Abreu v. CMG Partners, Inc.
| Luigi Abreu |
| CMG Partners, Inc. and Arcadia Wellness, LLC |
| 1:2022cv03605 |
| May 4, 2022 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 The Americans with Disabilities Act of 1990 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 6, 2023. A more recent docket listing may be available from PACER.
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Filing 35
NOTICE OF VOLUNTARY DISMISSAL: Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, plaintiff Luigi Abreu hereby gives notice that the above-captioned action is voluntarily dismissed, with prejudice against defendant Arcadia Wellness, LLC. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may file a notice of dismissal to dismiss an action without a court order prior to the opposing party serving an answer or a motion for summary judgment. Accord Fed R. Civ. P. 41(a)(1)(B) (permitting notice of voluntary dismissal with prejudice). Accordingly, the Clerk of Court is respectfully directed to close this case. SO ORDERED. Arcadia Wellness, LLC terminated. (Signed by Judge John P. Cronan on 2/6/2023) (mml)
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| Case Stay Lifted. (mml) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #34 Notice of Voluntary Dismissal, was reviewed and referred to Judge John P. Cronan for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) |
| Filing 34 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Arcadia Wellness, LLC. Document filed by Luigi Abreu. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Kroub, Edward) |
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Filing 33
MEMO ENDORSEMENT on re: #32 Letter filed by Luigi Abreu. ENDORSEMENT The request is granted in part. Plaintiff's deadline to file a notice of voluntary dismissal is adjourned to February 14, 2023. Absent extraordinary circumstances, no further adjournments or extensions of this deadline will be granted. If the parties are not able to finalize their settlement by February 14, 2023, the Court will set a Deadline for Defendant to respond to the Second Amended Complaint. SO ORDERED. (Signed by Judge John P. Cronan on 1/24/2023) (jca)
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| Filing 32 JOINT LETTER addressed to Judge John P. Cronan from Edward Y. Kroub and Jennifer S. Rusie dated January 23, 2023 re: Status of Settlement. Document filed by Luigi Abreu..(Kroub, Edward) |
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Filing 31
ORDER: the parties. Accordingly, the parties' deadline to submit a stipulation of dismissal or a status letter as to settlement is adjourned to January 23, 2023. In their status letter, the parties should address whether a referral to the Court-annexed Mediation Program or to the Honorable Barbara C. Moses for a settlement conference would be beneficial at this time. If the parties once again fail to meet this deadline, the Court will lift the stay and set a deadline for Defendant to respond to the Second Amended Complaint. (Signed by Judge John P. Cronan on 1/19/2023) (tro)
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Filing 30
MEMO ENDORSEMENT on re: #29 Notice of Settlement filed by Luigi Abreu. ENDORSEMENT: The request is granted in part. The case is stayed for 30 days. The parties shall submit a stipulation of dismissal or a joint letter as to the status of settlement by January 18, 2023. SO ORDERED. Case stayed. (Signed by Judge John P. Cronan on 12/19/2022) (tg)
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| Filing 29 NOTICE of Settlement . Document filed by Luigi Abreu..(Kroub, Edward) |
| Filing 28 SECOND AMENDED COMPLAINT amending #12 Amended Complaint, #1 Complaint against Arcadia Wellness, LLC with JURY DEMAND.Document filed by Luigi Abreu. Related document: #12 Amended Complaint, #1 Complaint..(Kroub, Edward) |
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Filing 27
MEMO ENDORSEMENT on re: #26 Response in Opposition to Motion,, filed by Luigi Abreu. ENDORSEMENT The Court grants Plaintiff leave to file a Second Amended Complaint. Plaintiff shall file the Second Amended Complaint by November 30, 2022. In light of the anticipated Second Amended Complaint, Defendant's request to move to dismiss is denied without prejudice as moot, and Defendant may renew its application to move to dismiss after the filing of the Second Amended Complaint, if appropriate. The Clerk of Court is respectfully directed to close Docket Numbers 23 and 25. SO ORDERED. (Amended Pleadings due by 11/30/2022.), Motions terminated: #23 LETTER MOTION for Conference re: #12 Amended Complaint Pre-Motion Conference Letter addressed to Judge John P. Cronan from Jennifer Rusie dated November 7, 2022. filed by Arcadia Wellness, LLC, #25 LETTER MOTION for Conference re: #23 LETTER MOTION for Conference re: #12 Amended Complaint Pre-Motion Conference Letter addressed to Judge John P. Cronan from Jennifer Rusie dated November 7, 2022., #24 Memo Endorsement,, Pr filed by Arcadia Wellness, LLC. (Signed by Judge John P. Cronan on 11/16/2022) (jca)
