Davis v. CarRental8, LLC
| Kevin Davis |
| CarRental8, LLC |
| 1:2022cv04928 |
| June 13, 2022 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| 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 15 MEMO ENDORSEMENT on re: #14 Notice (Other) filed by Kevin Davis. ENDORSEMENT: Application GRANTED. Plaintiff shall file an Amended Complaint by August 19, 2022. Defendant shall file an answer or otherwise respond to the Amended Complaint by September 9, 2022., (CarRental8, LLC answer due 9/9/2022.)( Amended Pleadings due by 8/19/2022.) (Signed by Judge Lorna G. Schofield on 8/11/22) (yv) |
| Filing 14 NOTICE of Consent to Amend the Complaint. Document filed by Kevin Davis..(Kroub, Edward) |
Filing 13
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. See 28 U.S.C. 636(c). Amended Pleadings due by 9/10/2022. Joinder of Parties due by 9/10/2022. Motions due by 2/20/2023. Responses due by 3/20/2023 Replies due by 4/20/2023. Deposition due by 12/8/2022. Fact Discovery due by 12/8/2022. Expert Discovery due by 1/20/2023. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 3-5 days. Telephone Conference set for 2/8/2023 at 04:00 PM before Judge Lorna G. Schofield. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court's Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Courts calendar. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. (Signed by Judge Lorna G. Schofield on 8/4/2022) (mml)
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Filing 12
ORDER: It is hereby ORDERED that the August 10, 2022, initial pretrial conference is cancelled. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendant seek to file a motion to dismiss, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 8/4/2022) (tg)
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| Filing 11 JOINT LETTER addressed to Judge Lorna G. Schofield from Edward Y. Kroub and David Stein dated August 1, 2022 re: The Court's 06/24/2022 Order. Document filed by Kevin Davis. (Attachments: #1 Exhibit Proposed Case Management Plan).(Kroub, Edward) |
| Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint served. CarRental8, LLC served on 7/16/2022, answer due 8/8/2022. Service was accepted by Rachel A., Employee. Document filed by Kevin Davis..(Kroub, Edward) |
| Filing 9 CERTIFICATE OF SERVICE of the Court's June 24, 2022 Order, Docket No. 6 served on CarRental8, LLC on July 5, 2022. Service was made by Electronic Mail. Document filed by Kevin Davis..(Kroub, Edward) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CarRental8, LLC..(Stein, David) |
| Filing 7 NOTICE OF APPEARANCE by David Stein on behalf of CarRental8, LLC..(Stein, David) |
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Filing 6
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephone conference will be held on August 10, 2022 at 4:00 p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. IPTC Materials Due: 8/03/2022 at noon. And as set forth herein.Telephonic Initial Conference set for 8/10/2022 at 04:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 6/24/2022) (ama)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to CarRental8, LLC. (vf) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to CarRental8, LLC, re: #1 Complaint. Document filed by Kevin Davis..(Kroub, Edward) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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 Katharine H. Parker 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Edward Y. Kroub to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the date field on the official A.O. Summons form was completed by the attorney. 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) |
| Filing 3 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to CarRental8, LLC, re: #1 Complaint. Document filed by Kevin Davis..(Kroub, Edward) Modified on 6/14/2022 (vf). |
| Filing 2 CIVIL COVER SHEET filed..(Kroub, Edward) |
| Filing 1 COMPLAINT against CarRental8, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26272421)Document filed by Kevin Davis..(Kroub, Edward) |
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| Plaintiff: Kevin Davis | |
| Represented By: | Edward Y. Kroub |
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| Defendant: CarRental8, LLC | |
| Represented By: | David Stein |
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