Licea et al v. Consensus Cloud Solutions, Inc. et al
| Luis Licea and John Panarese |
| Consensus Cloud Solutions, Inc. and J2 Cloud Services, LLC |
| 1:2022cv10427 |
| December 9, 2022 |
| US District Court for the Southern District of New York |
| Sarah Netburn |
| Jennifer H Rearden |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 cv Fed. Question: Other Civil Rights |
| Plaintiff |
Docket Report
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Filing 27
ORDER OF DISMISSAL: The Court, having been advised at ECF No. 26 that the parties have reached a settlement, hereby ORDERS 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 30 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. Further, requests to extend the deadline to reopen are unlikely to be granted. 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 6.A 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 H. Rearden on 3/9/2023) (va)
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| Filing 26 NOTICE of Settlement . Document filed by Luis Licea, John Panarese..(Clark, Gerald) |
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Filing 25
ORDER: On February 17, 2023, the Defendants filed a Motion to Dismiss. See ECF No. 20. Plaintiffs shall file their opposition by March 20, 2023. Defendants shall file their reply brief by April 3, 2023. SO ORDERED., ( Responses due by 3/20/2023, Replies due by 4/3/2023.) (Signed by Magistrate Judge Sarah Netburn on 2/27/2023) (ama)
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Filing 24
ORDER: Pursuant to the Courts Order dated February 8, 2023, the parties are required to confer regarding whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all proceedings before the assigned Magistrate Judge. See ECF No. 17. By no later than March 3, 2023, the parties shall file either a fully executed Notice, Consent, and Reference of Civil Action to a Magistrate Judge form, or if any party does not consent to conducting all proceedings before the assigned Magistrate Judge, file a joint letter advising the Court that the parties do not so consent. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 2/24/2023) (ks)
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| Filing 23 MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss . . Document filed by Consensus Cloud Solutions, Inc., J2 Cloud Services, LLC..(DiPalma, Joseph) |
| Filing 22 DECLARATION of Laura Hinson in Support re: #20 MOTION to Dismiss .. Document filed by Consensus Cloud Solutions, Inc., J2 Cloud Services, LLC..(DiPalma, Joseph) |
| Filing 21 AFFIRMATION of Joseph J. DiPalma in Support re: #20 MOTION to Dismiss .. Document filed by Consensus Cloud Solutions, Inc., J2 Cloud Services, LLC. (Attachments: #1 Exhibit A - Unreported Cases, #2 Exhibit B - Hinson Declaration).(DiPalma, Joseph) |
| Filing 20 MOTION to Dismiss . Document filed by Consensus Cloud Solutions, Inc., J2 Cloud Services, LLC..(DiPalma, Joseph) |
| Filing 19 NOTICE of Motion to Dismiss re: #1 Complaint. Document filed by Consensus Cloud Solutions, Inc., J2 Cloud Services, LLC..(DiPalma, Joseph) |
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Filing 18
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). Referred to Magistrate Judge Sarah Netburn. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 2/8/2023) (vfr)
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Filing 17
ORDER: Plaintiffs allege that Defendants' website is not accessible to blind and visually impaired customers and, thus, violates Title III of the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12181 et seq. By separate Order today, the Court is referring this case to the assigned Magistrate Judge for General Pretrial Purposes, including settlement. In addition, 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 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/forms/consent-proceed-us-magistrate-judge. 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. (Signed by Judge Jennifer H. Rearden on 2/8/2023) (ate)
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Filing 16
NOTICE OF REASSIGNMENT: This case has been reassigned to this Court. All counsel must familiarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-h-rearden. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the 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 Judge are hereby adjourned pending further notice from the Court. If this case has been settled or otherwise terminated, counsel should ensure that a stipulation of discontinuance, voluntary dismissal, or other appropriate proof of termination is filed on the docket, using the proper ECF Filing Event. See S.D.N.Y. Electronic Case Filing Rules & Instructions 13.17-13.18, 13.20. 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-h-rearden. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 2/7/2023) (tg)
