MacPherson v. 370 Canal Fitness Group, LLC d/b/a Planet Fitness et al
| Donald MacPherson |
| 370 Canal Fitness Group, LLC d/b/a Planet Fitness and Tribeca Ascott LLC d/b/a Sheraton Tribeca NY Hotel |
| 1:2023cv00464 |
| January 19, 2023 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Barbara C Moses |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on August 31, 2023. A more recent docket listing may be available from PACER.
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Filing 16
MEMO ENDORSEMENT on re: #15 Letter filed by Donald MacPherson. ENDORSEMENT: Application GRANTED. SO ORDERED. ( Motions due by 4/7/2023.) (Signed by Magistrate Judge Barbara C. Moses on 3/7/2023) (ate)
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| Filing 15 FIRST LETTER addressed to Magistrate Judge Barbara C. Moses from Plaintiff dated March 7, 2023 re: Status Letter and Request to extend. Document filed by Donald MacPherson..(Marks, Bradly) |
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Filing 14
ORDER: It is hereby ORDERED that, if defendants have not answered or otherwise responded to the complaint before March 7, 2023, plaintiff shall, on that date, either file a stipulation granting defendants additional time or apply for entry of default. 370 Canal Fitness Group, LLC d/b/a Planet Fitness answer due 3/7/2023; Tribeca Ascott LLC d/b/a Sheraton Tribeca NY Hotel answer due 3/7/2023. (Signed by Magistrate Judge Barbara C. Moses on 2/28/2023) (rro)
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| Filing 13 AFFIDAVIT OF SERVICE. 370 Canal Fitness Group, LLC d/b/a Planet Fitness served on 1/30/2023, answer due 2/21/2023. Service was accepted by Sue Zouky, legal clerk. Document filed by Donald MacPherson..(Marks, Bradly) |
| Filing 12 AFFIDAVIT OF SERVICE. Tribeca Ascott LLC d/b/a Sheraton Tribeca NY Hotel served on 1/30/2023, answer due 2/21/2023. Service was accepted by Sue Zouky, legal clerk. Document filed by Donald MacPherson..(Marks, Bradly) |
| Filing 11 AFFIDAVIT OF SERVICE of Copies of Judge Barbara C. Moses's Individual Part Rules and January 23, 2023 Order [Dkt. 10] served on 370 Canal Fitness Group, LLC and Tribeca Ascott LLC on January 25, 2023. Service was made by MAIL. Document filed by Donald MacPherson..(Marks, Bradly) |
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Filing 10
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, pursuant to 28 U.S.C. 636(b)(1)(A). All pretrial motions and applications, including those related to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23) 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. Parties and counsel are cautioned: 1. Once a discovery schedule has been issued, all discovery must be initiated in time to be concluded by the close of discovery set by the Court. 2. Discovery applications, including letter-motions requesting discovery conferences, must be made promptly after the need for such an application arises and must comply with Local Civil Rule 37.2 and 2(b) of Judge Moses's Individual Practices. It is the Court's practice to decide discovery disputes at the Rule 37.2 conference, based on the parties' letters, unless a party requests or the Court requires more formal briefing. Absent extraordinary circumstances, discovery applications made later than 30 days prior to the close of discovery may be denied as untimely. 3. For motions other than discovery motions, pre-motion conferences are not required, but may be requested where counsel believe that an informal conference with the Court may obviate the need for a motion or narrow the issues. 4. Requests to adjourn a court conference or other court proceeding (including a telephonic court conference) or to extend a deadline must be made in writing and in compliance with 2(a) of Judge Moses's Individual Practices. Telephone requests for adjournments or extensions will not be entertained. 5. In accordance with 1(d) of Judge Moses's Individual Practices, letters and letter-motions are limited to four pages, exclusive of attachments. Courtesy copies of letters and letter-motions filed via ECF are required only if the filing contains voluminous attachments. Courtesy copies should be delivered promptly, should bear the ECF header generated at the time of electronic filing, and should include tabs for the attachments. 6. If you are aware of any party or attorney who should receive notice in this action, other than those currently listed on the docket sheet, please notify Courtroom Deputy Tamika Kay at (212) 805-0228 immediately. 7. Pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), all depositions in this action may be taken via telephone, videoconference, or other remote means, and may be recorded by any reliable audio or audiovisual means. This Order does not dispense with the requirements set forth in Fed. R. Civ. P. 30(b)(5), including the requirement that, unless the parties stipulate otherwise, the deposition be "conducted before an officer appointed or designated under Rule 28," and that the deponent be placed under oath by that officer. For avoidance of doubt, a deposition will be deemed to have been conducted "before" an officer so long as that officer attends the deposition via the same remote means (e.g., telephone conference call or video conference) used to connect all other remote participants, and so long as all participants (including the officer) can clearly hear and be heard by all other participants. 8. Counsel for the plaintiff must serve a copy of this Order on any defendant previously served with the summons and complaint, must serve this Order along with the summons and complaint on all defendants served hereafter, and must file proof of such service with the Court. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/23/2023) (jca)
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| Filing 9 ELECTRONIC AMENDED SUMMONS ISSUED as to 370 Canal Fitness Group, LLC d/b/a Planet Fitness, Tribeca Ascott LLC d/b/a Sheraton Tribeca NY Hotel..(pc) |
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Filing 8
ORDER OF REFERENCE TO A 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 Barbara C. Moses. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/23/2023) (ks)
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| Filing 7 FILING ERROR - DUPLICATE DOCKET ENTRY -CIVIL COVER SHEET filed..(Marks, Bradly) Modified on 1/23/2023 (pc). |
| Filing 6 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to 370 CANAL FITNESS GROUP, LLC d/b/a PLANET FITNESS AND TRIBECA ASCOTT LLC d/b/a SHERATON TRIBECA NY HOTEL, re: #5 Amended Complaint. Document filed by Donald MacPherson..(Marks, Bradly) |
| Filing 5 FIRST AMENDED COMPLAINT amending #1 Complaint against 370 Canal Fitness Group, LLC d/b/a Planet Fitness, Tribeca Ascott LLC d/b/a Sheraton Tribeca NY Hotel.Document filed by Donald MacPherson. Related document: #1 Complaint..(Marks, Bradly) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to 370 Canal Fitness Group, LLC d/b/a Planet Fitness, Tribeca Ascott LLC d/b/a Sheraton Tribeca NY Hotel..(jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(jgo) |
| 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to 370 CANAL FITNESS GROUP, LLC d/b/a PLANET FITNESS AND TRIBECA ASCOTT LLC d/b/a SHERATON TRIBECA NY HOTEL, re: #1 Complaint. Document filed by Donald MacPherson..(Marks, Bradly) |
| Filing 2 CIVIL COVER SHEET filed..(Marks, Bradly) |
| Filing 1 COMPLAINT against 370 Canal Fitness Group, LLC d/b/a Planet Fitness, Tribeca Ascott LLC d/b/a Sheraton Tribeca NY Hotel. (Filing Fee $ 402.00, Receipt Number ANYSDC-27221164)Document filed by Donald MacPherson..(Marks, Bradly) |
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