Calcano v. Pablo Designs d/b/a Pablo, Inc.
Plaintiff: Marcos Calcano On Behalf of Himself and All Other Persons Similarly Situated and Marcos Calcano
Defendant: Pable Designs d/b/a Pablo, Inc., Pablo Designs and Pablo, Inc.
Case Number: 1:2022cv02565
Filed: March 29, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Stewart D Aaron
Referring Judge: Paul A Engelmayer
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 20, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 20, 2022 Opinion or Order Filing 18 ORDER: The Court having been advised by the parties that all claims asserted herein have been settled in principle, Dkt. 17, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within 30 days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within 30 days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, 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 within the same 30-day period to be "so ordered" by the Court. Per Paragraph 4(C) 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 proposed order approving the settlement agreement that seeks the Court's continued jurisdiction should either (1) expressly state that the Court retains jurisdiction to enforce the agreement or (2) incorporate the terms of the settlement agreement in the order.The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/20/2022) (vfr)
May 20, 2022 Filing 17 NOTICE of Settlement . Document filed by Marcos Calcano..(Gottlieb, Dana)
May 19, 2022 Opinion or Order Filing 16 ORDER SCHEDULING TELEPHONIC INITIAL PRETRIAL CONFERENCE: An Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure will be held on Monday, July 11, 2022 at 11:00 a.m. The conference shall be conducted by telephone. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. Initial Conference set for 7/11/2022 at 11:00 AM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 5/19/2022) (kv)
May 19, 2022 Filing 15 NOTICE OF APPEARANCE by Larry Rafael Martinez on behalf of Pablo Designs..(Martinez, Larry)
May 19, 2022 Filing 14 NOTICE OF APPEARANCE by Gerald Charles Waters on behalf of Pablo Designs..(Waters, Gerald)
May 11, 2022 Opinion or Order Filing 13 MEMO ENDORSEMENT on re: #12 Letter filed by Marcos Calcano. ENDORSEMENT: The telephone conference scheduled for May 17, 2022 is canceled. If Defendant has not appeared by June 27, 2022, Plaintiff shall seek a Certificate of Default from the Clerk of Court. If and when Defendant appears, the Court shall schedule and Initial Pretrial Conference. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 5/11/2022) (vfr)
May 11, 2022 Filing 12 LETTER addressed to Magistrate Judge Stewart D. Aaron from Dana L. Gottlieb, Esq. dated May 11, 2022 re: Request for Extension of Time and Reschedule of Initital Conference. Document filed by Marcos Calcano..(Gottlieb, Dana)
May 5, 2022 Opinion or Order Filing 11 ORDER: This case has been assigned to me for general pretrial management. (ECF No. 7.) The parties (or, if no defendant has appeared in the case, only the plaintiff) shall appear for a Telephone Conference on Tuesday, May 17, 2022, at 11:30 a.m. to discuss the status of this case. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. SO ORDERED. ( Telephone Conference set for 5/17/2022 at 11:30 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 5/5/2022) (vfr)
April 17, 2022 Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. Pablo Designs served on 4/12/2022, answer due 5/3/2022. Service was accepted by Colleeen Banahan, NYS SOS, Agent. Document filed by Marcos Calcano..(Gottlieb, Jeffrey)
April 4, 2022 Filing 9 ELECTRONIC SUMMONS ISSUED as to Pablo Designs..(pc)
March 31, 2022 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Pablo Designs a/k/a Pablo, Inc., re: #1 Complaint. Document filed by Marcos Calcano..(Gottlieb, Dana)
March 31, 2022 Opinion or Order Filing 7 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Stewart D. Aaron. The parties are hereby notified that this Court has written on a legal issue that appears central to this case: the applicability of the ADA to websites. See Del-Orden v. Bonobos, Inc., No. 17 Civ. 2744 (PAE), 2017 WL 6547902 (S.D.N.Y. Dec. 20, 2017). (Signed by Judge Paul A. Engelmayer on 3/31/2022) (tg)
March 31, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Dana Lauren Gottlieb to RE-FILE Document No. #6 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct;Defendant party name error. Defendant alias party type listed on Summons and Summons Caption does not correspond to pleading caption.. 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. (lal)
March 30, 2022 Filing 6 FILING ERROR - DEFICIENT PLEADING - DOCKET ENTRY - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Pablo Designs d/b/a Pablo, Inc., re: #1 Complaint. Document filed by Marcos Calcano..(Gottlieb, Dana) Modified on 3/31/2022 (lal).
March 30, 2022 Filing 5 FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Pablo Designs d/b/a Pablo, Inc., re: #1 Complaint. Document filed by Marcos Calcano..(Gottlieb, Dana) Modified on 3/30/2022 (vf).
March 30, 2022 Filing 4 NOTICE OF APPEARANCE by Jeffrey Michael Gottlieb on behalf of Marcos Calcano On Behalf of Himself and All Other Persons Similarly Situated..(Gottlieb, Jeffrey)
March 30, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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)
March 30, 2022 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Dana Lauren Gottlieb. The party information for the following party/parties has been modified: Pable Designs d/b/a Pablo, Inc; Marcos Calcano On Behalf of Himself and All Other Persons Similarly Situated. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted; alias party name was omitted; party name entered incorrectly. (vf)
March 30, 2022 Magistrate Judge Stewart D. Aaron 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)
March 30, 2022 Case Designated ECF. (vf)
March 30, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Dana Lauren Gottlieb to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct. Defendant party name error. The Defendant party name listed on Summons PDF does not correspond to pleading caption. 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)
March 30, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Dana Lauren Gottlieb to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant party name error. Defendant alias party type listed on Summons and Summons Caption does not correspond to pleading caption. 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)
March 29, 2022 Filing 3 FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Pablo Designs d/b/a Pablo, Inc., re: #1 Complaint. Document filed by Marcos Calcano.(Gottlieb, Dana) Modified on 3/30/2022 (vf).
March 29, 2022 Filing 2 CIVIL COVER SHEET filed..(Gottlieb, Dana)
March 29, 2022 Filing 1 COMPLAINT against Pablo Designs d/b/a Pablo, Inc. (Filing Fee $ 402.00, Receipt Number ANYSDC-25932436)Document filed by Marcos Calcano.(Gottlieb, Dana)

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Plaintiff: Marcos Calcano On Behalf of Himself and All Other Persons Similarly Situated
Represented By: Dana Lauren Gottlieb
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Plaintiff: Marcos Calcano
Represented By: Jeffrey Michael Gottlieb
Represented By: Dana Lauren Gottlieb
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Defendant: Pable Designs d/b/a Pablo, Inc.
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Defendant: Pablo Designs
Represented By: Gerald Charles Waters
Represented By: Larry Rafael Martinez
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Defendant: Pablo, Inc.
Represented By: Gerald Charles Waters
Represented By: Larry Rafael Martinez
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