DiMeglio v. DashAmerica, Inc.
| Maria DiMeglio |
| DashAmerica, Inc. doing business as Pearl Izumi USA, Inc. |
| 1:2023cv05846 |
| July 7, 2023 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 The Americans with Disabilities Act of 1990 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 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) DashAmerica, Inc.. Document filed by Maria DiMeglio. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Rozenberg, Mark) |
| Filing 12 NOTICE OF APPEARANCE by Mark Rozenberg on behalf of Maria DiMeglio..(Rozenberg, Mark) |
| Filing 11 NOTICE of Substitution of Attorney. Old Attorney: Ara Vahe Naljian, New Attorney: Mark Rozenberg, Address: Stein Saks, PLLC, One University Plaza, Suite 620, Hackensack, NJ, United States 07601, 2012826500. Document filed by Maria DiMeglio..(Naljian, Ara) |
Filing 10
ORDER: The Court has been advised that all claims asserted herein have been settled in principle. ECF No. 9. Accordingly, the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within sixty days of the date of this Order if the settlement is not consummated. Any application to reopen must be filed within sixty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same sixty-day period to be so ordered by the Court. Per Rule IV(C) of the Court's Individual Practices in Civil Cases, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Analisa Torres on 7/21/2023) (kv)
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| Filing 9 NOTICE of Settlement . Document filed by Maria DiMeglio..(Naljian, Ara) |
| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. DashAmerica, Inc. waiver sent on 7/17/2023, answer due 9/15/2023. Document filed by Maria DiMeglio..(Naljian, Ara) |
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Filing 7
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 7/11/2023) (kv)
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Filing 6
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 7/11/2023) (kv)
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Filing 5
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by September 5, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (Signed by Judge Analisa Torres on 7/11/2023) (kv)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to DashAmerica, Inc...(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| Magistrate Judge Katharine H. Parker 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) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ara Vahe Naljian. The party information for the following party/parties has been modified: Maria DiMeglio. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to DASHAMERICA, INC., re: #1 Complaint. Document filed by Maria DiMeglio..(Naljian, Ara) |
| Filing 2 CIVIL COVER SHEET filed..(Naljian, Ara) |
| Filing 1 COMPLAINT against DashAmerica, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27972099)Document filed by Maria DiMeglio..(Naljian, Ara) |
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| Plaintiff: Maria DiMeglio | |
| Represented By: | Ara Vahe Naljian |
| Represented By: | Mark Rozenberg |
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| Defendant: DashAmerica, Inc. doing business as Pearl Izumi USA, Inc. | |
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