Toro v. Cca and B, LLC
| Andrew Toro |
| Cca and B, LLC |
| 1:2022cv08329 |
| September 29, 2022 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12132 Americans with Disabilities Act - Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 15, 2022. A more recent docket listing may be available from PACER.
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Filing 10
MEMO ENDORSEMENT on re: #9 Proposed Consent Order filed by Cca and B, LLC. ENDORSEMENT 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 indicated at 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. The Court also takes no position on whether Plaintiff is acting as a private Attorney General. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 12/15/2022) (jca)
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| Filing 9 PROPOSED CONSENT ORDER. Document filed by Cca and B, LLC..(DiPalma, Joseph) |
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Filing 8
ORDER OF DISMISSAL The Court having been advised at ECF No. 7 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 11/29/2022) (jca)
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| Filing 7 NOTICE of Settlement . Document filed by Andrew Toro..(Khaimov, Mars) |
| Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint served. Cca and B, LLC served on 10/19/2022, answer due 11/9/2022. Service was accepted by Tina Hickleberry, Brand protection manger. Document filed by Andrew Toro..(Khaimov, Mars) |
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Filing 5
ORDER: This case has been assigned to me for all purposes. It is hereby: ORDERED that, within thirty (30) days of service of the summons and complaint, the parties must meet and confer for at least one hour in a good-faith attempt to settle this action. To the extent the parties are unable to settle the case themselves, they must also discuss whether further settlement discussions through the district's court-annexed mediation program or before a magistrate judge would be productive at this time. IT IS FURTHER ORDERED that within fifteen (15) additional days (i.e., within forty-five (45) days of service of the summons and complaint), the parties must submit a joint letter informing the Court whether the parties have settled. If the parties do not reach a settlement, the parties shall in the joint letter request that the Court (1) refer the case to mediation or a magistrate judge for a settlement conference (and indicate a preference between the two options), or (2) proceed with an initial status conference. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/3/2022) (vfr)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Cca and B, LLC..(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Cca and B, LLC, re: #1 Complaint. Document filed by Andrew Toro..(Khaimov, Mars) |
| Filing 2 CIVIL COVER SHEET filed..(Khaimov, Mars) |
| Filing 1 COMPLAINT against Cca and B, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26752410)Document filed by Andrew Toro..(Khaimov, Mars) |
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| Plaintiff: Andrew Toro | |
| Represented By: | Mars Khaimov |
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| Defendant: Cca and B, LLC | |
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