Calcano v. New York Puzzle Company LLC
| Evelina Calcano |
| New York Puzzle Company LLC |
| 1:2021cv09281 |
| November 9, 2021 |
| US District Court for the Southern District of New York |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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Filing 13
CONSENT DECREE: This Consent Decree is entered into as of the Effective Date, as defined below inParagraph 10, by and between Plaintiff Evelina Calcano ("Plaintiff") and Defendant New York Puzzle Company LLC ("Defendant"). Plaintiff and Defendant are collectively referred to as the "Parties" for the purposes and on the terms specified herein. This Consent Decree resolves, settles, and compromises all issues between the Parties in the Action. Plaintiff and Defendant agree that it is in the Parties' best interest to resolve the Action on mutually agreeable terms without further litigation. Accordingly, the Parties agree to the entry of this Consent Decree without trial or further adjudication of any issues of fact or law raised in Plaintiff's Complaint. In resolution of this Action, the Parties hereby AGREE to the following: "Effective Date" means the date on which this Consent Decree is entered on the Courts Docket Sheet following approval by the Court. Reasonable Efforts means, with respect to a given goal or obligation, the efforts that a reasonable person or entity in Defendant's position would use to achieve that goal or obligation. Any disagreement by the Parties as to whether Defendant has used Reasonable Efforts as provided for under this Consent Decree shall be subject to the dispute resolution procedures set forth in paragraphs 16 through 19 of this Consent Decree. The term of this Consent Decree shall commence as of the Effective Date and remain in effect for the earlier of: (1) 24 months from the Effective Date; or (b) the date, if any, that Congress, the Department of Justice, or the United States Supreme Court issue a ruling or final regulations (as applicable) adopting a legal standard for website accessibility that is different from the Web Content Accessibility Guidelines (the "WCAG") 2.0. No modification of this Consent Decree shall be effective unless in writing and signed by authorized representatives of all Parties. This Consent Decree has been carefully read by each of the Parties, and its contents are known and understood by each of the Parties. This Consent Decree is signed freely by each party executing it. The Parties each had an opportunity to consult with their counsel prior to executing the Consent Decree. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 1/7/2022) (jca)
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| Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by New York Puzzle Company LLC..(Doroghazi, John) |
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Filing 11
ORDER OF DISMISSAL: The Court has been informed that the parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is DISMISSED without costs and with prejudice, but the parties retain the right to restore the action to the Courts calendar, provided the application to restore the action is made within forty-five days of this Order in the event the settlement agreement is not completed and executed. Any such application filed after forty-five days from the date of this Order may be denied solely on that basis. 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. Pursuant to 3.F 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 respectfully directed to close the case. SO ORDERED. (Signed by Judge John P. Cronan on 12/20/2021) (jca)
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| Filing 10 NOTICE of Settlement With Prejudice. Document filed by Evelina Calcano..(LaBollita, Michael) |
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time. This request is granted. Defendant shall answer, or otherwise respond to, the Complaint by January 6, 2022. SO ORDERED. (Signed by Judge John P. Cronan on 12/2/2021) (vfr)
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| Set/Reset Deadlines: New York Puzzle Company LLC answer due 1/6/2022. (vfr) |
| Filing 8 CONSENT LETTER MOTION for Extension of Time to Plead addressed to Judge John P. Cronan from John M. Doroghazi dated December 1, 2021. Document filed by New York Puzzle Company LLC..(Doroghazi, John) |
| Filing 7 NOTICE OF APPEARANCE by John Matthew Doroghazi on behalf of New York Puzzle Company LLC..(Doroghazi, John) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. New York Puzzle Company LLC served on 11/15/2021, answer due 12/6/2021. Service was accepted by Nancy Dougherty, NYS SOS, Agent. Document filed by Evelina Calcano..(Gottlieb, Jeffrey) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to New York Puzzle Company LLC. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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) |
| Magistrate Judge Katharine H. Parker 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) |
| Case Designated ECF. (vf) |
| Filing 4 NOTICE OF APPEARANCE by Jeffrey Michael Gottlieb on behalf of Evelina Calcano..(Gottlieb, Jeffrey) |
| Filing 3 CIVIL COVER SHEET filed..(LaBollita, Michael) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to New York Puzzle Company LLC, re: #1 Complaint. Document filed by Evelina Calcano..(LaBollita, Michael) |
| Filing 1 COMPLAINT against New York Puzzle Company LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25313352)Document filed by Evelina Calcano..(LaBollita, Michael) |
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| Plaintiff: Evelina Calcano | |
| Represented By: | Jeffrey Michael Gottlieb |
| Represented By: | Michael A. LaBollita |
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| Defendant: New York Puzzle Company LLC | |
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