Delacruz v. Plump P&C, LLC
| Emanuel Delacruz |
| Plump P&C, LLC |
| 1:2023cv05027 |
| June 14, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 12
CONSENT DECREE AND ORDER THE COURT, HAVING CONSIDERED the pleadings, law, underlying facts and having reviewed the proposed Consent Decree, FINDS AS FOLLOWS: 1) This Court has jurisdiction over the Action under 28 U.S.C. 1331 and 42 U.S.C. 12188; 2) The provisions of this Consent Decree shall be binding upon the Parties; 3) This Consent Decree is for settlement purposes only and does not constitute an admission by Defendant of any of the allegations contained in the Complaint or any other pleading in this Action, nor does it constitute any finding of liability against Defendant; 4) The Court's jurisdiction over this matter shall continue for 36 months; and 5) This Consent Decree shall be deemed as adjudicating, once and for all, the merits of each and every claim, matter, and issue that was alleged, or could have been alleged by Plaintiff in the Action based on, or arising out of, or in connection with, the allegations in the Complaint. NOW THEREFORE, the Court approved the Consent Decree and is doing so specifically adopts it and makes it an Order of the Court. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/8/2023) (jca)
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Filing 11
MEMO ENDORSEMENT on re: #10 Letter, filed by Plump P&C, LLC. ENDORSEMENT: Application GRANTED. The Court will separately enter the Consent Decree and Order. The Clerk of Court is directed to adjourn all remaining deadlines, terminate all pending motions, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/8/2023) (vfr)
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| Filing 10 JOINT LETTER addressed to Judge Katherine Polk Failla from Christopher M. Curci, Esq. dated August 8, 2023 re: Request for Approval of Consent Decree and Order. Document filed by Plump P&C, LLC. (Attachments: #1 Proposed Order Consent Decree and Order).(Curci, Christopher) |
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Filing 9
ORDER: The Court is in receipt of Defendant's executed waiver of service filed July 19, 2023, which sets forth an answer deadline of September 8, 2023. (Dkt. #8). To allow the parties sufficient time to prepare for the initial pretrial conference, the conference currently scheduled for August 25, 2023, is hereby ADJOURNED to September 21, 2023, at 3:00 p.m. Initial Conference set for 9/21/2023 at 03:00 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 7/20/2023) (rro)
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| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Plump P&C, LLC waiver sent on 7/10/2023, answer due 9/8/2023. Document filed by Emanuel Delacruz..(Gottlieb, Dana) |
| Filing 7 CERTIFICATE OF SERVICE of Judge Failla's Order Dated June 22 and Her Honor's Individual Rules served on Plump P&C, LLC on June 23, 2023. Service was made by electronic mail. Document filed by Emanuel Delacruz..(Gottlieb, Dana) |
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on August 25, 2023, at 2:30 p.m. 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. Initial Conference set for 8/25/2023 at 02:30 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 6/22/2023) (rro)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Plump P&C, LLC..(jgo) |
| Filing 4 NOTICE OF APPEARANCE by Jeffrey Michael Gottlieb on behalf of Emanuel Delacruz..(Gottlieb, Jeffrey) |
| Magistrate Judge Ona T. Wang 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 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..(jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 CIVIL COVER SHEET filed..(Gottlieb, Dana) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Plump P&C, LLC, re: #1 Complaint. Document filed by Emanuel Delacruz..(Gottlieb, Dana) |
| Filing 1 COMPLAINT against Plump P&C, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27876261)Document filed by Emanuel Delacruz..(Gottlieb, Dana) |
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| Plaintiff: Emanuel Delacruz | |
| Represented By: | Dana Lauren Gottlieb |
| Represented By: | Jeffrey Michael Gottlieb |
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| Defendant: Plump P&C, LLC | |
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