Shalto v. Golden Dragon Kitchen Inc. et al
| Lesaldo Shalto |
| Golden Dragon Kitchen Inc., Edna King Kuen Moy, Daniel K. Moy and Edna King Kuen Moy Irrevocable Trust |
| 1:2023cv07135 |
| August 11, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lorna G Schofield |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
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Filing 38
ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The first session of mediation shall take place no later than November 29, 2023. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in good faith. The mediation will have no effect upon any Scheduling Order issued by this Court without leave of this Court. To the extent possible, the Mediation Program is directed to appoint a mediator with expertise in the Americans with Disabilities Act. It is hereby ORDERED that this case is referred to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 and the Mediation Program Procedures shall govern the mediation. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 10/13/2023. (Signed by Judge Lorna G. Schofield on 9/29/2023) (mml)
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Filing 37
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). Amended Pleadings due by 11/1/2023. Joinder of Parties due by 11/1/2023. Deposition due by 12/1/2023. Fact Discovery due by 1/25/2024. Expert Discovery due by 3/12/2024. This case is not to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 2-3 days. Pre-Motion Conference set for 2/21/2024 at 04:10 PM before Judge Lorna G. Schofield. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court's Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar, and to schedule the conference under paragraph 13(c) as a Pre-Motion Conference, even though the conference will be held by telephone. SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/29/2023) (mml)
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Filing 36
ORDER: It is hereby ORDERED that the October 4, 2023, initial pretrial conference is CANCELLED. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue separately. The parties' attention is directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendants seek to file a motion to dismiss, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, the parties' request for a referral to mediation is GRANTED. The referral will issue in a separate order. The parties are apprised that participation in mediation does not provide cause to stay discovery. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 9/29/2023) (mml)
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| Filing 35 PROPOSED CASE MANAGEMENT PLAN. Document filed by Lesaldo Shalto. (Attachments: #1 Supplement Joint Statement/Letter).(Madnick, Richard) |
| Filing 34 ELECTRONIC SUMMONS ISSUED as to Edna King Kuen Moy Irrevocable Trust..(vf) |
| Filing 33 ELECTRONIC AMENDED SUMMONS ISSUED as to Golden Dragon Kitchen Inc.. (vf) |
| Filing 32 ANSWER to #23 Amended Complaint,. Document filed by Edna King Kuen Moy Irrevocable Trust, Golden Dragon Kitchen Inc...(Wright, Glenn) |
| Filing 31 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Golden Dragon Kitchen Inc...(Wright, Glenn) |
| Filing 30 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Edna King Kuen Moy Irrevocable Trust..(Wright, Glenn) |
| Filing 29 NOTICE OF APPEARANCE by Glenn David Wright on behalf of Golden Dragon Kitchen Inc...(Wright, Glenn) |
| Filing 28 NOTICE OF APPEARANCE by Glenn David Wright on behalf of Edna King Kuen Moy Irrevocable Trust..(Wright, Glenn) |
| Filing 27 WAIVER OF SERVICE RETURNED EXECUTED. Edna King Kuen Moy Irrevocable Trust waiver sent on 9/20/2023, answer due 11/20/2023; Golden Dragon Kitchen Inc. waiver sent on 9/20/2023, answer due 11/20/2023. Document filed by Lesaldo Shalto..(Marks, Bradly) |
| Filing 26 REQUEST FOR ISSUANCE OF SUMMONS as to EDNA KING KUEN MOY IRREVOCABLE TRUST, re: #23 Amended Complaint,. Document filed by Lesaldo Shalto..(Marks, Bradly) |
| Filing 25 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Golden Dragon Kitchen Inc., re: #23 Amended Complaint,. Document filed by Lesaldo Shalto..(Marks, Bradly) |
| Filing 24 CIVIL COVER SHEET filed..(Marks, Bradly) |
| Filing 23 SECOND AMENDED COMPLAINT amending #10 Amended Complaint against Edna King Kuen Moy Irrevocable Trust, Golden Dragon Kitchen Inc..Document filed by Lesaldo Shalto. Related document: #10 Amended Complaint. (Attachments: #1 Supplement Court Order Approving Amendment).(Marks, Bradly) |
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Filing 22
ORDER granting #21 Letter Motion for Leave to File Document. Application GRANTED. Plaintiff shall serve the Second Amended Complaint on Defendants and file proof of service by September 25, 2023. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 21. (Signed by Judge Lorna G. Schofield on 9/19/2023) (mml)
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| Set/Reset Deadlines: Service due by 9/25/2023. (mml) |
