Doncouse v. Marine Layer, Inc. et al
| GRACIELA DONCOUSE |
| Marine Layer, Inc. and Grove TR, LLC |
| 1:2021cv05664 |
| June 30, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Fed. Question |
| Defendant |
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Filing 21
ORDER OF DISMISSAL: The Court having been advised at ECF No. 20 that all claims asserted herein have been settled in principle, 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 Clerk of Court is directed to close the case. So Ordered (Signed by Judge Jesse M. Furman on 11/18/2021) (js)
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| Filing 20 NOTICE of Settlement . Document filed by Graciela Doncouse..(Rodriguez, Alicia) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 11/22/2021.(ah) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 11/18/2021 at 01:00 PM in telephone or video conference.(ah) |
| Filing 19 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Grove TR, LLC, Marine Layer, Inc...(Chong, Michael) |
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Filing 18
ORDER: granting #17 Letter Motion to Adjourn Conference; granting #17 Letter Motion for Extension of Time. Application GRANTED. The conference currently scheduled for October 13, 2021, is hereby ADJOURNED to December 3, 2021, at 4:00 p.m. Pursuant to the Court's July 2, 2021 Order, the parties shall schedule a mediation to take place no later than two weeks before the conference (i.e., November 19, 2021, assuming no further modifications to the schedule). The Clerk of Court is directed to terminate ECF No. 17. SO ORDERED.( Initial Conference set for 12/3/2021 at 04:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 9/23/2021) (ama)
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| Filing 17 JOINT LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Michael K. Chong, Esq. dated 9/20/21., JOINT LETTER MOTION for Extension of Time to complete Mediation addressed to Judge Jesse M. Furman from Michael K. Chong, Esq. dated 9/20/21. Document filed by Grove TR, LLC, Marine Layer, Inc...(Chong, Michael) |
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Filing 15
STIPULATION AND ORDER EXTENDING TIME TO ANSWER, Application GRANTED nunc pro tunc. Defendants shall answer, move, or otherwise respond to the Complaint by no later than September 27, 2021. In light of the forgoing, the parties shall follow the pre-conference procedures specified in the Court's Order of July 2, 2021, including by submitting a joint letter addressing certain topics and a proposed case management plan no later than the Thursday prior to the conference and by participating in an early mediation session at least two weeks prior to the conference. See ECF No. 6. So Ordered. (All Defendants.), Motions terminated: #14 MOTION for Extension of Time to File Answer . filed by Grove TR, LLC, Marine Layer, Inc. (Signed by Judge Jesse M. Furman on 8/27/21) (yv)
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| Filing 14 MOTION for Extension of Time to File Answer . Document filed by Grove TR, LLC, Marine Layer, Inc...(Chong, Michael) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Marine Layer, Inc...(Chong, Michael) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Grove TR, LLC..(Chong, Michael) |
| Filing 11 NOTICE OF APPEARANCE by Michael K. Chong on behalf of Grove TR, LLC, Marine Layer, Inc...(Chong, Michael) |
| Filing 10 AFFIDAVIT OF SERVICE of Order to Show Cause served on Marine Layer, Inc. and Grove Tr, LLC on August 25, 2021. Service was made by Mail. Document filed by Graciela Doncouse..(Rodriguez, Alicia) |
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Filing 9
ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING: On June 30, 2021, Plaintiff filed her Complaint with the Court. See ECF No. 1. Defendants were served with the Complaint on July 27, 2021, and proof of service was filed with the Court. See ECF Nos. 7, 8. To date, Defendants have neither answered the Complaint, nor otherwise appeared in this action. In light of the foregoing, 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 September 7, 2021. Defendants shall file any opposition to the motion for default judgment no later than September 14, 2021. If a motion for default judgment is filed, it is further ORDERED that Defendants appear and show cause before this Court, Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, on October 13, 2021, at 4:00 p.m., why an order should not be issued granting a default judgment against Defendants. Prior to that date, Plaintiff must file the proposed default judgment order electronically, using the ECF Filing Event "Proposed Default Judgment," for the Clerk's approval. It is further ORDERED that Plaintiff serve Defendants via overnight courier (1) with a copy of this Order within one business day of the date of this Order; and (2) with a copy of the motion for default judgment and all supporting papers within one business day of the date of any such motion. In each case, within two business days of service, Plaintiff must file proof of such service on the docket. ( Motions due by 9/7/2021., Responses due by 9/14/2021. Show Cause Hearing set for 10/13/2021 at 04:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 8/24/2021) (rro)
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| Filing 8 AFFIDAVIT OF SERVICE. Marine Layer, Inc. served on 7/27/2021, answer due 8/17/2021. Service was accepted by Sue Zouky, legal clerk. Document filed by Graciela Doncouse..(Marks, Bradly) |
| Filing 7 AFFIDAVIT OF SERVICE. Grove TR, LLC served on 7/27/2021, answer due 8/17/2021. Service was accepted by Sue Zouky, legal clerk. Document filed by Graciela Doncouse..(Marks, Bradly) |
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Filing 6
ORDER REGARDING EARLY MEDIATION AND THE INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties shall appear for an initial pretrial conference with the Court on October 13, 2021, at 4:00 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://nysd.uscourts.gov/rules/ecf-related-instructions. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. 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. Additionally, in accordance with Paragraph 2.B of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. 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 appeared by 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 Courts Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 10/13/2021 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/1/21) (yv)
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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 (by separate Order to be entered today) for October 13, 2021. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. 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 7/12/2021.) (Signed by Judge Jesse M. Furman on 7/1/21) (yv)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Grove TR, LLC, Marine Layer, Inc.. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bradly Gurion Marks. The following case opening statistical information was erroneously selected/entered: Jury Demand code p (Plaintiff); County code Albany. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to n (None); the County code has been modified to New York. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Bradly Gurion Marks. The party information for the following party/parties has been modified: GRACIELA DONCOUSE. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf) |
| 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..(vf) |
| Case Designated ECF. (vf) |
| 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. (vf) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to MARINE LAYER, INC. AND GROVE TR, LLC, re: #1 Complaint. Document filed by Graciela Doncouse .(Marks, Bradly) |
| Filing 2 CIVIL COVER SHEET filed..(Marks, Bradly) |
| Filing 1 COMPLAINT against Grove TR, LLC, Marine Layer, Inc. (Filing Fee $ 402.00, Receipt Number ANYSDC-24738526)Document filed by Graciela Doncouse (Marks, Bradly) |
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