Francis v. Lucky of 195 Madison Street Roofing & Contracting Inc. et al
| Ashley Francis |
| Lucky of 195 Madison Street Roofing & Contracting Inc. |
| Insomnia Cookies, LLC |
| 1:2022cv01054 |
| February 7, 2022 |
| US District Court for the Southern District of New York |
| Jennifer H Rearden |
| Analisa Torres |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 cv Fed. Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 30, 2023. A more recent docket listing may be available from PACER.
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Filing 44
ORDER OF DISMISSAL The Court, having been advised at ECF No. 43 that the parties have reached a settlement, hereby ORDERS 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 thirty 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 6.A 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 cancelled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 1/30/2023) (jca)
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| NOTICE OF CASE REASSIGNMENT to Judge Jennifer H. Rearden. Judge Analisa Torres is no longer assigned to the case. (nb) |
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Filing 42
ORDER: By January 27, 2023, the parties shall file a revised proposed case management plan. SO ORDERED. (Signed by Judge Analisa Torres on 1/20/2023) (vfr)
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| Filing 41 JOINT LETTER MOTION for Extension of Time (Adjournment of Fact Discovery Deadline and 3.7.2023 Conference), addressed to Judge Analisa Torres from Joseph J. DiPalma dated January 19, 2023. Document filed by Insomnia Cookies, LLC. (Attachments: #1 Text of Proposed Order A - Proposed Revised Civil Case Management Plan and Scheduling Order).(DiPalma, Joseph) |
| SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 1/25/2023 at 10:00 AM in telephone or video conference.(mnp) |
| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 11/17/2022. Mediation Status due by 12/19/2022. (mnp) |
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Filing 40
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). Plaintiff states that this case is not to be tried to a jury. Defendants do not agree that this case is to be tried to a jury. Depositions to be completed by February 10, 2023. No later than January 18, 2023 (thirty (30) days prior to the date in paragraph 5, i.e. the completion of all fact discovery), the parties shall meet and confer on a schedule for expert disclosures, including reports, production of underlying documents and depositions, provided that (i) expert report(s) of the party with the burden of proof shall be due before those of the opposing party's expert(s); and (ii) all expert discovery shall be completed by March 17, 2023 (the date set forth in paragraph 7(a)). Counsel for the parties have conferred and their present best estimate of the length of trial is: two to four days. Deposition due by 3/17/2023. Fact Discovery due by 2/17/2023. Expert Discovery due by 3/17/2023. Case Management Conference set for 3/7/2023 at 12:00 PM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 10/14/2022) (ate)
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| Filing 39 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Analisa Torres from Joseph J. DiPalma dated 10/13/2022. Document filed by Insomnia Cookies, LLC. (Attachments: #1 Exhibit A - Proposed Revised Civil Case Management Plan and Scheduling Order).(DiPalma, Joseph) |
| MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 10/11/2022 will not be held. Mediation Status due by 10/20/2022.(mnp) |
| SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 11/17/2022 at 10:00 AM in telephone or video conference.(mnp) |
| Filing 38 ANSWER to #32 Crossclaim. Document filed by Lucky of 195 Madison Street Roofing & Contracting Inc...(Novikoff, Kenneth) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 10/11/2022 at 10:00 AM in telephone or video conference.(mnp) |
| Filing 37 NOTICE OF APPEARANCE by Alexander Deutsch on behalf of Insomnia Cookies, LLC..(Deutsch, Alexander) |
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Filing 36
ORDER granting in part, denying in part #35 Letter Motion for Extension of Time to Complete Discovery. GRANTED in part and DENIED in part. By October 24, 2022, the parties shall complete fact discovery. Should the parties require more time, they may request a further extension. The case management conference scheduled for October 12, 2022, is ADJOURNED to November 16, 2022, at 10:40 a.m. (Signed by Judge Analisa Torres on 7/25/2022) (tro) Modified on 7/25/2022 (tro).
