Williams v. American Discount Home Medical Equipment, Inc.
| Milton Williams |
| American Discount Home Medical Equipment, Inc. |
| 1:2023cv06788 |
| August 2, 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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This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. American Discount Home Medical Equipment, Inc. waiver sent on 9/13/2023, answer due 11/13/2023. Document filed by Milton Williams..(LaBollita, Michael) |
| Filing 9 CERTIFICATE OF SERVICE of Order (Dkt. 7), Your Honors Individual Rules of Practice in Civil Cases served on American Discount Home Medical Equipment, Inc. on 09/13/23. Service was made by EMAIL. Document filed by Milton Williams..(LaBollita, Michael) |
Filing 8
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah Netburn. No later than one week after an answer is filed, the parties shall contact the chambers of Magistrate Judge Sarah Netburn 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 8/4/2023) (tg)
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Filing 7
ORDER REGARDING EARLY SETTLEMENT CONFERENCE AND THE INITIAL PRETRIAL CONFERENCE: Plaintiffs allege 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. Further, to facilitate those settlement discussions, the parties shall, no later than three weeks after an answer is filed, exchange limited discovery in aid of settlement; the parties shall confer with respect to the scope of such limited discovery, and promptly raise any disputes with the assigned Magistrate Judge in accordance with his or her Individual Rules and Practices. As further set forth by this Order. 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. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at http://nysd.uscourts.gov/judge/Furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. 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. SO ORDERED. Initial Conference set for 10/26/2023 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 8/4/2023) (tg)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to American Discount Home Medical Equipment, Inc...(pc) |
| Filing 5 NOTICE OF APPEARANCE by Jeffrey Michael Gottlieb on behalf of Milton Williams..(Gottlieb, Jeffrey) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to American Discount Home Medical Equipment, Inc., re: #1 Complaint. Document filed by Milton Williams..(LaBollita, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael A. LaBollita to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; defendant name does not match complaint caption title;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| 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..(pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Sarah Netburn 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael A. LaBollita. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc) |
| Filing 3 CIVIL COVER SHEET filed..(LaBollita, Michael) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to American Discount Home Medical Equipment, Inc., re: #1 Complaint. Document filed by Milton Williams..(LaBollita, Michael) Modified on 8/3/2023 (pc). |
| Filing 1 COMPLAINT against American Discount Home Medical Equipment, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28094601)Document filed by Milton Williams..(LaBollita, Michael) |
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| Plaintiff: Milton Williams | |
| Represented By: | Michael A. LaBollita |
| Represented By: | Jeffrey Michael Gottlieb |
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| Defendant: American Discount Home Medical Equipment, Inc. | |
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