Contreras v. Pure Seasons, Inc.
Plaintiff: Yensy Contreras
Defendant: Pure Seasons, Inc.
Case Number: 1:2022cv00130
Filed: January 6, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Mary Kay Vyskocil
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12101 The Americans with Disabilities Act of 1990
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 26, 2022 Opinion or Order Filing 18 ORDER: Accordingly, IT IS HEREBY ORDERED that the Plaintiff shall serve the summons and complaint on the Defendant and file proof of service of the same on or before June 10, 2022. If service has not been made by that date, and if plaintiff fails to show cause, in writing, why service has not been made, the complaint will be dismissed for failure to prosecute pursuant to Rules 4 and 41 of the Federal Rules of Civil Procedure. ( Service due by 6/10/2022.) (Signed by Judge Mary Kay Vyskocil on 5/26/2022) (rro)
April 20, 2022 Filing 17 CERTIFICATE OF SERVICE of the Court's April 20, 2022 Order, Docket No. 16 served on Pure Seasons, Inc. on April 20, 2022. Service was made by Mail and Electronic Mail. Document filed by Yensy Contreras..(Kroub, Edward)
April 20, 2022 Opinion or Order Filing 16 ORDER: Accordingly, Plaintiff is directed to serve the Defendant and file proof of service on the docket on or before May 20, 2022. Defendant is again reminded that corporations may not appear without counsel. See Lattanzio v. COMTA, 481 F.3d 137, 139 (2d Cir. 2007). Defendant is warned that failure to retain counsel in this action, once properly served, may be grounds for the entering of a default judgment for failure to defend pursuant to Federal Rule of Civil Procedure 55(a). See Leviton Mfg. Co. v. Fastmac Performance Upgrades, Inc., 2013 U.S. Dist. LEXIS 203862, at *4 (S.D.N.Y. Aug. 20, 2013). Once Plaintiff has served the Defendant and filed proof of service on the docket, the Court will refer this matter by separate order to the assigned Magistrate Judge for settlement purposes. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 4/20/2022) (tg)
April 20, 2022 Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Telephone Conference held on 4/20/2022. (Court Reporter Andrew Walker) (rz)
April 19, 2022 Filing 15 LETTER addressed to Judge Mary Kay Vyskocil from Kit Dang, re: I am writing this email to update you on the status of your last Court order(Doc. 11 filed 2/24/22) and our website technology progression etc. As much of our effort has been placed in finding counsel, Kelvin and I will have to dial into the conference tomorrow without one. If a judgment must be made due to a lack of counsel, I hope that the fees/cost will take into consideration our business situation. Document filed by Kit Dang o/b/o Pure Seasons,Inc. (sc)
April 5, 2022 Opinion or Order Filing 14 ORDER: The Parties are directed to appear for a conference in this matter on April 20, 2022 at 10:00am. The conference will be held telephonically. To join the conference, dial 888-278-0296 and enter access code 5195844. SO ORDERED. ( Telephone Conference set for 4/20/2022 at 10:00 AM before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 4/5/2022) (tg)
March 7, 2022 Filing 13 LETTER addressed to Judge Mary Kay Vyskocil from Kiet Dang o/b/o Pure Seasons, Inc. dated 3/7/22 re: I write in opposition to Plaintiff Yensy Contreras' filed Affidavit of Service of Summons & Complaint, as they were not properly served. See #5 of Docket No.13. I wanted to attest that the person who served papers(John Duong) did not personally leave me or in my presence the Summons & Complaint as claimed in the Affidavit etc. For the reasons set forth above(as indicated), I request that the Court strike the plaintiff's Affidavit of Service of Summons & Complaint from the docket and dismiss the case etc. Document filed by Kiet Dang. (Attachments: #1 Exhibit)(sc)
March 6, 2022 Filing 12 SUMMONS RETURNED EXECUTED Summons and Complaint served. Pure Seasons, Inc. served on 1/19/2022, answer due 2/9/2022. Service was accepted by Kiet Dang, Manager. Document filed by Yensy Contreras..(Kroub, Edward)
February 24, 2022 Opinion or Order Filing 11 ORDER ON LETTER MOTION terminating #5 Motion to Dismiss. IT IS HEREBY ORDERED that Plaintiff shall file an affidavit of service of summons and complaint on the docket on or before March 1, 2022. The Court intends to extend Defendant's time to respond so that counsel may be retained, if Defendant is properly served and chooses to do so. Defendant is warned that failure to retain counsel in this action may be grounds for the entering of a default judgment for failure to defend pursuant to Federal Rule of Civil Procedure 55(a). See Leviton Mfg. Co. v. Fastmac Performance Upgrades, Inc., 2013 U.S. Dist. LEXIS 203862, at *4 (S.D.N.Y. Aug. 20, 2013). The Clerk of the Court respectfully is requested to terminate the letter motion at ECF No. 5. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 2/24/2022) (tg)
February 24, 2022 Set/Reset Deadlines: Service due by 3/1/2022. (tg)
February 14, 2022 Filing 10 LETTER addressed to Judge Mary Kay Vyskocil from Kit Dang, dated 2/14/22 re: I would like to put together a white paper on why W3C WCAG is the standard to test website accessibility compliance for this case and future cases etc. The evidence highlighted above show majority of Public and Private Entities have committed their web accessibility policy using WCAG as the golden standard etc. Document filed by Pure Seasons, Inc.(sc)
February 12, 2022 Filing 9 (ADDITIONAL)DECLARATION of Kit Dang in Support of re: #5 MOTION to Dismiss. Document filed by Pure Seasons, Inc. (Attachments: #1 Exhibit)(sc)
February 11, 2022 Filing 8 NOTICE OF APPEARANCE by William Downes on behalf of Yensy Contreras..(Downes, William)
February 11, 2022 Filing 7 NOTICE OF APPEARANCE by Jarrett Scott Charo on behalf of Yensy Contreras..(Charo, Jarrett)
February 10, 2022 Filing 6 LETTER addressed to Judge Mary Kay Vyskocil from Edward Y. Kroub dated 2/10/2022 re: Response to Notice of Motion to Dismiss. Document filed by Yensy Contreras..(Kroub, Edward)
February 9, 2022 Filing 5 NOTICE OF MOTION TO DISMISS. Document filed by Pure Seasons, Inc. (Attachments: #1 Exhibit)(sc)
January 7, 2022 Filing 4 ELECTRONIC SUMMONS ISSUED as to Pure Seasons, Inc...(pc)
January 7, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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)
January 7, 2022 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. (pc)
January 7, 2022 Case Designated ECF. (pc)
January 6, 2022 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Pure Seasons, Inc., re: #1 Complaint. Document filed by Yensy Contreras..(Kroub, Edward)
January 6, 2022 Filing 2 CIVIL COVER SHEET filed..(Kroub, Edward)
January 6, 2022 Filing 1 COMPLAINT against Pure Seasons, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25551078)Document filed by Yensy Contreras..(Kroub, Edward)

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Plaintiff: Yensy Contreras
Represented By: Edward Y. Kroub
Represented By: Jarrett Scott Charo
Represented By: William Downes
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Defendant: Pure Seasons, Inc.
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