Mercedes v. RGV Boot Jack, LLC
Plaintiff: Luis Mercedes
Defendant: RGV Boot Jack, LLC
Case Number: 1:2023cv07970
Filed: September 8, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Referring Judge: Barbara C Moses
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. ยง 12101 The Americans with Disabilities Act of 1990
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 1, 2023 Opinion or Order Filing 16 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE. IT IS HEREBY AGREED TO by the Plaintiff and Plaintiff's attorney that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee, and no person not a party has an interest in the subject matter of the action, that the above entitled action specifically with regard to Defendant shall be and hereby is dismissed without prejudice and on the merits, without costs, or disbursements, or attorney's fees to any party pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, and that a dismissal without prejudice may be entered in the above entitled action pursuant hereto. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/1/23) (yv)
October 31, 2023 Filing 15 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, without prejudice against the defendant(s) RGV Boot Jack, LLC. Document filed by Luis Mercedes. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Shaker, PeterPaul)
October 19, 2023 Filing 14 NOTICE of proof of service of order. Document filed by Luis Mercedes..(Shaker, PeterPaul)
October 18, 2023 Opinion or Order Filing 13 ORDER: Defendant in this action appears to be in default. Plaintiff shall file any motion for default judgment, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), within two weeks of the date of this Order. If Plaintiff's counsel submits calculations in support of any motion for default judgment, Plaintiff's counsel shall also email native versions of the files with the calculations (i.e., versions of the files in their original format, such as in ".xlsx") to Chambers at Furman_ NYSDChambers@nysd.uscourts.gov. If or when a motion for default judgment is filed, the Court will enter a further Order setting a deadline for any opposition and reply and scheduling a show cause hearing. If no motion for default judgment is filed by the deadline set forth above, the case may be dismissed for failure to prosecute without further notice to the parties. Plaintiff shall serve a copy of this Order electronically and/or by first-class mail on Defendant within two business days from the date of this Order and shall file proof of such service within three business days of the date of this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/18/2023) (tg)
October 17, 2023 Filing 12 CLERK'S CERTIFICATE OF DEFAULT as to RGV Boot Jack, LLC.(km)
October 17, 2023 Filing 11 AFFIRMATION of PeterPaul Elhamy Shaker in Support re: #10 Proposed Clerk's Certificate of Default. Document filed by Luis Mercedes..(Shaker, PeterPaul)
October 17, 2023 Filing 10 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Luis Mercedes..(Shaker, PeterPaul) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 10/17/2023 (km).
October 2, 2023 Filing 9 SUMMONS RETURNED EXECUTED. RGV Boot Jack, LLC served on 9/16/2023, answer due 10/10/2023. Document filed by Luis Mercedes..(Shaker, PeterPaul)
September 14, 2023 Filing 8 NOTICE of proof of service of Pretrial Management Order. Document filed by Luis Mercedes..(Shaker, PeterPaul)
September 14, 2023 Opinion or Order Filing 7 ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, pursuant to 28 U.S.C. 636(b)(1)(A). All pretrial motions and applications, including those related to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23) must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. Parties and counsel are cautioned: Once a discovery schedule has been issued, all discovery must be initiated in time to be concluded by the close of discovery set by the Court. (Signed by Magistrate Judge Barbara C. Moses on 9/14/2023) (rro)
September 13, 2023 Opinion or Order Filing 6 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/12/2023) (jca)
September 13, 2023 Opinion or Order Filing 5 ORDER Plaintiffs alleges 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 General Pretrial Purposes, including settlement. To be clear, the referral does not encompass any dispositive motions, which will be handled by the undersigned in the normal course. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/12/2023) (jca)
September 11, 2023 Filing 4 ELECTRONIC SUMMONS ISSUED as to RGV Boot Jack, LLC..(pc)
September 11, 2023 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)
September 11, 2023 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)
September 11, 2023 Case Designated ECF. (pc)
September 8, 2023 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to RGV BOOT JACK, LLC, re: #1 Complaint. Document filed by Luis Mercedes..(Shaker, PeterPaul)
September 8, 2023 Filing 2 CIVIL COVER SHEET filed..(Shaker, PeterPaul)
September 8, 2023 Filing 1 COMPLAINT against RGV Boot Jack, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28260681)Document filed by Luis Mercedes..(Shaker, PeterPaul)

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Plaintiff: Luis Mercedes
Represented By: PeterPaul Elhamy Shaker
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Defendant: RGV Boot Jack, LLC
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