Jaquez v. Lora DiCarlo
| Ramon Jaquez |
| Lora DiCarlo |
| 1:2021cv02825 |
| April 2, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 10, 2021. A more recent docket listing may be available from PACER.
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Filing 10
ORDER OF DISMISSAL... It is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within sixty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. 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 Paragraph 4(B) 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 Court's previous order scheduling default judgment proceedings, ECF No. 8, is hereby VACATED, although the Clerk of Court need not remove the Order from the docket. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/10/21) (yv)
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| Filing 9 NOTICE of Settlement and request for 60 days to file dismissal documents. Document filed by Ramon Jaquez..(Zelman, Yitzchak) |
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Filing 8
Vacated as per Judges Order dated 05/10/2021, Doc. # 10 ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING. It is hereby ORDERED that any motion for default judgment shall be filed, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), no later than May 14, 2021. Defendant shall file any opposition to the motion for default judgment no later than May 21, 2021. Assuming Defendant is a limited liability company, it is cautioned that a limited liability company may appear in federal court only through licensed counsel, see Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007), and where a limited liability company "repeatedly fails to appear by counsel, a default judgment may be entered against it," Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (internal quotation marks omitted). If a motion for default judgment is filed, it is further ORDERED that Defendant appear and show cause before this Court, Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, on June 2, 2021, at 4:45 p.m., why an order should not be issued granting a default judgment against Defendant, and as further specified and set forth in this ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING. So ordered. (Show Cause Hearing set for 6/2/2021 at 04:45 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Motions due by 5/14/2021. Responses due by 5/21/2021) (Signed by Judge Jesse M. Furman on 4/30/2021) (rjm) Modified on 5/10/2021 (yv).
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| Filing 7 SUMMONS RETURNED EXECUTED. Lora DiCarlo served on 4/6/2021, answer due 4/27/2021. Service was accepted by Doug DiCarlo, co occupant of Lora DiCarlo. Document filed by Ramon Jaquez..(Zelman, Yitzchak) |
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Filing 6
ORDER: Plaintiff alleges that Defendant's website is not accessible to blind and visually impaired customers and, thus, violates Title III of the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12181 et seq. In the Court's experience, the vast majority of cases involving such claims are resolved early often without even an initial pretrial conference. Accordingly, no later than the earlier of 100 days from the date of this Order or two weeks after Defendant appears in the case, the parties shall file a joint letter (unless Defendant has not appeared, in which case Plaintiff shall file the letter individually), not to exceed two pages, including the following information in separately numbered paragraphs: as set forth herein. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appearedby serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/06/2021) (ama)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Lora DiCarlo..(pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Robert W. Lehrburger 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Lora DiCarlo, re: #3 Complaint. Document filed by Ramon Jaquez..(Zelman, Yitzchak) |
| Filing 3 COMPLAINT against Lora DiCarlo. Document filed by Ramon Jaquez..(Zelman, Yitzchak) |
| Filing 2 CIVIL COVER SHEET filed..(Zelman, Yitzchak) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Ramon Jaquez. (Filing Fee $ 402.00, Receipt Number ANYSDC-24343021)Document filed by Ramon Jaquez..(Zelman, Yitzchak) Modified on 4/5/2021 (pc). |
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| Plaintiff: Ramon Jaquez | |
| Represented By: | Yitzchak Zelman |
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| Defendant: Lora DiCarlo | |
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