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| Set/Reset Deadlines: ( Fact Discovery due by 10/24/2022.), Set/Reset Hearings:( Case Management Conference set for 11/16/2022 at 10:40 AM before Judge Analisa Torres.) (tro) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 8/24/2022.(jpt) |
| Filing 35 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Analisa Torres from Joseph J. DiPalma dated 07/20/2022. Document filed by Insomnia Cookies, LLC. (Attachments: #1 Exhibit A - Proposed Revised Joint Case Management Plan).(DiPalma, Joseph) |
| Filing 34 PROPOSED CASE MANAGEMENT PLAN. Document filed by Insomnia Cookies, LLC..(DiPalma, Joseph) |
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Filing 33
ORDER: This case is referred for mediation to the Southern District of New York's Mediation Program. Local Rule 83.9 shall govern the mediation. The parties 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. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. 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 7/29/2022. (Signed by Judge Analisa Torres on 7/19/2022) (ate)
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| Filing 32 AMENDED ANSWER to #31 Amended Answer to Complaints, Crossclaim., CROSSCLAIM against Lucky of 195 Madison Street Roofing & Contracting Inc.. Document filed by Insomnia Cookies, LLC..(DiPalma, Joseph) |
| Filing 31 AMENDED ANSWER to #1 Complaint., CROSSCLAIM against Insomnia Cookies, LLC. Document filed by Lucky of 195 Madison Street Roofing & Contracting Inc...(Novikoff, Kenneth) |
| Filing 30 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE #31)ANSWER to #1 Complaint., CROSSCLAIM against Insomnia Cookies, LLC. Document filed by Lucky of 195 Madison Street Roofing & Contracting Inc...(Novikoff, Kenneth) Modified on 6/7/2022 (kj). |
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Filing 29
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge,including motions and trial. 28 U.S.C. 636(c). This case is not to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed by June 25, 2022. The Final Pretrial Submission Date is thirty (30) days following the close of fact and expert discovery (whichever is later). By the Final Pretrial Submission Date, the parties shall submit a Joint Pretrial Order prepared in accordance with the Court's Individual Practices and Rule 26(a)(3), Fed. R. Civ. P. Counsel for the parties have conferred and their present best estimate of the length of trial is: two to four days. SO ORDERED. Motions due by 6/25/2022. Depositions due by 9/16/2022. Fact Discovery due by 9/23/2022. Expert Discovery due by 10/14/2022. Case Management Conference set for 10/12/2022 at 10:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 6/6/2022) (vfr)
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| Filing 28 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Krispy Kreme, Inc. for Insomnia Cookies, LLC. Document filed by Insomnia Cookies, LLC..(DiPalma, Joseph) |
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Filing 27
MEMO ENDORSEMENT granting #25 Motion to Withdraw as Attorney. ENDORSEMENT: GRANTED. The clerk of court is directed to terminate Caitlin L. O'Fallon as counsel of record in this matter. SO ORDERED. Attorney Caitlin L. O'Fallon terminated. (Signed by Judge Analisa Torres on 6/3/2022) (kv)
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| Filing 26 JOINT LETTER addressed to Judge Analisa Torres from Glen H Parker dated June 2, 2022 re: resolution of disagreement. Document filed by Ashley Francis. (Attachments: #1 Text of Proposed Order Revised Proposed Scheduling Order).(Parker, Glen) |
| Filing 25 MOTION for Caitlin L. O'Fallon to Withdraw as Attorney . Document filed by Insomnia Cookies, LLC..(O'Fallon, Caitlin) |
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Filing 24
ORDER re: #23 Proposed Case Management Plan filed by Ashley Francis. The Court has reviewed the parties' proposed case management plan. ECF No. 23. The response to paragraph 2 indicates a disagreement by the parties as to whether the case is to be tried by a jury. By June 7, 2022, the parties shall file a joint letter with the Court outlining their positions. SO ORDERED. (Signed by Judge Analisa Torres on 6/1/2022) (kv)
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| Filing 23 PROPOSED CASE MANAGEMENT PLAN. Document filed by Ashley Francis. (Attachments: #1 Supplement Joint Letter).(Parker, Glen) |
| Filing 22 ANSWER to #1 Complaint. Document filed by Lucky of 195 Madison Street Roofing & Contracting Inc...(Novikoff, Kenneth) |
| Filing 21 ANSWER to #1 Complaint. Document filed by Insomnia Cookies, LLC..(DiPalma, Joseph) |
| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Krispy Kreme Doughnut Corp. for Insomnia Cookies, LLC. Document filed by Insomnia Cookies, LLC..(DiPalma, Joseph) |