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| Filing 26 LETTER RESPONSE in Opposition to Motion addressed to Judge John P. Cronan from Edward Y. Kroub dated 11/15/2022 re: #23 LETTER MOTION for Conference re: #12 Amended Complaint Pre-Motion Conference Letter addressed to Judge John P. Cronan from Jennifer Rusie dated November 7, 2022., #25 LETTER MOTION for Conference re: #23 LETTER MOTION for Conference re: #12 Amended Complaint Pre-Motion Conference Letter addressed to Judge John P. Cronan from Jennifer Rusie dated November 7, 2022., #24 Memo Endorsement,, Pr . Document filed by Luigi Abreu..(Kroub, Edward) |
| Filing 25 LETTER MOTION for Conference re: #23 LETTER MOTION for Conference re: #12 Amended Complaint Pre-Motion Conference Letter addressed to Judge John P. Cronan from Jennifer Rusie dated November 7, 2022., #24 Memo Endorsement,, Proposed Briefing Schedule addressed to Judge John P. Cronan from Jennifer S Rusie dated November 10, 2022. Document filed by Arcadia Wellness, LLC..(Rusie, Jennifer) |
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Filing 24
MEMO ENDORSEMENT on re: #23 LETTER MOTION for Conference re: #12 Amended Complaint Pre-Motion Conference Letter addressed to Judge John P. Cronan from Jennifer Rusie dated November 7, 2022. filed by Arcadia Wellness, LLC ENDORSEMENT: By November 10, 2022, Defendant shall submit a supplemental letter with a proposed briefing schedule for its anticipated motion to dismiss. By November 15, 2022, Plaintiff shall respond to the arguments in Defendant's letter. SO ORDERED. (Signed by Judge John P. Cronan on 11/9/2022) (ks)
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| Filing 23 LETTER MOTION for Conference re: #12 Amended Complaint Pre-Motion Conference Letter addressed to Judge John P. Cronan from Jennifer Rusie dated November 7, 2022. Document filed by Arcadia Wellness, LLC..(Rusie, Jennifer) |
| Filing 22 NOTICE OF CHANGE OF ADDRESS by Edward Y. Kroub on behalf of Luigi Abreu. New Address: Mizrahi Kroub LLP, 225 Broadway, 39th Floor, New York, New York, 10007,..(Kroub, Edward) |
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Filing 21
ORDER granting #20 Letter Motion for Extension of Time to Answer re #20 SECOND LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge John P. Cronan from Jennifer S Rusie dated October 11, 2022. The request is granted. Defendant's deadline to respond to Plaintiff's Complaint is adjourned to November 7, 2022. SO ORDERED. Arcadia Wellness, LLC answer due 11/7/2022 (Signed by Judge John P. Cronan on 10/12/2022) (jca)
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| Filing 20 SECOND LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge John P. Cronan from Jennifer S Rusie dated October 11, 2022. Document filed by Arcadia Wellness, LLC..(Rusie, Jennifer) |
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time to File Response/Reply re #18 LETTER MOTION for Extension of Time to File Response/Reply as to #12 Amended Complaint addressed to Judge John P. Cronan from Jennifer S. Rusie dated September 9, 2022. Defendant's unopposed request is GRANTED. Defendant's deadline to respond to Plaintiff's Complaint is adjourned to October 13, 2022. SO ORDERED. (Signed by Judge John P. Cronan on 9/11/22) (yv)
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| Set/Reset Deadlines: Arcadia Wellness, LLC answer due 10/13/2022. (yv) |
| Filing 18 LETTER MOTION for Extension of Time to File Response/Reply as to #12 Amended Complaint addressed to Judge John P. Cronan from Jennifer S. Rusie dated September 9, 2022. Document filed by Arcadia Wellness, LLC..(Rusie, Jennifer) |
| Filing 17 LETTER addressed to Judge John P. Cronan from Edward Y. Kroub dated 08/26/2022 re: Courts Order of August 23, 2022. Document filed by Luigi Abreu..(Kroub, Edward) |
| Filing 16 SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. Arcadia Wellness, LLC served on 8/23/2022, answer due 9/13/2022. Service was accepted by Michael Miller, Intake Clerk. Document filed by Luigi Abreu..(Kroub, Edward) |
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Filing 15
ORDER: Accordingly, it is hereby ORDERED that, by August 26, 2022, Plaintiff shall file a letter advising the Court as to the status of service on Defendant. SO ORDERED. (Signed by Judge John P. Cronan on 8/23/2022) (ks)
