Hedges v. Jovani Fashion Ltd.
| Donna Hedges |
| Jovani Fashion Ltd. |
| 1:2022cv00105 |
| January 5, 2022 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 11
NOTICE OF VOLUNTARY DISMISSAL. Plaintiff(s), DONNA HEDGES, in accordance with Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, hereby dismisses the above entitled action against Defendant, JOVANI FASHION LTD., with prejudice and without fees and costs. So Ordered., (Jovani Fashion Ltd. terminated.) (Signed by Judge Jesse M. Furman on 3/4/22) (yv)
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| Filing 10 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Jovani Fashion Ltd.. Document filed by Donna Hedges. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(LaBollita, Michael) |
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Filing 9
ORDER OF DISMISSAL: The Court having been advised at ECF No. 8 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. (Signed by Judge Jesse M. Furman on 2/14/2022) (ate)
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| Filing 8 NOTICE of Settlement With Prejudice. Document filed by Donna Hedges..(LaBollita, Michael) |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Jovani Fashion Ltd. served on 1/24/2022, answer due 2/14/2022. Service was accepted by Nancy Dougherty, NYS SOS, Agent. Document filed by Donna Hedges..(Gottlieb, Jeffrey) |
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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 further set forth herein. If any party believes that discovery is necessary or that an initial pretrial conference should be held, the parties shall, by the same date and in lieu of the aforementioned letter, file on ECF (1) a joint letter in accordance with Paragraph 2.B of the Court's Individual Rules and Practices and as described below; and (2) a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. After reviewing the parties' submissions, the Court will decide if an initial pretrial conference is necessary. ( As further set forth in this Order.) SO ORDERED. (Signed by Judge Jesse M. Furman on 1/6/2022) (vfr)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Jovani Fashion Ltd...(pc) |
| Case Designated ECF. (pc) |
| 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. (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 NOTICE OF APPEARANCE by Jeffrey Michael Gottlieb on behalf of Donna Hedges..(Gottlieb, Jeffrey) |
| Filing 3 CIVIL COVER SHEET filed..(LaBollita, Michael) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Jovani Fashion Ltd., re: #1 Complaint. Document filed by Donna Hedges..(LaBollita, Michael) |
| Filing 1 COMPLAINT against Jovani Fashion Ltd.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25546706)Document filed by Donna Hedges..(LaBollita, Michael) |
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| Plaintiff: Donna Hedges | |
| Represented By: | Jeffrey Michael Gottlieb |
| Represented By: | Michael A. LaBollita |
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| Defendant: Jovani Fashion Ltd. | |
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