Vachnine v. Kaya, Inc
| Ness-Lee Vachnine |
| Kaya, Inc doing business as Driscoll Robbins |
| 1:2023cv07059 |
| August 10, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jennifer L Rochon |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12188 Americans With Disabilities Act - Civil Enforcement Actions |
| Plaintiff |
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Filing 5
ORDER IT IS HEREBY ORDERED that, within thirty (30) days of service of the summons and complaint, the parties must meet and confer for at least one hour in a good-faith attempt to settle this action. In their discussions, the parties should consider whether Plaintiff has satisfied the threshold requirement of standing. See, e.g., Calcano v. Swarovski N. Am. Ltd., 36 F.4th 68, 77-78 (2d Cir. 2022); Harty v. W. Point Realty, Inc., 28 F.4th 435, 443-44 (2d Cir. 2022). To the extent the parties are unable to settle the case themselves, they must also discuss whether further settlement discussions through the district's court-annexed mediation program or before a magistrate judge would be productive at this time. IT IS FURTHER ORDERED that within fifteen (15) additional days (i.e., within forty-five (45) days of service of the summons and complaint), the parties must submit a joint letter informing the Court whether the parties have settled. If the parties do not reach a settlement, the parties shall in the joint letter request that the Court (1) refer the case to mediation or a magistrate judge for a settlement conference (and indicate a preference between the two options), or (2) proceed with an initial status conference. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 8/11/2023) (jca)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Kaya, Inc..(pc) |
| ***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;. (pc) |
| ***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 Albany;. The following correction(s) have been made to your case entry: the County code has been modified to Kings;. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Barbara C. Moses 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to KAYA, INC d/b/a DRISCOLL ROBBINS, 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 Kaya, Inc. (Filing Fee $ 402.00, Receipt Number ANYSDC-28130394)Document filed by Ness-Lee Vachnine, on behalf of himself and all others similarly situated..(Levy, Gabriel) |
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| Plaintiff: Ness-Lee Vachnine | |
| Represented By: | Gabriel Levy |
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| Defendant: Kaya, Inc doing business as Driscoll Robbins | |
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