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| Filing 14 ELECTRONIC SUMMONS ISSUED as to Arcadia Wellness, LLC..(pc) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Arcadia Wellness, LLC, re: #12 Amended Complaint. Document filed by Luigi Abreu..(Kroub, Edward) |
| Filing 12 AMENDED COMPLAINT amending #1 Complaint against Arcadia Wellness, LLC with JURY DEMAND.Document filed by Luigi Abreu. Related document: #1 Complaint..(Kroub, Edward) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED COMPLAINT amending #1 Complaint against CMG Partners, Inc. with JURY DEMAND.Document filed by Luigi Abreu. Related document: #1 Complaint..(Kroub, Edward) Modified on 7/21/2022 (lb). |
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Filing 10
MEMO ENDORSEMENT on re: #9 Letter filed by Luigi Abreu. ENDORSEMENT: Plaintiff's request is granted. Plaintiff shall file the amended complaint by July 21, 2022 and serve the amended complaint and summons by August 22, 2022. The briefing on Plaintiff's motion for default judgment and the August 9, 2022 default judgment hearing, see Dkt. 6, is adjourned sine die. SO ORDERED. (Amended Pleadings due by 7/21/2022., Service due by 8/22/2022.) (Signed by Judge John P. Cronan on 7/14/2022) (jca)
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| Filing 9 LETTER addressed to Judge John P. Cronan from Edward Y. Kroub dated 07/13/2022 re: Courts Order of July 7, 2022. Document filed by Luigi Abreu..(Kroub, Edward) |
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Filing 8
ORDER: It is hereby ORDERED that Plaintiff inform the Court by July 13, 2022, whether he intends to proceed with this case, and if so, Plaintiff is further ORDERED to show cause why his action should not be dismissed for failure to prosecute. If Plaintiff fails to inform the Court of his intent to proceed with this case and show cause why his action should not be dismissed by July 13, 2022, the Court may dismiss this action for failure to prosecute without further notice. SO ORDERED. (Signed by Judge John P. Cronan on 7/7/2022) (jca)
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| Filing 7 CERTIFICATE OF SERVICE of the Court's June 22, 2022 Order, Docket No. 6 served on CMG Partners, Inc. on June 27, 2022. Service was made by Mail. Document filed by Luigi Abreu..(Kroub, Edward) |
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Filing 6
ORDER: It is hereby ORDERED that no later than July 6, 2022, Plaintiff shall move for default judgment as to Defendant, in accordance with Local Civil Rule 55.2 and 3.D of the Courts Individual Rules and Practices for Civil Cases, or show cause why this case should not be dismissed for failure to prosecute. Defendant shall file any opposition to the motion for default judgment no later than July 20, 2022. Plaintiff shall file any reply no later than July 27, 2022. It is further ORDERED that Defendant appear and show cause at a hearing before this Court on August 9, 2022, at 2:00 p.m., why an order should not be issued granting a default judgment against Defendant. That hearing shall take place telephonically. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. It is further ORDERED that Plaintiff serve Defendant via overnight courier with a copy of this Order within one week of the date of this Order. Within two business days of service, Plaintiff must file proof of such service on the docket. SO ORDERED. (Motions due by 7/6/2022., Responses due by 7/20/2022, Replies due by 7/27/2022., Telephone Conference set for 8/9/2022 at 02:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 6/22/2022) (jca)
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| Filing 5 SUMMONS RETURNED EXECUTED Summons and Complaint served. CMG Partners, Inc. served on 5/17/2022, answer due 6/7/2022. Service was accepted by Nadia Bellamy, Intake Clerk. Document filed by Luigi Abreu..(Kroub, Edward) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to CMG Partners, Inc...(gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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..(gp) |
| Magistrate Judge Barbara C. Moses 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. (gp) |
| Case Designated ECF. (gp) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to CMG Partners, Inc., re: #1 Complaint. Document filed by Luigi Abreu..(Kroub, Edward) |
| Filing 2 CIVIL COVER SHEET filed..(Kroub, Edward) |
| Filing 1 COMPLAINT against CMG Partners, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26100324)Document filed by Luigi Abreu..(Kroub, Edward) |
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