Mejia v. American Behavioral Research Institute, LLC
| Richard Mejia |
| American Behavioral Research Institute, LLC |
| 1:2022cv05770 |
| July 7, 2022 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Analisa Torres |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 The Americans with Disabilities Act of 1990 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 25, 2022. A more recent docket listing may be available from PACER.
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Filing 29
CONSENT DECREE: THE COURT, HAVING CONSIDERED the pleadings, law, underlying facts and having reviewed this proposed Consent Decree, FINDS AS FOLLOWS: This Court has personal jurisdiction over Plaintiff and Defendant for the purposesof this lawsuit pursuant to 28 U.S.C. 1331; The provisions of this Consent Decree shall be binding upon the Parties; Entry of this Consent Decree is in the public interest; 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 lawsuit, nor does it constitute any finding of liability against Defendant; The Plaintiff is acting as a private attorney general in bringing this lawsuit and enforcing the ADA; 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 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. The Court is not retaining jurisdiction to enforce this contract. Although denominated as a "consent decree" in a case brought as a putative class action, this is a contract between two parties. Pursuant to the Court's Individual Rules, the Court will not retain jurisdiction unless the terms of the parties' settlement agreement are on the public record. Here, as indicatedat paragraphs 15 and 25, the entire terms of the parties' agreement have not been placed on the record. The Court takes no position on whether all persons with vision disabilities are, in fact, third party beneficiaries of this contract such that anyone other than the parties to the contract could enforce it. In addition, the Court takes no position on whether Plaintiff is actingas a private Attorney General. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/25/2022) (ama)
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| Filing 28 PROPOSED CONSENT ORDER. Document filed by American Behavioral Research Institute, LLC..(DiPalma, Joseph) |
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Filing 26
ORDER OF DISMISSAL: The Court having been advised at ECF No. 25 that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. 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 by the deadline to reopen 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 pending motions are moot. All conferences are cancelled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/13/2022) (ks)
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| Filing 25 NOTICE of Settlement . Document filed by Richard Mejia..(Kroub, Edward) |
| Filing 24 JOINT LETTER addressed to Judge Jennifer L. Rochon from Edward Y. Kroub and Joseph J. DiPalma dated 10/3/2022 re: Courts Order of September 19, 2022. Document filed by Richard Mejia..(Kroub, Edward) |
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Filing 23
ORDER granting #21 Letter Motion for Extension of Time. The deadline for the mediator to be assigned is extended from September 21, 2022 to November 21, 2022. This extension will have no effect on any other dates or deadlines in this action. Counsel are reminded to comply with Judge Rochon's Individual Rules of Practice in Civil Cases, including that all requests for extensions of time must state the original due date sought to be extended. SO ORDERED.. (Signed by Judge Jennifer L. Rochon on 9/19/2022) (jca) Transmission to Mediation Clerk for processing.
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Filing 22
NOTICE OF REASSIGNMENT This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previously-scheduled appearances or conferences before the District Court are hereby adjourned pending further notice from the Court. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The joint letter shall not exceed four (4) pages. If this case has been settled or otherwise terminated, counsel need not submit such letter or appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the joint letter submission deadline, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions 13.17-13.19, available at http://nysd.uscourts.gov /ecf_filing.php. Requests for extensions or adjournment of dates not affected by this Order may be made only in accordance with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/19/2022) (jca)
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| Filing 21 JOINT LETTER MOTION for Extension of Time to Conduct Mediation addressed to Judge Jennifer L. Rochon from Edward Y. Kroub and Joseph J. DiPalma dated 09/16/2022. Document filed by Richard Mejia..(Kroub, Edward) |
| NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Analisa Torres is no longer assigned to the case. (nb) |
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Filing 20
ORDER This case is referred for mediation to the District's Mediation Program. Local Rule 83.9 shall govern the mediation and the parties are directed to participate in the mediation in good faith. The mediation will have no effect on scheduling orders issued by this Court. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 9/21/2022. (Signed by Judge Analisa Torres on 9/7/2022) (jca)
