Gannon v. 78 Orchard Street LLC et al
| Stephen Gannon |
| 78 Orchard Street LLC, Orchard Grocer Inc., John Doe 1-X and Corporations 1-X |
| 1:2022cv01643 |
| February 28, 2022 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Fed. Question |
| Both |
Docket Report
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This docket was last retrieved on December 20, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 41 SECOND LETTER MOTION to Stay re: #36 Order on Motion for Extension of Time,, addressed to Judge Vernon S. Broderick from Glenn D. Wright dated 12/5/22. Document filed by 78 Orchard Street LLC, John Doe 1-X, Orchard Grocer Inc.. (Attachments: #1 Exhibit email to Plaintiff-10-26-22-Subst. counsel, #2 Exhibit email to Plaintiff enc discovery demands, #3 Exhibit email to confer w/Plaintiff).(Wright, Glenn) |
Filing 40
STIPULATION AND ORDER TO SUBSTITUTE ATTORNEYS: The undersigned hereby stipulated and consented that of Glenn Wright of the Wright Law Firm P.C. be substituted as attorney of record for the Defendants 78 ORCHARD STREET LLC and ORCHARD GROCERY INC., in the above-captioned action in place and instead of the Law Firm Helbraun & Levey LLP and its attorneys Michelle Malone, Joseph Taylor and Eric Dawson. So Ordered. (Signed by Judge Vernon S. Broderick on 10/28/2022) Attorney Joseph Diego Taylor; Eric Peter Dawson and Michelle Christine Malone terminated. (ks)
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| Filing 39 LETTER MOTION to Substitute Attorney. Old Attorney: Michele Malone, Eric Dawson, Joseph Taylor, New Attorney: Glenn D. Wright addressed to Judge Vernon S. Broderick from Glenn D. Wright dated 10/27/22. Document filed by 78 Orchard Street LLC, Orchard Grocer Inc.. (Attachments: #1 Affidavit Defendants/Filers consent, #2 Text of Proposed Order stipulation and proposed order).(Wright, Glenn) |
| Filing 38 NOTICE OF APPEARANCE by Glenn David Wright on behalf of Orchard Grocer Inc...(Wright, Glenn) |
| Filing 37 NOTICE OF APPEARANCE by Glenn David Wright on behalf of 78 Orchard Street LLC..(Wright, Glenn) |
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Filing 36
CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #35 Letter Motion for Extension of Time. 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. The parties have conferred and their present best estimate of the length of trial is 3 days. Depositions shall be completed by February 20, 2023. The Court will conduct a telephonic post-discovery conference on May 3, 2023 pm. The dial-in number is 888-363-4749 and the conference code is 2682448.. (Signed by Judge Vernon S. Broderick on 10/4/2022) (kv)
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| Set/Reset Deadlines: ( Deposition due by 4/26/2023., Discovery due by 4/26/2023., Expert Discovery due by 4/26/2023., Fact Discovery due by 2/20/2023.), Set/Reset Hearings:( Telephone Conference set for 5/3/2023 at 03:30 PM before Judge Vernon S. Broderick.) (kv) |
| Filing 35 CONSENT LETTER MOTION for Extension of Time in Case Management and Scheduling Order addressed to Judge Vernon S. Broderick from Eric Dawson dated September 30, 2022. Document filed by 78 Orchard Street LLC, Orchard Grocer Inc.. (Attachments: #1 Text of Proposed Order Proposed Case Management and Scheduling Order).(Dawson, Eric) |
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Filing 34
CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #33 Letter Motion for Extension of Time. 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. The parties have conferred and their present best estimate of the length of trial is 3 days. Depositions shall be completed by January 20, 2023. The Court will conduct a telephonic post-discovery conference on April 3, 2023 at 3:30pm. The dial-in number is 888-363-4749 and the conference code is 2682448.. (Signed by Judge Vernon S. Broderick on 9/2/2022) (kv)
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| Set/Reset Hearings:( Telephone Conference set for 4/3/2023 at 03:30 PM before Judge Vernon S. Broderick.), Set/Reset Deadlines: ( Deposition due by 3/27/2023., Discovery due by 3/27/2023., Expert Discovery due by 3/27/2023., Fact Discovery due by 1/20/2023.) (kv) |
| Filing 33 JOINT LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Eric Dawson dated August 31, 2022. Document filed by 78 Orchard Street LLC, Orchard Grocer Inc.. (Attachments: #1 Text of Proposed Order Proposed Case Management and Scheduling Order).(Dawson, Eric) |
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Filing 32
CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #31 Letter Motion for Extension of Time. 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. The parties have conferred and their present best estimate of the length of trial is 3 days. Depositions shall be completed by December 20, 2022. The Court will conduct a telephonic post-discovery conference on March 3, 2023 at 3:00p.m. The dial-in number is 888-363-4749 and the conference code is 2682448. . (Signed by Judge Vernon S. Broderick on 7/28/2022) (kv) Modified on 7/28/2022 (kv).
