Thorne v. Capital Music Gear LLC
Plaintiff: Braulio Thorne
Defendant: Capital Music Gear LLC
Case Number: 1:2023cv00776
Filed: January 30, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 12, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 22, 2023 Opinion or Order Filing 13 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). If and when the parties would like a referral for settlement discussions throughthe SDNY Mediation Program, they shall file a joint letter on ECF requesting such a referral. Amended Pleadings due by 5/15/2023. Joinder of Parties due by 4/28/2023. Deposition due by 6/23/2023. All Fact Discovery due by 7/27/2023. All Expert Discovery due by 9/13/2023. The parties may modify the deadlines inparagraphs 8(b) through 8(f) by mutual agreement, provided all fact discovery iscompleted by July 27, 2023. The parties have not provided a basis to extend expert discovery past the Court's default deadlines. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 3-5 days. By May 22, 2023 the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2. By August 11, 2023 the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2 and, in the event that they have not already been referred for settlement discussions, shall also advise the Court whether or not they request a referral for settlement discussions as provided in Paragraph 4(c) above. A Pre-Motion Conference set for 10/4/2023 at 04:10 PM before Judge Lorna G. Schofield. To join the conference, the parties shall call (888) 363-4749 and use Access Code:558-3333. And as set forth herein. SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/22/2023) (ama)
March 22, 2023 Opinion or Order Filing 12 ORDER: It is hereby ORDERED that the March 29, 2023, initial pretrial conference is cancelled. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated and rescheduled for a later date. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendants seek to file a motion to dismiss the Complaint, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED that when the parties would like a referral for settlement discussions through the S.D.N.Y. Mediation Program, they shall file a joint letter on ECF requesting such a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 3/22/2023) (ama)
March 22, 2023 Opinion or Order Filing 11 PROPOSED CASE MANAGEMENT PLAN. Document filed by Braulio Thorne. (Attachments: #1 Exhibit Joint Status Letter).(LaBollita, Michael)
March 15, 2023 Opinion or Order Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Capital Music Gear LLC waiver sent on 3/14/2023, answer due 5/15/2023. Document filed by Braulio Thorne..(LaBollita, Michael)
February 27, 2023 Opinion or Order Filing 9 STIPULATION TO EXTEND TIME TO FILE RESPONSIVE PLEADING: NOW THEREFORE, the said parties, by their attorneys, stipulate as follows: The time for Defendant to answer or move with respect to the Complaint in the above-captioned lawsuit is hereby extended until and through April 10, 2023. The parties are apprised that the deadline to submit the joint letter and proposed case management plan and the date of the initial conference remain unchanged. SO ORDERED., Capital Music Gear LLC answer due 4/10/2023., Motions terminated: #8 MOTION for Extension of Time to File Answer filed by Capital Music Gear LLC. (Signed by Judge Lorna G. Schofield on 2/27/2023) (ama)
February 24, 2023 Opinion or Order Filing 8 MOTION for Extension of Time to File Answer . Document filed by Capital Music Gear LLC..(Skrabanek, John)
February 20, 2023 Opinion or Order Filing 7 CERTIFICATE OF SERVICE of Order (Dkt. 6), Your Honors Individual Rules of Practice in Civil Cases served on Capital Music Gear LLC on 02/17/23. Document filed by Braulio Thorne..(LaBollita, Michael)
February 17, 2023 Opinion or Order Filing 6 ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on March 29, 2023 at 4:10 p.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. IT IS FURTHER ORDERED that the parties shall file a joint letter on ECF by March 22, 2023 at noon, not to exceed five (5) pages, providing the following information in separate paragraphs: as set forth herein. Counsel who have noticed an appearance as of the issuance of this order are directed (i) to notify all other parties' attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules forthwith, and (ii) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must send a copy of this order and Individual Rules to that party personally. DATE AND TIME OF TELEPHONIC CONFERENCE March 29, 2023 at 4:10 p.m. IPTC MATERIALS DUE: March 22, 2023 at noon. Telephonic Initial Conference set for 3/29/2023 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 2/17/2023) (ama)
January 31, 2023 Opinion or Order Filing 5 ELECTRONIC SUMMONS ISSUED as to Capital Music Gear LLC..(pc)
January 31, 2023 Opinion or Order 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)
January 31, 2023 Opinion or Order 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..(pc)
January 31, 2023 Opinion or Order Case Designated ECF. (pc)
January 30, 2023 Opinion or Order Filing 4 NOTICE OF APPEARANCE by Jeffrey Michael Gottlieb on behalf of Braulio Thorne..(Gottlieb, Jeffrey)
January 30, 2023 Opinion or Order Filing 3 CIVIL COVER SHEET filed..(LaBollita, Michael)
January 30, 2023 Opinion or Order Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Capital Music Gear LLC, re: #1 Complaint. Document filed by Braulio Thorne..(LaBollita, Michael)
January 30, 2023 Opinion or Order Filing 1 COMPLAINT against Capital Music Gear LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27270529)Document filed by Braulio Thorne..(LaBollita, Michael)

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Plaintiff: Braulio Thorne
Represented By: Jeffrey Michael Gottlieb
Represented By: Michael A. LaBollita
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Defendant: Capital Music Gear LLC
Represented By: John Robert Skrabanek
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