Jimenez v. Enwild, Inc.
| Vanessa Jimenez |
| Enwild, Inc. |
| 1:2023cv06555 |
| July 27, 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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Filing 12
ORDER The Court has been informed by the parties that all claims asserted herein have been settled in principle. See ECF No. 11. Accordingly, the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. Any application to reopen must be filed within thirty 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 thirty-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. The Clerk of Court is further directed to delete "individually, and on behalf of all others similarly situated" from the case caption. SO ORDERED. (Signed by Judge Analisa Torres on 9/22/2023) (jca)
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| Filing 11 NOTICE of Settlement . Document filed by Vanessa Jimenez..(Piasecki, Ian) |
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time to Answer re #9 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint on Behalf of Defendant, Enwild, Inc. addressed to Judge Analisa Torres from Matthew M. Hennesy, Esq. dated August 23, 2023. GRANTED. SO ORDERED. Enwild, Inc. answer due 10/9/2023. (Signed by Judge Analisa Torres on 8/24/2023) (jca)
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| Filing 9 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint on Behalf of Defendant, Enwild, Inc. addressed to Judge Analisa Torres from Matthew M. Hennesy, Esq. dated August 23, 2023. Document filed by Vanessa Jimenez..(Piasecki, Ian) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint served. Enwild, Inc. served on 8/2/2023, answer due 8/23/2023. Service was accepted by Jen Stark, Administrative Assistant. Document filed by Vanessa Jimenez..(Piasecki, Ian) |
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Filing 7
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. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by September 25, 2023, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 8/2/2023) (jca)
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Filing 6
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 25, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. If this case has been settled or otherwise terminated, counsel are required to file a stipulation of discontinuance, voluntary dismissal, or other proof of termination electronically on ECF, with a courtesy copy emailed to chambers in accordance with the Court's Individual Practices. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 8/2/2023) (jca)
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Filing 5
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 8/2/2023) (jca) Modified on 8/2/2023 (jca).
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Enwild, Inc. (vf) |
| 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..(vf) |
| Magistrate Judge Sarah L. Cave 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 Designated ECF. (vf) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Enwild, Inc., re: #1 Complaint. Document filed by Vanessa Jimenez..(Piasecki, Ian) |
| Filing 2 CIVIL COVER SHEET filed..(Piasecki, Ian) |
| Filing 1 COMPLAINT against Enwild, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28066685)Document filed by Vanessa Jimenez..(Piasecki, Ian) |
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| Plaintiff: Vanessa Jimenez | |
| Represented By: | Ian Piasecki |
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| Defendant: Enwild, Inc. | |
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