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| Set/Reset Hearings: (Telephone Conference set for 3/3/2023 at 03:00 PM before Judge Vernon S. Broderick.), Set/Reset Deadlines: ( Deposition due by 2/24/2023., Discovery due by 2/24/2023., Expert Discovery due by 2/24/2023., Fact Discovery due by 12/20/2022.) (kv) |
| Filing 31 JOINT LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Eric Dawson dated July 27, 2022. Document filed by 78 Orchard Street LLC, Orchard Grocer Inc.. (Attachments: #1 Text of Proposed Order Proposed Case Management and Scheduling Order).(Dawson, Eric) |
| Filing 30 NOTICE OF APPEARANCE by Eric Peter Dawson on behalf of 78 Orchard Street LLC, Orchard Grocer Inc...(Dawson, Eric) |
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Filing 29
MEMO ENDORSEMENT: on re: #28 Letter filed by Stephen Gannon, Motions terminated: #25 LETTER MOTION to Stay or Dismiss. addressed to Judge Vernon S. Broderick from Michelle C. Malone, Esq. dated July 14, 2022 filed by 78 Orchard Street LLC, Orchard Grocer Inc. ENDORSEMENT: Defendants' request to stay or dismiss the case is denied. (Doc. 25.) Plaintiff is advised that further failure to respond to Defendants' counsel and/or failure to comply with the Case Management Plan and Scheduling Order ("CMP") will result in dismissal of this action pursuant Rule 41(b). If either party wishes to request an extension of the discovery deadlines, that party is directed to meet-and-confer with its adversary to seek consent for the extension, and then to file a proposed revised CMP reflecting the requested extension, pursuant to my Individual Rule 1(G). SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/25/2022) (ama)
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| Filing 28 LETTER addressed to Judge Vernon S. Broderick from Adam Ford dated 07/22/2022 re: Response to Letter (Dkt. No. 25), Pursuant to Order (Dkt. No. 26). Document filed by Stephen Gannon..(Ford, Adam) |
| Filing 27 CERTIFICATE OF SERVICE of Initial Disclosures served on 78 Orchard Street LLC and Orchard Grocer Inc. on 07/22/2022. Service was made by Email. Document filed by Stephen Gannon..(Ford, Adam) |
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Filing 26
ORDER with respect to #25 Letter Motion to Stay re: #25 LETTER MOTION to Stay or Dismiss addressed to Judge Vernon S. Broderick from Michelle C. Malone, Esq. dated July 14, 2022. On or before July 22, 2022, Plaintiff is ordered to submit a letter of no more than three (3) pages, supported by legal authority, demonstrating good cause as to why this case should not be dismissed pursuant to Federal Rule of Civil Procedure 41(b). Plaintiff is warned that failure to submit a letter will result in dismissal of this action. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/15/2022) (jca)
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| Filing 25 LETTER MOTION to Stay or Dismiss addressed to Judge Vernon S. Broderick from Michelle C. Malone, Esq. dated July 14, 2022. Document filed by 78 Orchard Street LLC, Orchard Grocer Inc...(Malone, Michelle) |
| Filing 24 NOTICE OF APPEARANCE by Michelle Christine Malone on behalf of 78 Orchard Street LLC, Orchard Grocer Inc...(Malone, Michelle) |
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Filing 23
CASE MANAGEMENT PLAN AND SCHEDULING 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. The parties have conferred and their present best estimate of the length of trial is 3 days. Depositions shall be completed by November 15, 2022 Deposition due by 1/27/2023. Fact Discovery due by 11/15/2022. Expert Discovery due by 1/27/2023. Discovery due by 1/27/2023. Telephone Conference set for 2/3/2023 at 03:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 6/8/2022) (kv)
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| Filing 22 FIRST LETTER addressed to Judge Vernon S. Broderick from Adam Ford dated 06/07/2022 re: CORRECTED Proposed Case Management Plan. Document filed by Stephen Gannon. (Attachments: #1 Text of Proposed Order CORRECTED Proposed Case Management Plan).(Ford, Adam) |
| Filing 21 JOINT LETTER addressed to Judge Vernon S. Broderick from Adam Ford dated 06/07/2022 re: Status Update and Revised Case Management Plan. Document filed by Stephen Gannon. (Attachments: #1 Text of Proposed Order Revised Case Management Plan).(Ford, Adam) |
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Filing 20
ORDER: denying without prejudice to renewal #19 Letter Motion for Extension of Time to Complete Discovery. Application denied without prejudice to renewal because Plaintiff has not consented to the revised case management plan. The parties are ordered to meet-and-confer. On or before June 7, 2022, Plaintiff is ordered to file a joint status update indicating whether discovery deadlines need to be extended, with a proposed revised case management plan if applicable. If Plaintiff fails to do so or otherwise demonstrate that he intends to prosecute this litigation, I may dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED.. (Signed by Judge Vernon S. Broderick on 5/31/2022) (ama)
