Matzura v. Artiphon, Inc.
| Steven Matzura |
| Artiphon, Inc. |
| 1:2023cv03238 |
| April 18, 2023 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 12
STIPULATION EXTENDING TIME FOR DEFENDANT TO ANSWER: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs, STEVEN MATZURA, on behalf of himself and all other persons similarly situated ("Plaintiff") and Defendant ARTIPHON, INC., ("Defendant") through their respective undersigned attorneys, that the time for Defendant, to answer, move or otherwise respond to Plaintiff's Complaint is hereby extended through and including Friday, July 14, 2023. IT IS FURTHER STIPULATED that this Stipulation may be executed by facsimile or other electronic means (e.g., pdf) in lieu of the original. The parties are reminded that, pursuant to the Court's Individual Rules and Practices, any requests for extensions of time must be submitted by letter-motion, and at least 48 hours before the deadline. Nevertheless, application GRANTED. SO ORDERED. Artiphon, Inc. answer due 7/14/2023. (Signed by Judge Jesse M. Furman on 6/15/2023) (vfr)
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| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by Steven Matzura..(LaBollita, Michael) |
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Filing 10
ORDER: Defendant in this action appears to be in default. 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. If Plaintiff's counsel submits calculations in support of any motion for default judgment, Plaintiff's counsel shall also email native versions of the files with the calculations (i.e., versions of the files in their original format, such as in ".xlsx") to Chambers at Furman_NYSDChambers@nysd.uscourts.gov. If or when a motion for default judgment is filed, the Court will enter a further Order setting a deadline for any opposition and reply and scheduling a show cause hearing. If no motion for default judgment is filed by the deadline set forth above, the case may be dismissed for failure to prosecute without further notice to the parties. 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 6/14/2023) (vfr)
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| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. Artiphon, Inc. served on 5/16/2023, answer due 6/6/2023. Service was accepted by Sue Zouky, Agent NYS Sect. of State. Document filed by Steven Matzura..(LaBollita, Michael) |
| Filing 8 CERTIFICATE OF SERVICE of Order (Dkt. 6), Your Honors Individual Rules of Practice in Civil Cases served on Artiphon, Inc. on 04/19/23. Document filed by Steven Matzura..(LaBollita, Michael) |
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Filing 7
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Barbara C. Moses. No later than one week after an answer is filed, the parties shall contact the chambers of Magistrate Judge Moses to schedule a settlement conference to take place at least two weeks before the initial pretrial conference. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/19/2023) (ama)
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Filing 6
ORDER REGARDING EARLY SETTLEMENT CONFERENCE AND THE INITIAL PRETRIAL CONFERENCE: Plaintiff alleges that Defendant's 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. In the Court's experience, cases involving such claims almost always settle, often even before the initial pretrial conference. To that end, by separate Order to be entered today, the Court is referring this case to the assigned Magistrate Judge for settlement purposes. Unless and until the Court orders otherwise, no later than one week after an answer is filed, the parties shall contact the Chambers of the assigned Magistrate Judge to schedule a settlement conference to take place at least two weeks before the initial pretrial conference scheduled below. Separate and apart from the foregoing, unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on August 3, 2023, at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) 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 forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. And as set forth herein. SO ORDERED.Telephonic Initial Conference set for 8/3/2023 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 4/19/2023) (ama)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Artiphon, Inc. (vf) |
| Filing 4 NOTICE OF APPEARANCE by Jeffrey Michael Gottlieb on behalf of Steven Matzura..(Gottlieb, Jeffrey) |
| 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. (vf) |
| 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..(vf) |
| Case Designated ECF. (vf) |
| Filing 3 CIVIL COVER SHEET filed..(LaBollita, Michael) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Artiphon, Inc., re: #1 Complaint. Document filed by Steven Matzura..(LaBollita, Michael) |
| Filing 1 COMPLAINT against Artiphon, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27624570)Document filed by Steven Matzura..(LaBollita, Michael) |
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| Plaintiff: Steven Matzura | |
| Represented By: | Jeffrey Michael Gottlieb |
| Represented By: | Michael A. LaBollita |
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| Defendant: Artiphon, Inc. | |
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