Cromitie v. NEMS, Inc.
| Seana Cromitie |
| NEMS, Inc. a/k/a Xtreme Discount Mattress, Inc. |
| 1:2022cv06959 |
| August 16, 2022 |
| US District Court for the Southern District of New York |
| Barbara C Moses |
| Jennifer L Rochon |
| 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 14
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Courts 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, and shall provide the following information, to the extent it is relevant, in separate paragraphs, as further set forth herein. 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. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/16/2022) (vfr)
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| NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Jesse M. Furman is no longer assigned to the case. (nb) |
| Filing 13 CERTIFICATE OF SERVICE of Order, Request for Certificate of Default served on NEMS, Inc. a/k/a Xtreme Discount Mattress, Inc. on 09/14/2022. Service was made by Mail. Document filed by Seana Cromitie..(Zelman, Yitzchak) |
| Filing 12 CLERK'S CERTIFICATE OF DEFAULT as to NEMS, Inc. a/k/a Xtreme Discount Mattress, Inc.(km) |
| Filing 11 AFFIDAVIT of Yitzchak Zelman, Esq. in Support. Document filed by Seana Cromitie. (Attachments: #1 Exhibit Request for Clerk's Certificate of Default).(Zelman, Yitzchak) |
| Filing 10 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Seana Cromitie..(Zelman, Yitzchak) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/14/2022 (km). |
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Filing 9
ORDER. Plaintiff shall file any motion for default judgment, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), within two weeks of the date of this Order. Plaintiff shall electronically serve a copy of this Order on Defendant within two business days from the date of this Order and shall file proof of such service within three business days of the date of this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/12/22) (yv)
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| Filing 8 SUMMONS RETURNED EXECUTED. NEMS, Inc. a/k/a Xtreme Discount Mattress, Inc. served on 8/19/2022, answer due 9/9/2022. Service was accepted by Mimi Ellerve, Manager. Document filed by Seana Cromitie..(Zelman, Yitzchak) |
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Filing 7
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, and for report and recommendation on dispositive motions, if any, pursuant to 28 U.S.C. 636(b)(1)(A) and (B). All pretrial motions and applications, including those related to scheduling and discovery, must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. (Signed by Magistrate Judge Barbara C. Moses on 8/18/2022) (ate)
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Filing 6
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/17/22) (yv)
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Filing 5
ORDER. It is hereby ORDERED that the parties must 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 so consent, counsel shall file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://www.nysd.uscourts.gov/node/754. If the parties do so, and the Court so orders the form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before the undersigned. There will be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/17/22) (yv)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to NEMS, Inc. a/k/a Xtreme Discount Mattress, Inc...(pc) |
| 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..(pc) |
| Magistrate Judge Barbara C. Moses 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to NEMS, Inc. a/k/a Xtreme Discount Mattress, Inc., re: #1 Complaint. Document filed by Seana Cromitie..(Zelman, Yitzchak) |
| Filing 2 CIVIL COVER SHEET filed..(Zelman, Yitzchak) |
| Filing 1 COMPLAINT against NEMS, Inc. a/k/a Xtreme Discount Mattress, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26552823)Document filed by Seana Cromitie..(Zelman, Yitzchak) |
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| Plaintiff: Seana Cromitie | |
| Represented By: | Yitzchak Zelman |
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| Defendant: NEMS, Inc. a/k/a Xtreme Discount Mattress, Inc. | |
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