Swartz v. Jonis-181 Waverly Place, LLC et al
| Sam Swartz |
| Jonis-181 Waverly Place, LLC and Van Leeuwen Ice Cream LLC |
| 1:2023cv08062 |
| September 12, 2023 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12188 Americans With Disabilities Act - Civil Enforcement Actions |
| Plaintiff |
Docket Report
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| Filing 14 SUMMONS RETURNED EXECUTED Summons and Complaint served. Jonis-181 Waverly Place, LLC served on 9/26/2023, answer due 10/17/2023. Service was accepted by Nancy Dougherty, Authorized Agent. Document filed by Sam Swartz..(Hanski, Robert) |
Filing 13
ORDER granting in part #12 Letter Motion for Extension of Time to Answer re #12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Analisa Torres from Richard Bahrenburg dated October 31, 2023. GRANTED IN PART. Defendant Van Leeuwen shall respond to the Complaint by November 21, 2023. SO ORDERED. (Signed by Judge Analisa Torres on 11/1/2023) (jca)
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| Set/Reset Deadlines: Van Leeuwen Ice Cream LLC answer due 11/21/2023. (jca) |
| Filing 12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Analisa Torres from Richard Bahrenburg dated October 31, 2023. Document filed by Van Leeuwen Ice Cream LLC..(Bahrenburg, Richard) |
| Filing 11 NOTICE OF APPEARANCE by Richard Bahrenburg on behalf of Van Leeuwen Ice Cream LLC..(Bahrenburg, Richard) |
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Filing 10
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 November 13, 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 Courts Individual Practices. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 9/15/2023) (jca)
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Filing 9
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 November 13, 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 9/15/2023) (jca)
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Filing 8
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 9/15/2023) (jca)
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| Filing 7 ELECTRONIC SUMMONS ISSUED as to Van Leeuwen Ice Cream LLC. (vf) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Jonis-181 Waverly Place, LLC. (vf) |
| Magistrate Judge James L. Cott 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 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) |
| Case Designated ECF. (vf) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Van Leeuwen Ice Cream LLC, re: #1 Complaint. Document filed by Sam Swartz..(Hanski, Robert) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Jonis-181 Waverly Place, LLC, re: #1 Complaint. Document filed by Sam Swartz..(Hanski, Robert) |
| Filing 3 NOTICE OF APPEARANCE by Adam Saul Hanski on behalf of Sam Swartz..(Hanski, Adam) |
| Filing 2 CIVIL COVER SHEET filed..(Hanski, Robert) |
| Filing 1 COMPLAINT against Jonis-181 Waverly Place, LLC, Van Leeuwen Ice Cream LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28275535)Document filed by Sam Swartz..(Hanski, Robert) |
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