Paguada v. Theo Chocolate, Inc.
| Dilenia Paguada |
| Theo Chocolate, Inc. |
| 1:2020cv09257 |
| November 4, 2020 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Debra C Freeman |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 21
ORDER: The Court having been advised by the parties that all claims asserted herein have been settled in principle, Dkt. 20 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 thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty 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 thirty-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 Courts 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 3/23/2021) (jca)
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| Filing 20 NOTICE of Settlement . Document filed by Dilenia Paguada..(Khaimov, Mars) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Initial Pretrial Conference held via telephone on 3/23/2021, Plaintiff did not appear. Joint Status Report shall be filed no later than 3/30/2021, if the docket does not already indicate this case is settled. (aba) |
| Filing 19 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Dilenia Paguada..(Khaimov, Mars) |
| Filing 18 NOTICE of withdrawal of attorney Jay Blumenkopf. Document filed by Theo Chocolate, Inc...(Blackwell, Lindsey) |
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Filing 17
ORDER granting #15 Letter Motion for Extension of Time. Defendant may have until 3/9/21 to move, answer, or otherwise respond to the Complaint, and the parties may have until that same date to submit a jointly proposed discovery plan. The initial pretrial conference is adjourned to 3/23/21 at 10:00 a.m. Although, if helpful to their settlement discussions, the parties may continue to stipulate to extensions of Defendant's time to respond to the Complaint, the parties should be aware that this Court does not expect to grant any further adjournments of the initial pretrial conference. Accordingly, if the matter has not been resolved by 3/23/21, the parties should be prepared to address the status of their settlement discussions at the conference now scheduled for that date. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 16 NOTICE OF APPEARANCE by Christopher Aaron Seacord on behalf of Theo Chocolate, Inc...(Seacord, Christopher) |
| Filing 15 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint , for Extension of Time to File Jointly Proposed Discovery Plan, and for Adjournment of Initial Pretrial Conference addressed to Magistrate Judge Debra C. Freeman from Lindsey Blackwell dated February 16, 2021. Document filed by Theo Chocolate, Inc...(Blackwell, Lindsey) |
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Filing 14
ORDER granting nunc pro tunc to 1/15/21 #13 Letter Motion for Extension of Time. Defendant may have until 2/15/21 to move, answer, or otherwise respond to the Complaint, and the parties may have until that same date to submit a jointly proposed discovery plan. The initial pretrial conference is adjourned to 2/17/21 at 10:00 a.m. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 13 CONSENT LETTER MOTION for Extension of Time to File Response to Complaint and Proposed Scheduling Order and for Adjournment of Initial Conference addressed to Magistrate Judge Debra C. Freeman from Lindsey Blackwell dated January 15, 2021. Document filed by Theo Chocolate, Inc...(Blackwell, Lindsey) |
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Filing 12
SCHEDULING ORDER: The Court will hold a telephonic initial pretrial conference in the above-captioned case on January 22, 2021 at 10:00 a.m. The parties are directed to call the following Toll-Free Number: 877-411-9748 and use Access Code: 9612281. (And as further set forth herein.) SO ORDERED. Initial Conference set for 1/22/2021 at 10:00 AM before Magistrate Judge Debra C. Freeman. (Signed by Magistrate Judge Debra C. Freeman on 12/16/2020) Copies Sent By Chambers. (jca)
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| Filing 11 NOTICE OF APPEARANCE by Lindsey Blackwell on behalf of Theo Chocolate, Inc...(Blackwell, Lindsey) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Lindsey Blackwell to RE-FILE Document #8 Notice of Appearance. (lb) |
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time to File Response/Reply. Defendant may have until 1/15/2021 to move, answer, or otherwise respond to the Complaint. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 9 LETTER MOTION for Extension of Time to File Response/Reply as to #1 Complaint addressed to Magistrate Judge Debra C. Freeman from Lindsey Blackwell dated 12/14/2020. Document filed by Theo Chocolate, Inc...(Blackwell, Lindsey) |
| Filing 8 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - NOTICE OF APPEARANCE by Lindsey Blackwell on behalf of Theo Chocolate, Inc...(Blackwell, Lindsey) Modified on 12/15/2020 (lb). |
| Filing 7 NOTICE OF APPEARANCE by Jay S Blumenkopf on behalf of Theo Chocolate, Inc...(Blumenkopf, Jay) |
| Filing 6 SUMMONS RETURNED EXECUTED. Theo Chocolate, Inc. served on 11/24/2020, answer due 12/15/2020. Service was accepted by Randall Olsen, Agent. Document filed by Dilenia Paguada..(Khaimov, Mars) |
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Filing 5
ORDER OF REFERENCE TO A 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 Debra C. Freeman. 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). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/5/2020) (ks)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Theo Chocolate, Inc...(pc) |
| 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..(pc) |
| 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: #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 Theo Chocolate, Inc., re: #1 Complaint. Document filed by Dilenia Paguada..(Khaimov, Mars) |
| Filing 2 CIVIL COVER SHEET filed..(Khaimov, Mars) |
| Filing 1 COMPLAINT against Theo Chocolate, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-22442009)Document filed by Dilenia Paguada..(Khaimov, Mars) |
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| Defendant: Theo Chocolate, Inc. | |
| Represented By: | Lindsey Blackwell |
| Represented By: | Jay S Blumenkopf |
| Represented By: | Christopher Aaron Seacord |
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| Plaintiff: Dilenia Paguada | |
| Represented By: | Mars Khaimov |
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