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Filing 19
CIVIL CASEMANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26(f)(3), Fed. R. Civ. P. All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. All counsel must meet face-to-face for at least one hour to discuss settlement within fourteen (14) days following the close of fact discovery. Counsel for the parties have conferred and their present best estimate of the length of trial is: 3 days. Deposition due by 12/12/2022. Fact Discovery due by 1/5/2023. Expert Discovery due by 2/20/2023. Case Management Conference set for 1/18/2023 at 11:30 AM before Judge Analisa Torres. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 9/7/2022) (jca)
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Filing 18
SUBSTITUTION OF COUNSEL: IT IS HEREBY AGREED, CONSENTED AND STIPULATED that the attorneys of record for Defendant AMERICAN BEHAVIORAL RESEARCH INSTITUTE, LLC, in the above captioned matter, WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP, be substituted and changed for all intents and purposes to the law firm of JACKSON LEWIS P.C. IT IS ALSO FURTHER STIPULATED AND AGREED that a faxed/e-signature may be provided herein as if an original. This Substitution of Counsel may be executed in counterparts. SO ORDERED. Attorney Adam Ross Bialek and Nicole Haimson terminated. (Signed by Judge Analisa Torres on 9/7/2022) (jca)
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| Filing 17 JOINT LETTER addressed to Judge Analisa Torres from Edward Y. Kroub & Joseph DiPalma dated September 6, 2022 re: The Court's 7/8/2022 Order. Document filed by Richard Mejia. (Attachments: #1 Exhibit Proposed Case Management Plan).(Kroub, Edward) |
| Filing 16 JOINT LETTER addressed to Judge Analisa Torres from Edward Y. Kroub & Joseph DiPalma dated September 6, 2022 re: The Court's 7/8/2022 Order. Document filed by Richard Mejia..(Kroub, Edward) |
| Filing 15 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by American Behavioral Research Institute, LLC..(DiPalma, Joseph) |
| Filing 14 NOTICE OF APPEARANCE by Joseph James DiPalma on behalf of American Behavioral Research Institute, LLC..(DiPalma, Joseph) |
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Filing 13
ORDER granting #11 Letter Motion for Extension of Time to Answer re #11 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Analisa Torres from Adam R. Bialek dated August 26, 2022., #1 Complaint. GRANTED. SO ORDERED. American Behavioral Research Institute, LLC answer due 10/3/2022. (Signed by Judge Analisa Torres on 8/29/2022) (kv)
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| Filing 12 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Behavioral Research Institute, LLC..(Bialek, Adam) |
| Filing 11 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Analisa Torres from Adam R. Bialek dated August 26, 2022. Document filed by American Behavioral Research Institute, LLC..(Bialek, Adam) |
| Filing 10 NOTICE OF APPEARANCE by Nicole Haimson on behalf of American Behavioral Research Institute, LLC..(Haimson, Nicole) |
| Filing 9 NOTICE OF APPEARANCE by Adam Ross Bialek on behalf of American Behavioral Research Institute, LLC..(Bialek, Adam) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint served. American Behavioral Research Institute, LLC served on 8/12/2022, answer due 9/2/2022. Service was accepted by Sophia Hernandez, Service Clerk for Registered Agent. Document filed by Richard Mejia..(Kroub, Edward) |
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Filing 7
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 7/08/2022) (ama)
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Filing 6
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by September 6, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. And as set forth herein. SO ORDERED. (Signed by Judge Analisa Torres on 7/08/2022) (ama)
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Filing 5
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by September 6, 2022, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by September 6, 2022, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 7/08/2022) (ama)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to American Behavioral Research Institute, LLC. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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 American Behavioral Research Institute, LLC, re: #1 Complaint. Document filed by Richard Mejia..(Kroub, Edward) |
| Filing 2 CIVIL COVER SHEET filed..(Kroub, Edward) |
| Filing 1 COMPLAINT against American Behavioral Research Institute, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26380451)Document filed by Richard Mejia..(Kroub, Edward) |
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| Plaintiff: Richard Mejia | |
| Represented By: | Edward Y. Kroub |
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| Defendant: American Behavioral Research Institute, LLC | |
| Represented By: | Joseph James DiPalma |
| Represented By: | Adam Ross Bialek |
| Represented By: | Nicole Haimson |
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