Vachnine v. Mecox Gardens & Pottery, Inc
| Ness-Lee Vachnine, on behalf of himself and all others similarly situated and Ness-Lee Vachnine |
| Mecox Gardens & Pottery, Inc |
| 1:2023cv03926 |
| May 10, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12188 Americans With Disabilities Act - Civil Enforcement Actions |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 8 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Mecox Gardens & Pottery, Inc. Document filed by Ness-Lee Vachnine. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Levy, Gabriel) |
| Filing 7 MEMO ENDORSEMENT on re: #6 Letter,, filed by Mecox Gardens & Pottery, Inc. ENDORSEMENT: The Court is in receipt of the above letter from Mr. Hoak, President of Defendant, noting that Defendant believes it is now in compliance with the ADA. The Court cannot simply dismiss this case, as suggested by Mr. Hoak. Rather, the Court directs Mr. Hoak to discuss the above issues with Plaintiff's counsel. Unless the parties reach a resolution in this case, the Court intends to hold the initial pretrial conference on August 4, 2023, and likewise expects Defendant to adhere to any case deadlines, including any deadlines to file a response to the Complaint. The Court further notes that Defendant is a corporate entity, and thus cannot proceed in this case pro se (i.e. without counsel). Plaintiff's counsel is directed to contact Mr. Hoak, and to transmit a copy of this endorsement to him. (Signed by Judge Katherine Polk Failla on 5/24/2023) (rro) |
| Filing 6 LETTER addressed to Judge Katherine Polk Failla from W. McDowell Hoak, President of Mecox Gardens & Pottery, Inc. dated 5/22/23, re: As of 5/19/23, and in response to the recent Summons of Mecox Gardens & Pottery Inc., Mecox was made aware of the requirements of 42:12181, Americans with Disabilities Act. Mecox immediately deployed an ADA compliance function to our website, www.mecox.com, to assist those with various types of disabilities to have full and equal enjoyment of our web service etc. Document filed by Mecox Gardens & Pottery, Inc.(sc) |
Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. As further set forth by this Order. SO ORDERED. Initial Conference set for 8/4/2023 at 02:30 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 5/22/2023) (tg)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Mecox Gardens & Pottery, Inc. (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Gabriel W. Gorenstein 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gabriel Levy. The party information for the following party/parties has been modified: Ness-Lee Vachnine, on behalf of himself and all others similarly situated. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; party name entered incorrectly. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gabriel Levy. The following case opening statistical information was erroneously selected/entered: County code Nassau. The following correction(s) have been made to your case entry: the County code has been modified to Kings. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to MECOX GARDENS & POTTERY, INC., re: #1 Complaint. Document filed by Ness-Lee Vachnine, on behalf of himself and all others similarly situated..(Levy, Gabriel) |
| Filing 2 CIVIL COVER SHEET filed..(Levy, Gabriel) |
| Filing 1 COMPLAINT against Mecox Gardens & Pottery, Inc. (Filing Fee $ 402.00, Receipt Number ANYSDC-27723236)Document filed by Ness-Lee Vachnine, on behalf of himself and all others similarly situated..(Levy, Gabriel) |
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