Davis v. Direct Sports, Inc.
| Kevin Davis |
| Direct Sports, Inc. |
| 1:2022cv03632 |
| May 4, 2022 |
| US District Court for the Southern District of New York |
| Sarah L Cave |
| Paul A Engelmayer |
| 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 16
ORDER The Court having been advised that all claims asserted herein have been settled in principle, 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 (I) 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 9/19/2022) (jca)
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| Filing 15 NOTICE of Settlement . Document filed by Kevin Davis..(Kroub, Edward) |
| Filing 14 PROPOSED CASE MANAGEMENT PLAN. Document filed by Kevin Davis..(Kroub, Edward) |
| Filing 13 ANSWER to #12 Amended Complaint. Document filed by Direct Sports, Inc...(Krezalek, Martin) |
| Filing 12 FIRST AMENDED COMPLAINT amending #1 Complaint against Direct Sports, Inc. with JURY DEMAND.Document filed by Kevin Davis. Related document: #1 Complaint..(Kroub, Edward) |
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Filing 11
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: It is hereby ORDERED that an initial conference in accordance with Fed. R. Civ. P. 16 will be held Wednesday, September 21, 2022 at 10:00 am, on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. At the conference, the parties must be prepared to discuss the subjects set forth in Fed. R. Civ. P. 16(b) and (c). It is further ORDERED that counsel shall meet and confer in accordance with Fed. R. Civ. P. 26(f) no later than 21 days before the Initial Case Management Conference. No later than one week (seven (7) calendar days) before the conference, the parties shall file a Report of Rule 26(f) Meeting and Proposed Case Management Plan, via ECF, signed by counsel for each party. A template is available at https://www.nysd.uscourts.gov/hon-sarah-l-cave. SO ORDERED. (Initial Conference set for 9/21/2022 at 10:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 8/9/22) (yv)
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| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Direct Sports, Inc...(Krezalek, Martin) |
| Filing 9 ANSWER to #1 Complaint. Document filed by Direct Sports, Inc...(Krezalek, Martin) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint served. Direct Sports, Inc. served on 6/3/2022, answer due 8/8/2022. Service was accepted by Amanda Booth, Customer Service Representative. Document filed by Kevin Davis..(Kroub, Edward) |
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Filing 7
ORDER: granting #6 Letter Motion for Extension of Time to Answer re #6 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint. addressed to Judge Paul A. Engelmayer from Martin S. Krezalek dated 6/24/22. Defendant's requested extension (ECF No. 6) is GRANTED. By August 8, 2022, Defendant shall answer, move, or otherwise respond to the Complaint. The Clerk of Court is respectfully directed to close ECF No. 6. SO ORDERED.Direct Sports, Inc. answer due 8/8/2022. (Signed by Magistrate Judge Sarah L Cave on 6/27/2022) (ama)
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| Filing 6 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Paul A. Engelmayer from Martin S. Krezalek dated 6/24/22. Document filed by Direct Sports, Inc...(Krezalek, Martin) |
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Filing 5
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 Sarah L Cave. 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). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/5/2022) (jca)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Direct Sports, Inc. (vf) |
| 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) |
| Magistrate Judge Sarah L. Cave 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 3 REQUEST FOR ISSUANCE OF SUMMONS as to Direct Sports, Inc., re: #1 Complaint. Document filed by Kevin Davis..(Kroub, Edward) |
| Filing 2 CIVIL COVER SHEET filed..(Kroub, Edward) |
| Filing 1 COMPLAINT against Direct Sports, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26102749)Document filed by Kevin Davis..(Kroub, Edward) |
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| Plaintiff: Kevin Davis | |
| Represented By: | Edward Y. Kroub |
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| Defendant: Direct Sports, Inc. | |
| Represented By: | Martin Simon Krezalek |
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