Cordero v. Polar Electro Inc.
| Rafael Cordero |
| Polar Electro Inc. |
| 1:2022cv05688 |
| July 5, 2022 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| 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 13
SCHEDULING ORDER terminating #11 Letter Motion for Conference re: #11 LETTER MOTION for Conference /Pre-Motion Conference re Motion to Dismiss, addressed to Judge Mary Kay Vyskocil from Christine N. Walz dated August 16, 2022. The Defendant submitted a request for a pre-motion conference on its anticipated motion to dismiss the Plaintiff's complaint (ECF #11). In light of Defendant's letter request, Plaintiff requests leave to submit an amended complaint (ECF #12). After reviewing the arguments set out in the parties' submissions, the motion for a pre-motion conference is DENIED, Plaintiff is GRANTED leave to file an amended complaint, and Defendant is GRANTED leave to file a motion to dismiss on the schedule set forth below. IT IS FURTHER ORDERED that on or before September 9, 2022, Plaintiff shall file his amended complaint. This will be Plaintiff's last opportunity to amend the complaint in response to arguments raised in the parties' letters. IT IS FURTHER ORDERED that Defendant must respond to any amended complaint within 14 days of its filing. In the event Defendant files a new motion to dismiss, the briefing for that motion will be on the schedule set forth in Local Rule 6.1(b). Any request for an extension or adjournment shall be made by letter filed on ECF and must be received at least 48 hours before the deadline. The clerk of Court is respectfully requested to terminate docket entry 11. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/22/2022) (tg)
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Set/Reset Deadlines: Amended Pleadings due by 9/9/2022. (tg)
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Filing 12
LETTER RESPONSE in Opposition to Motion addressed to Judge Mary Kay Vyskocil from Edward Y. Kroub dated 08/19/2022 re: #11 LETTER MOTION for Conference /Pre-Motion Conference re Motion to Dismiss, addressed to Judge Mary Kay Vyskocil from Christine N. Walz dated August 16, 2022. . Document filed by Rafael Cordero. (Attachments: #1 Exhibit Return Address on Polar.com, #2 Exhibit Search Results of Defendant's Addresses).(Kroub, Edward)
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Filing 11
LETTER MOTION for Conference /Pre-Motion Conference re Motion to Dismiss, addressed to Judge Mary Kay Vyskocil from Christine N. Walz dated August 16, 2022. Document filed by Polar Electro Inc.. (Attachments: #1 Exhibit A - Search results, #2 Exhibit B - Trade Reg. Cert.).(Walz, Christine)
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***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Notice to Attorney Edward Y. Kroub re:document #6 Proposed Clerk's Certificate of Default was rejected by the Clerk's Office for the following reason(s): the motion for extension of time to answer has been granted; Please refile the Proposed Clerk's Certificate of Default after the extension of time to answer has elapsed, (nb)
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time to Answer re #9 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Mary Kay Vyskocil from Christine N. Walz dated August 9, 2022. Granted. SO ORDERED. Polar Electro Inc. answer due 8/16/2022. (Signed by Judge Mary Kay Vyskocil on 8/9/2022) (va)
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Filing 9
LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Mary Kay Vyskocil from Christine N. Walz dated August 9, 2022. Document filed by Polar Electro Inc...(Walz, Christine)
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Filing 8
NOTICE OF APPEARANCE by Christine Walz on behalf of Polar Electro Inc...(Walz, Christine)
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Filing 7
AFFIRMATION of Edward Y. Kroub in Support re: #6 Proposed Clerk's Certificate of Default. Document filed by Rafael Cordero..(Kroub, Edward)
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Filing 6
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Rafael Cordero..(Kroub, Edward) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/10/2022 (nb).
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Filing 5
SUMMONS RETURNED EXECUTED Summons and Complaint served. Polar Electro Inc. served on 7/13/2022, answer due 8/3/2022. Service was accepted by Jane Doe, Intake Clerk. Document filed by Rafael Cordero..(Kroub, Edward)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Polar Electro Inc.. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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)
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Magistrate Judge Valerie Figueredo 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)
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Case Designated ECF. (vf)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Polar Electro Inc., re: #1 Complaint. Document filed by Rafael Cordero..(Kroub, Edward)
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Filing 2
CIVIL COVER SHEET filed..(Kroub, Edward)
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Filing 1
COMPLAINT against Polar Electro Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26367496)Document filed by Rafael Cordero..(Kroub, Edward)
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| Plaintiff: Rafael Cordero | |
| Represented By: | Edward Y. Kroub |
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| Defendant: Polar Electro Inc. | |
| Represented By: | Christine Walz |
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