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| Filing 19 FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vernon S. Broderick from Joseph D. Taylor dated May 27, 2022. Document filed by 78 Orchard Street LLC, Orchard Grocer Inc.. (Attachments: #1 Text of Proposed Order Proposed Revised Scheduling Order).(Taylor, Joseph) |
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Filing 18
CASE MANAGEMENT PLAN AND SCHEDULING 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. The parties have conferred and their present best estimate of the length of trial is 3 days. Depositions shall be completed by August 31, 2022. Deposition due by 10/30/2022. Fact Discovery due by 8/31/2022. Expert Discovery due by 10/30/2022. Discovery due by 10/30/2022. Status Conference set for 11/4/2022 at 02:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 5/2/2022) (kv)
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| Filing 17 JOINT LETTER addressed to Judge Vernon S. Broderick from Adam Ford and Joe Taylor dated April 29, 2002 re: Case Management Plan. Document filed by Stephen Gannon..(Ford, Adam) |
| Filing 16 PROPOSED CASE MANAGEMENT PLAN. Document filed by Stephen Gannon..(Ford, Adam) |
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Filing 15
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 April 25, 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 4/11/2022) (kv)
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| ***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Notice to Attorney Adam Ford re:document #10 Proposed Clerk's Certificate of Default was rejected by the Clerk's Office for the following reason(s): an answer has been filed. (km) |
| Filing 14 ANSWER to #1 Complaint with JURY DEMAND., COUNTERCLAIM against Stephen Gannon. Document filed by Orchard Grocer Inc., 78 Orchard Street LLC..(Taylor, Joseph) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 78 Orchard Street LLC, Orchard Grocer Inc...(Taylor, Joseph) |
| Filing 12 NOTICE OF APPEARANCE by Joseph D Taylor on behalf of 78 Orchard Street LLC, Orchard Grocer Inc...(Taylor, Joseph) |
| Filing 11 DECLARATION of Adam Ford in support of request for Certificate of Default. Document filed by Stephen Gannon. (Attachments: #1 Request for Certificate of Default).(Ford, Adam) |
| Filing 10 FILING ERROR - RESPONSIVE PLEADING FILED - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Stephen Gannon..(Ford, Adam) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/11/2022 (km). |
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Filing 9
ORDER re: #7 Summons Returned Executed filed by Stephen Gannon, #8 Summons Returned Executed filed by Stephen Gannon. To date, Defendants have not appeared or responded to the complaint. Plaintiff, however, has taken no action to prosecute this case. Accordingly, if Plaintiff intends to seek a default judgment, he is directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than April 11, 2022. If Plaintiff fails to do so or otherwise demonstrate that he intends to prosecute this litigation, I may dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/4/2022) (kv)
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| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint served. Orchard Grocer Inc. served on 3/11/2022, answer due 4/1/2022. Service was accepted by Sue Zouky, Authorized Agent. Document filed by Stephen Gannon..(Ford, Adam) |
| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. 78 Orchard Street LLC served on 3/11/2022, answer due 4/1/2022. Service was accepted by Sue Zouky, Authorized Agent. Document filed by Stephen Gannon..(Ford, Adam) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Adam Ford. The following party/parties has been removed from this case: Corporations 1-X. The party was added to the case in error. Corporations 1-X is not listed as a party on the Complaint caption. (gp) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Orchard Grocer Inc.. (vf) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to 78 Orchard Street LLC. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Adam Douglas Ford. The party information for the following party/parties has been modified: 78 Orchard Street LLC, Corporations 1-X, John Doe 1-X, Orchard Grocer Inc, Stephen Gannon. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
| 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..(vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Ona T. Wang 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) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Orchard Grocer Inc., re: #1 Complaint. Document filed by Stephen Gannon..(Ford, Adam) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to 78 Orchard Street LLC, re: #1 Complaint. Document filed by Stephen Gannon..(Ford, Adam) |
| Filing 2 CIVIL COVER SHEET filed..(Ford, Adam) |
| Filing 1 COMPLAINT against 78 Orchard Street LLC, Corporations 1-X, John Doe 1-X, Orchard Grocer Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25789434)Document filed by Stephen Gannon..(Ford, Adam) |
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