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Filing 19
ORDER granting #17 Letter Motion for Extension of Time to Answer and/or Responsive Pleading addressed to Judge Analisa Torres from Kenneth A. Novikoff dated April 26, 2022; granting #18 Letter Motion for Extension of Timeanswer, move, or otherwise respond to the Complaint addressed to Judge Analisa Torres from Joseph DiPalma dated April 26, 2022. The Court has reviewed Defendants' letters filed on April 26, 2022. ECF Nos. 17-18. Accordingly, by May 16, 2022, Defendants shall answer or otherwise respond to the complaint. By May 26, 2022, the parties shall file their joint letter and proposed case management plan. The Clerk of Court is directed to terminate the motions at ECF Nos. 17 and 18. SO ORDERED. #1 Complaint. Insomnia Cookies, LLC answer due 5/16/2022; Lucky of 195 Madison Street Roofing & Contracting Inc. answer due 5/16/2022. (Signed by Judge Analisa Torres on 4/28/2022) (vfr)
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| Filing 18 SECOND LETTER MOTION for Extension of Time answer, move, or otherwise respond to the Complaint addressed to Judge Analisa Torres from Joseph DiPalma dated April 26, 2022. Document filed by Insomnia Cookies, LLC..(DiPalma, Joseph) |
| Filing 17 LETTER MOTION for Extension of Time to File Answer and/or Responsive Pleading addressed to Judge Analisa Torres from Kenneth A. Novikoff dated April 26, 2022. Document filed by Lucky of 195 Madison Street Roofing & Contracting Inc...(Novikoff, Kenneth) |
| Filing 16 NOTICE OF APPEARANCE by Kenneth A. Novikoff on behalf of Lucky of 195 Madison Street Roofing & Contracting Inc...(Novikoff, Kenneth) |
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Filing 15
ORDER granting in part and denying in part #14 Letter Motion for Extension of Time. GRANTED in part, and DENIED in part. By May 4, 2022, Defendant shall answer or otherwise respond to the complaint. By May 9, 2022, the parties shall file their joint letter and proposed case management plan. SO ORDERED.. (Signed by Judge Analisa Torres on 4/5/2022) (kv)
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| Set/Reset Deadlines: Insomnia Cookies, LLC answer due 5/4/2022. (kv) |
| Filing 14 LETTER MOTION for Extension of Time to answer, move, or otherwise respond to the Complaint addressed to Judge Analisa Torres from Joseph J. DiPalma dated 04/04/2022. Document filed by Insomnia Cookies, LLC..(DiPalma, Joseph) |
| Filing 13 NOTICE OF APPEARANCE by Joseph James DiPalma on behalf of Insomnia Cookies, LLC..(DiPalma, Joseph) |
| Filing 12 NOTICE OF APPEARANCE by Caitlin L. O'Fallon on behalf of Insomnia Cookies, LLC..(O'Fallon, Caitlin) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. Insomnia Cookies, LLC served on 2/15/2022, answer due 3/8/2022. Service was accepted by Nancy Dougherty. Document filed by Ashley Francis..(Parker, Glen) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. Lucky of 195 Madison Street Roofing & Contracting Inc. served on 2/15/2022, answer due 3/8/2022. Service was accepted by na. Document filed by Ashley Francis..(Parker, Glen) |
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Filing 9
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by April 8, 2022, e-mail a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, to Orders_and_Judgments@nysd.uscourts.gov. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by April 8, 2022, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 2/9/2022) (ks)
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Filing 8
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b) (5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 2/9/2022) (ks)
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Filing 7
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by April 8, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. SO ORDERED. (Signed by Judge Analisa Torres on 2/9/2022) (ks)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Insomnia Cookies, LLC. (vf) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Lucky of 195 Madison Street Roofing & Contracting Inc. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Insomnia Cookies, LLC, re: #1 Complaint. Document filed by Ashley Francis..(Parker, Glen) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Lucky of 195 Madison Street Roofing & Contracting Inc., re: #1 Complaint. Document filed by Ashley Francis..(Parker, Glen) |
| Filing 2 CIVIL COVER SHEET filed..(Parker, Glen) |
| Filing 1 COMPLAINT against Insomnia Cookies, LLC, Lucky of 195 Madison Street Roofing & Contracting Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25696942)Document filed by Ashley Francis..(Parker, Glen) |
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