| Filing 21 FIRST LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Lorna G. Schofield from Richard M. Madnick dated September 18, 2023. Document filed by Lesaldo Shalto. (Attachments: #1 Supplement Second Amended Complaint - track changes).(Madnick, Richard) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Bradly G. Marks re: Document No. #17 Second Amended Complaint. The filing is deficient for the following reason(s): Court's leave has not been granted. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Bradly G. Marks to RE-FILE Document No. #20 Request for Issuance of Summons, #19 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. 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. (vf) |
| Filing 20 REQUEST FOR ISSUANCE OF SUMMONS as to EDNA KING KUEN MOY IRREVOCABLE TRUST, re: #17 Amended Complaint. Document filed by Lesaldo Shalto..(Marks, Bradly) |
| Filing 19 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Golden Dragon Kitchen Inc., re: #17 Amended Complaint. Document filed by Lesaldo Shalto..(Marks, Bradly) |
| Filing 18 CIVIL COVER SHEET filed..(Marks, Bradly) |
| Filing 17 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE -SECOND AMENDED COMPLAINT amending #10 Amended Complaint against Golden Dragon Kitchen Inc., Edna King Kuen Moy Irrevocable Trust.Document filed by Lesaldo Shalto. Related document: #10 Amended Complaint..(Marks, Bradly) Modified on 9/18/2023 (vf). |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Daniel K. Moy..(jgo) |
| Filing 15 ELECTRONIC AMENDED SUMMONS ISSUED as to Golden Dragon Kitchen Inc...(jgo) |
| Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. Golden Dragon Kitchen Inc. waiver sent on 9/11/2023, answer due 11/13/2023; Daniel K. Moy waiver sent on 9/11/2023, answer due 11/13/2023. Document filed by Lesaldo Shalto..(Marks, Bradly) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Daniel K. Moy, re: #10 Amended Complaint. Document filed by Lesaldo Shalto..(Marks, Bradly) |
| Filing 12 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Golden Dragon Kitchen Inc., re: #10 Amended Complaint. Document filed by Lesaldo Shalto..(Marks, Bradly) |
| Filing 11 CIVIL COVER SHEET filed..(Marks, Bradly) |
| Filing 10 FIRST AMENDED COMPLAINT amending #1 Complaint against Golden Dragon Kitchen Inc., Daniel K. Moy.Document filed by Lesaldo Shalto. Related document: #1 Complaint..(Marks, Bradly) |
| Filing 9 AFFIDAVIT OF SERVICE. Golden Dragon Kitchen Inc. served on 8/28/2023, answer due 9/25/2023. Service was accepted by Sue Zouky, legal clerk. Document filed by Lesaldo Shalto..(Marks, Bradly) |
| Filing 8 AFFIDAVIT OF SERVICE. Golden Dragon Kitchen Inc. served on 9/4/2023, answer due 9/25/2023. Service was accepted by ANNIE KING (CO-WORKER). Document filed by Lesaldo Shalto..(Marks, Bradly) |
| Filing 7 AFFIDAVIT OF SERVICE of true copies of Judge Lorna G. Schofields Individual Part Rules and August 15, 2023 Scheduling Order [Dkt. 5] served on Golden Dragon Kitchen Inc. and Edna King Kuen Moy on September 7, 2023. Service was made by MAIL AND EMAIL. Document filed by Lesaldo Shalto..(Madnick, Richard) |
| Filing 6 NOTICE OF APPEARANCE by Richard Moises Madnick on behalf of Lesaldo Shalto..(Madnick, Richard) |
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Filing 5
ORDER : It is hereby ORDERED that a telephonic conference will be held on October 4, 2023 at 4:10 p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. IT IS FURTHER ORDERED that the parties shall file a joint letter on ECF by September 27, 2023 at noon, not to exceed five (5) pages, providing the following information in separate paragraphs as further set forth in this Order. Counsel who have noticed an appearance as of the issuance of this order are directed (i) to notify all other parties attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules forthwith, and (ii) 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 send a copy of this order and Individual Rules to that party personally. (Initial Conference set for 10/4/2023 at 04:10 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 8/15/23) (yv)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Golden Dragon Kitchen Inc., Edna King Kuen Moy..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bradly G. Marks. The following case opening statistical information was erroneously selected/entered: Jury Demand code p (Plaintiff);. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to n (None);. (jgo) |
| Magistrate Judge Valerie Figueredo 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 Lorna G. Schofield. 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 REQUEST FOR ISSUANCE OF SUMMONS as to GOLDEN DRAGON KITCHEN INC. AND EDNA KING KUEN MOY, re: #1 Complaint. Document filed by Lesaldo Shalto..(Marks, Bradly) |
| Filing 2 CIVIL COVER SHEET filed..(Marks, Bradly) |
| Filing 1 COMPLAINT against Golden Dragon Kitchen Inc., Edna King Kuen Moy. (Filing Fee $ 402.00, Receipt Number ANYSDC-28139730)Document filed by Lesaldo Shalto..(Marks, Bradly) |
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