Chalas v. Super73, Inc.
| Ana Chalas |
| Super73, Inc. |
| 1:2022cv04201 |
| May 22, 2022 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 The Americans with Disabilities Act of 1990 |
| Plaintiff |
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Filing 13
ORDER: IT IS HEREBY ORDERED that all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the parties' settlement and must be filed within 30 days. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis. Additionally, if the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, they must submit within the same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 7.A of the Court's Individual Practices and (2) a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to amend the case caption by deleting the language "individually and on behalf of all others similarly situated" after the individual Plaintiff's name. Because the parties did not notify the Court that they intended to comply with Fed. R. Civ. P. 23(e), this dismissal and any settlement between the parties is operative only as between the individual Plaintiff and Defendant and does not bind any absent putative class members. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/14/2022) (tg)
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| Filing 12 NOTICE of Settlement . Document filed by Ana Chalas..(Kroub, Edward) |
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Filing 11
MEMO ENDORSEMENT on re: #10 Letter filed by Ana Chalas. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/25/2022) (rro)
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| Filing 10 LETTER addressed to Judge Valerie E. Caproni from Edward Y. Kroub dated July 22, 2022 re: Motion to Withdraw Clerk's Certificate of Default. Document filed by Ana Chalas..(Kroub, Edward) |
| Filing 9 CLERK'S CERTIFICATE OF DEFAULT as to Super73, Inc.(km) |
| Filing 8 AFFIRMATION of Edward Y. Kroub in Support re: #7 Proposed Clerk's Certificate of Default. Document filed by Ana Chalas..(Kroub, Edward) |
| Filing 7 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Ana Chalas..(Kroub, Edward) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/20/2022 (km). |
| Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint served. Super73, Inc. served on 6/7/2022, answer due 6/28/2022. Service was accepted by Lynanne Gares, Intake Clerk. Document filed by Ana Chalas..(Kroub, Edward) |
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE FOR CASES FILED UNDER THE AMERICANS WITH DISABILITIES ACT: The Defendant(s)' time to move against or answer the Complaint is stayed until the date of the IPTC, unless otherwise ordered. (And as further set forth herein.) SO ORDERED. Initial Conference set for 9/23/2022 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 5/25/2022) (jca)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Super73, Inc...(gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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 Gabriel W. Gorenstein 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 Super73, Inc., re: #1 Complaint. Document filed by Ana Chalas..(Kroub, Edward) |
| Filing 2 CIVIL COVER SHEET filed..(Kroub, Edward) |
| Filing 1 COMPLAINT against Super73, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26180765)Document filed by Ana Chalas..(Kroub, Edward) |
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| Plaintiff: Ana Chalas | |
| Represented By: | Edward Y. Kroub |
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| Defendant: Super73, Inc. | |
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