Quezada v. Jetson Electric Bikes LLC
| Jose Quezada |
| Jetson Electric Bikes LLC |
| 1:2022cv04544 |
| June 1, 2022 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| 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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This docket was last retrieved on October 27, 2022. A more recent docket listing may be available from PACER.
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Filing 14
CONSENT DECREE: This Consent Decree is entered into as of the Effective Date, as defined below in Paragraph 9, by and between Plaintiff Jose Quezada ("Plaintiff") and Defendant Jetson Electric Bikes LLC ("Defendant"). Plaintiff and Defendant are collectively referred to as the "Parties" for the purposes and on the terms specified herein. This Consent Decree resolves, settles, and compromises all issues between the Parties in the Action. This Consent Decree is entered into by Plaintiff, individually, but is intended by the parties to inure to the benefit of vision impaired individuals including members of the putative class identified in the Complaint. This Court has jurisdiction over the Action under 28 U.S.C. 1331 and 42 U.S.C. 12188. The Parties agree that for purposes of the Action and this Consent Decree venue is appropriate. Plaintiff and Defendant agree that it is in the Parties' best interest to resolve the Action on mutually agreeable terms without further litigation. Accordingly, the Parties agree to the entry of this Consent Decree without trial or further adjudication of any issues of fact or law raised in Plaintiff's Complaint. In resolution of this Action, the Parties hereby AGREE to the following, as further set forth herein. The term of this Consent Decree shall commence as of the Effective Date and remain in effect for the earlier of: (1) 36 months from the Effective Date; or (b) the date, if any, that the United States Department of Justice adopts regulations for websites under Title III of the ADA. Pursuant to the terms of this Consent Decree, Defendant: shall not deny persons with a disability (as defined under the ADA), including the Plaintiff, the opportunity to participate in and benefit from the goods, services, privileges, advantages, and accommodations through the Website as set forth herein. 42 U.S.C. 12182(b)(1)(A)(i); 28 C.F.R. 36.202(a); as further set forth herein. The interpretation and enforcement of this Consent Decree shall be governed by the laws of the State of New York and applicable federal law. If any provision of this Consent Decree is determined to be invalid, unenforceable, or otherwise contrary to applicable law, such provision shall be deemed restated to reflect as nearly as possible and to the fullest extent permitted by applicable law its original intent and shall not, in any event, affect any other provisions, all of which shall remain valid and enforceable to the fullest extent permitted by applicable law. The signatories represent that they have the authority to bind the respective parties, Plaintiff and Defendant to this Consent Decree. This Consent Decree has been carefully read by each of the Parties, and its contents are known and understood by each of the Parties. This Consent Decree is signed freely by each party executing it. The Parties each had an opportunity to consult with their counsel prior to executing the Consent Decree. COURT APPROVAL, ADOPTION, AND ENTRY OF THE CONSENT DECREE: THE COURT, HAVING CONSIDERED the pleadings, law, underlying facts and having reviewed this proposed Consent Decree, FINDS AS FOLLOWS: This Court has jurisdiction over the Action under 28 U.S.C. 1331 and 42 U.S.C. 12188; The provisions of this Consent Decree shall be binding upon the Parties; This Consent Decree is for settlement purposes only and does not constitute an admission by Defendant of any of the allegations contained in the Complaint or any other pleading in this Action, nor does it constitute any finding of liability against Defendant; The Court's jurisdiction over this matter shall continue for 36 months; and This Consent Decree shall be deemed as adjudicating, once and for all, the merits of each and every claim, matter, and issue that was alleged, or could have been alleged by Plaintiff in the Action based on, or arising out of, or in connection with, the allegations in the Complaint. NOW THEREFORE, the Court approves the Consent Decree and in doing so specifically adopts it and makes it an Order of the Court. ( As further set forth in this Order.) Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. Jetson Electric Bikes LLC terminated. (Signed by Judge Jesse M. Furman on 10/27/2022) (vfr)
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| Filing 13 LETTER addressed to Judge Jesse M. Furman from Peter T. Shapiro dated October 27, 2022 re: Judicial Approval of Consent Decree. Document filed by Jetson Electric Bikes LLC. (Attachments: #1 Text of Proposed Order Proposed Consent Decree).(Shapiro, Peter) |
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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. 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. Any motion to amend or to join additional parties shall be filed no later than 9/30/2022. Motions for class certification due by 3/1/2023. Responses due by 4/3/2023 Replies due by 5/1/2023. Deposition due by 12/28/2022. Fact Discovery due by 12/28/2022. Expert Discovery due by 12/28/2022. This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 3-5 days. Telephone Conference set for 1/4/2023 at 03:00 PM before Judge Jesse M. Furman. Unless and until the Court orders otherwise, the conference will be held remotely by telephone in accordance with Paragraph 2.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. The Court sees no need for an initial pretrial conference. The parties should note the date of the next pretrial conference on the previous page. In the Court's experience, expert discovery and fact discovery can proceed in parallel in cases of this type; accordingly, the Court has changed the deadline for expert discovery to coincide with the deadline for fact discovery. The Court has also adjusted the deadline for initial disclosures, as the parties have not indicated why additional time would be required. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/11/22) (yv)
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| Filing 11 JOINT LETTER addressed to Judge Jesse M. Furman from Edward Y. Kroub and Colby Berman dated August 10, 2022 re: The Court's 6/2/2022 Order. Document filed by Jose Quezada. (Attachments: #1 Exhibit Proposed Case Management Plan).(Kroub, Edward) |
| Filing 10 CERTIFICATE OF SERVICE of Summons and Complaint. Jetson Electric Bikes LLC served on 6/22/2022, answer due 7/13/2022. Service was made by Electronic Mail. Document filed by Jose Quezada..(Kroub, Edward) |
| Filing 9 NOTICE OF APPEARANCE by Colby Berman on behalf of Jetson Electric Bikes LLC..(Berman, Colby) |
| Filing 8 NOTICE OF APPEARANCE by Peter T. Shapiro on behalf of Jetson Electric Bikes LLC..(Shapiro, Peter) |
| Filing 7 ANSWER to #1 Complaint. Document filed by Jetson Electric Bikes LLC..(Shapiro, Peter) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jetson Electric Bikes LLC..(Shapiro, Peter) |
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Filing 5
ORDER. No later than the earlier of 100 days from the date of this Order or two weeks after Defendant appears in the case, the parties shall file a joint letter (unless Defendant has not appeared, in which case Plaintiff shall file the letter individually), not to exceed two pages, including the following information in separately numbered paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/2/22) (yv)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Jetson Electric Bikes LLC..(gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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 Jennifer Willis 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 Jetson Electric Bikes LLC, re: #1 Complaint. Document filed by Jose Quezada..(Kroub, Edward) |
| Filing 2 CIVIL COVER SHEET filed..(Kroub, Edward) |
| Filing 1 COMPLAINT against Jetson Electric Bikes LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26225108)Document filed by Jose Quezada..(Kroub, Edward) |
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| Plaintiff: Jose Quezada | |
| Represented By: | Edward Y. Kroub |
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| Defendant: Jetson Electric Bikes LLC | |
| Represented By: | Colby Berman |
| Represented By: | Peter T. Shapiro |
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