Abreu v. Century International Arms, Inc.
| Luigi Abreu |
| Century International Arms, Inc. |
| 1:2022cv02103 |
| March 14, 2022 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 The Americans with Disabilities Act of 1990 |
| Plaintiff |
Docket Report
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| Filing 13 NOTICE OF APPEARANCE by Ryan Lawrence Erdreich on behalf of Century International Arms, Inc...(Erdreich, Ryan) |
Filing 12
CIVIL 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. See 28 U.S.C. 636(c). Plaintiff's position is that the parties exchanged emails regarding the process of discovery and this fulfills the parties obligations under 26(f). Defendant's position is that it has not. Settlement discussions have taken place. If you have identified types of experts in question 9(a), by 8/16/2022 [no laterthan one month before the date in paragraph 8(a), 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 the date set forth in paragraph 9(b). This case is to be tried to a jury. Plaintiff will seek class certification under FRCP 23. Plaintiff proposes that his Class certification motion be filed by October 14, 2022; That Defendant shall have until November 14, 2022 to file any opposition; and Plaintiff shall have until December 14, 2022 to file any reply. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. SO ORDERED. Amended Pleadings due by 6/17/2022. Joinder of Parties due by 6/17/2022. Motions due by 10/14/2022. Responses due by 11/14/2022 Replies due by 12/14/2022. Deposition due by 9/15/2022. Fact Discovery due by 9/15/2022. Expert Discovery due by 10/31/2022. Estimate length of trial is 3-5 days. Telephone Conference set for 11/16/2022 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 5/11/2022) (tg)
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Filing 11
ORDER: It is hereby ORDERED that the May 18, 2022, initial pretrial conference is cancelled. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that Defendant shall answer, move or otherwise respond to the Complaint by May 25, 2022. The parties may not unilaterally extend this deadline and must timely seek an extension from the Court. It is further ORDERED that if Defendant seeks to file a motion to dismiss, it shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. Century International Arms, Inc. answer due 5/25/2022. (Signed by Judge Lorna G. Schofield on 5/11/2022) (tg)
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| Filing 10 JOINT LETTER addressed to Judge Lorna G. Schofield from Edward Y. Kroub and Ryan L. Erdreich dated May 11, 2022 re: the Court's April 6, 2022 Order. Document filed by Luigi Abreu. (Attachments: #1 Text of Proposed Order Proposed Case Management Plan).(Kroub, Edward) |
| Filing 9 CERTIFICATE OF SERVICE of the Court's April 6, 2022 Order, Docket No. 8 served on Century International Arms, Inc. on May 2, 2022. Service was made by Mail. Document filed by Luigi Abreu..(Kroub, Edward) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only. (sac) |
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Filing 8
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on May 18, 2022 at 4:20 p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time, as further set forth herein. Initial Conference set for 5/18/2022 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/6/2022) (mml)
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| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. Century International Arms, Inc. served on 3/28/2022, answer due 4/18/2022. Service was accepted by Kelly Bushey, Executive Assistant. Document filed by Luigi Abreu..(Kroub, Edward) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Century International Arms, Inc.. (vf) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Century International Arms, Inc., re: #1 Complaint. Document filed by Luigi Abreu..(Kroub, Edward) |
| Filing 4 CIVIL COVER SHEET filed..(Kroub, Edward) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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 Debra C. Freeman 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Edward Y. Kroub to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant party name error. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 3 FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to Century International Arms, Inc., re: #1 Complaint. Document filed by Luigi Abreu..(Kroub, Edward) Modified on 3/15/2022 (vf). |
| Filing 2 CIVIL COVER SHEET filed..(Kroub, Edward) |
| Filing 1 COMPLAINT against Century International Arms, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25859036)Document filed by Luigi Abreu..(Kroub, Edward) |
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| Plaintiff: Luigi Abreu | |
| Represented By: | Edward Y. Kroub |
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| Defendant: Century International Arms, Inc. | |
| Represented By: | Ryan Lawrence Erdreich |
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