Duncan v. Aeris Health Inc
| Eugene Duncan |
| AERIS HEALTH INC |
| 1:2022cv00132 |
| January 6, 2022 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Both |
Docket Report
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Filing 12
ORDER: It has been reported to the Court that the parties in this case have reached a settlement agreement. Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's docket if the application to restore the action is made within thirty (30) days. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/09/2022) (ama)
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| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 5/12/2022 at 02:00 PM in telephone or video conference.(ah) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 4/25/2022.(ah) |
| Filing 11 AFFIDAVIT OF SERVICE. Service was accepted by Sue Zouky, legal clerk. Document filed by Eugene Duncan..(Marks, Bradly) |
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Filing 10
ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program for settlement of all claims. 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 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 3/17/2022. (Signed by Judge Vernon S. Broderick on 3/7/2022) (ks)
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Filing 9
CASE MANAGEMENT PLAN AND SCHDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including Motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Depositions due by 6/8/2022. Expert Deposition due by 8/22/2022. Fact Discovery due by 7/8/2022. Expert Discovery, including depositions due by 8/22/2022. Discovery due by 8/22/2022. Status Conference set for 8/29/2022 at 03:30 PM before Judge Vernon S. Broderick. The parties have conferred and their present best estimate of the length of trial is 2-3 days. SO ORDERED (Signed by Judge Vernon S. Broderick on 3/7/2022) (ks)
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| Filing 8 PROPOSED CASE MANAGEMENT PLAN. Document filed by Eugene Duncan. (Attachments: #1 Joint Statement).(Rodriguez, Alicia) |
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Filing 7
ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that, in light of the public health crisis, the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by March 2, 2022, the parties submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs: as further set forth herein. (Signed by Judge Vernon S. Broderick on 2/16/2022) (kv)
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| Filing 6 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Aeris Health Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Kirby, Sean) |
| Filing 5 AFFIDAVIT OF SERVICE. Aeris Health Inc served on 1/25/2022, answer due 2/15/2022. Service was accepted by Sue Zouky, legal clerk. Document filed by Eugene Duncan..(Marks, Bradly) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Aeris Health Inc..(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Bradly Gurion Marks. The party information for the following party/parties has been modified: Eugene Duncan, AERIS HEALTH INC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was entered in all caps. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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) |
| Magistrate Judge Gabriel W. Gorenstein 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 Designated ECF. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to AERIS HEALTH INC, re: #1 Complaint. Document filed by Eugene Duncan..(Marks, Bradly) |
| Filing 2 CIVIL COVER SHEET filed..(Marks, Bradly) |
| Filing 1 COMPLAINT against AERIS HEALTH INC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25551424)Document filed by Eugene Duncan..(Marks, Bradly) |
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| Plaintiff: Eugene Duncan | |
| Represented By: | Bradly Gurion Marks |
| Represented By: | Bradly G. Marks |
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| Defendant: AERIS HEALTH INC | |
| Represented By: | Sean Joseph Kirby |
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