Default Judgment in accordance with the Individual Practices of the Honorable Paul A. Engelmayer (3)(M), Rule 55 of the Federal Rules of Civil Procedure, and S.D.N.Y. Local Rule 55 by no later than Wednesday, November 18, 2020. SO ORDERED. (Motions due by 11/18/2020.) (Signed by Magistrate Judge Sarah L Cave on 11/4/2020) (jca)
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| Filing 6 SUMMONS RETURNED EXECUTED. Bedgear, LLC served on 10/6/2020, answer due 10/27/2020. Service was accepted by Corporation Service Company, Agent. Document filed by Josue Paguada..(Khaimov, Mars) |
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Filing 5
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah L Cave. The parties are hereby notified that this Court has written on a legal issue that appears central to this case: the applicability of the ADA to websites. See Del-Orden v. Bonobos, Inc., No. 17 Civ. 2744 (PAE), 2017 WL 6547902 (S.D.N.Y. Dec. 20, 2017). (Signed by Judge Paul A. Engelmayer on 9/11/2020) (jwh) (Main Document 5 replaced on 9/15/2020) (jwh).
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Bedgear, LLC..(pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(pne) |
| Magistrate Judge Sarah L. Cave 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. (pne) |
| Case Designated ECF. (pne) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Bedgear, LLC, re: #1 Complaint. Document filed by Josue Paguada..(Khaimov, Mars) |
| Filing 2 CIVIL COVER SHEET filed..(Khaimov, Mars) |
| Filing 1 COMPLAINT against Bedgear, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-21591678)Document filed by Josue Paguada..(Khaimov, Mars) |
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| Plaintiff: Josue Paguada | |
| Represented By: | Mars Khaimov |
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| Defendant: Bedgear, LLC | |
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