Paguada v. Theo Chocolate, Inc.
Plaintiff: Dilenia Paguada
Defendant: Theo Chocolate, Inc.
Case Number: 1:2020cv09257
Filed: November 4, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Paul A Engelmayer
Referring Judge: Debra C Freeman
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 23, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 23, 2021 Opinion or Order 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)
March 23, 2021 Filing 20 NOTICE of Settlement . Document filed by Dilenia Paguada..(Khaimov, Mars)
March 23, 2021 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)
March 16, 2021 Filing 19 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Dilenia Paguada..(Khaimov, Mars)
March 5, 2021 Filing 18 NOTICE of withdrawal of attorney Jay Blumenkopf. Document filed by Theo Chocolate, Inc...(Blackwell, Lindsey)
February 16, 2021 Opinion or Order 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)
February 16, 2021 Filing 16 NOTICE OF APPEARANCE by Christopher Aaron Seacord on behalf of Theo Chocolate, Inc...(Seacord, Christopher)
February 16, 2021 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)
January 19, 2021 Opinion or Order 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)
January 15, 2021 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)
December 16, 2020 Opinion or Order 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)
December 16, 2020 Filing 11 NOTICE OF APPEARANCE by Lindsey Blackwell on behalf of Theo Chocolate, Inc...(Blackwell, Lindsey)
December 15, 2020 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Lindsey Blackwell to RE-FILE Document #8 Notice of Appearance. (lb)
December 14, 2020 Opinion or Order 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)
December 14, 2020 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)
December 14, 2020 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).
December 14, 2020 Filing 7 NOTICE OF APPEARANCE by Jay S Blumenkopf on behalf of Theo Chocolate, Inc...(Blumenkopf, Jay)
December 7, 2020 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)
November 5, 2020 Opinion or Order 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)
November 5, 2020 Filing 4 ELECTRONIC SUMMONS ISSUED as to Theo Chocolate, Inc...(pc)
November 5, 2020 Case Designated ECF. (pc)
November 5, 2020 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)
November 5, 2020 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)
November 4, 2020 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Theo Chocolate, Inc., re: #1 Complaint. Document filed by Dilenia Paguada..(Khaimov, Mars)
November 4, 2020 Filing 2 CIVIL COVER SHEET filed..(Khaimov, Mars)
November 4, 2020 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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