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| NOTICE OF CASE REASSIGNMENT to Judge Jennifer H. Rearden. Judge Lorna G. Schofield is no longer assigned to the case. (nb) |
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Filing 15
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on March 8, 2023 at 4:00p.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, as further set forth. Initial Conference set for 3/8/2023 at 04:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/25/2023) (mml)
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Filing 14
ORDER granting #13 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint - Jointly agreed upon request for an extension of the deadline for Defendant to answer, move or otherwise respond to the Complaint. Application GRANTED. Defendants' deadline to answer or otherwise respond to the Complaint is extended to February 18, 2023. Consensus Cloud Solutions, Inc. answer due 2/18/2023; J2 Cloud Services, LLC answer due 2/18/2023. (Signed by Judge Lorna G. Schofield on 1/20/2023) (mml)
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| Filing 13 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint - Jointly agreed upon request for an extension of the deadline for Defendant to answer, move or otherwise respond to the Complaint from January 18, 2023 to February 18, 2023 addressed to Judge Lorna G. Schofield from Joseph J. DiPalma dated January 19, 2023. Document filed by Consensus Cloud Solutions, Inc., J2 Cloud Services, LLC..(DiPalma, Joseph) |
| Filing 12 NOTICE OF APPEARANCE by Joseph James DiPalma on behalf of Consensus Cloud Solutions, Inc., J2 Cloud Services, LLC..(DiPalma, Joseph) |
| Filing 11 SUMMONS RETURNED EXECUTED. Consensus Cloud Solutions, Inc. served on 12/28/2022, answer due 1/18/2023. Service was accepted by Corey Edwards at Corporation Service Company, who is designated by law to accept service of process on behalf of Consensus Cloud Solutions, Inc.. Document filed by Luis Licea..(Ferrell, Scott) |
| Filing 10 AFFIDAVIT OF SERVICE. J2 Cloud Services, LLC served on 12/27/2022, answer due 1/18/2023. Service was accepted by Koy Saechao. Document filed by Luis Licea; John Panarese..(Clark, Gerald) |
| Filing 9 SUMMONS RETURNED EXECUTED. J2 Cloud Services, LLC served on 12/28/2022, answer due 1/18/2023. Service was accepted by Koy Saechao, at Corporation Service Company, who is designated by law to accept service of process on behalf of J2 Cloud Services, LLC.. Document filed by Luis Licea..(Ferrell, Scott) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to J2 Cloud Services, LLC..(nm) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Consensus Cloud Solutions, Inc...(nm) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to J2 CLOUD SERVICES, LLC, re: #1 Complaint. Document filed by Luis Licea, John Panarese..(Clark, Gerald) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to CONSENSUS CLOUD SOLUTIONS, INC., re: #1 Complaint. Document filed by Luis Licea, John Panarese..(Clark, Gerald) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gerald H. Clark to RE-FILE Document No. #4 Request for Issuance of Summons, #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Plaintiff's attorney information omitted on PDF. 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. (nm) |
| Filing 4 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to J2 CLOUD SERVICES, LLC, re: #1 Complaint. Document filed by Luis Licea, John Panarese..(Clark, Gerald) Modified on 12/20/2022 (nm). |
| Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to CONSENSUS CLOUD SOLUTIONS, INC., re: #1 Complaint. Document filed by Luis Licea, John Panarese..(Clark, Gerald) Modified on 12/20/2022 (nm). |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gerald H Clark. The party information for the following party/parties has been modified: all parties. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (gp) |
| 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..(gp) |
| Case Designated ECF. (gp) |
| Magistrate Judge Sarah Netburn 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. (gp) |
| Filing 2 CIVIL COVER SHEET filed..(Clark, Gerald) |
| Filing 1 COMPLAINT against Consensus Cloud Solutions, Inc., J2 Cloud Services, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27066349)Document filed by Luis Licea, John Panarese..(Clark, Gerald) |
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