Hernandez v. Oxford Industries, Inc.
| Marlelis Hernandez |
| Oxford Industries, Inc. |
| 1:2023cv08362 |
| September 21, 2023 |
| US District Court for the Southern District of New York |
| Gabriel W Gorenstein |
| Jennifer L Rochon |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 The Americans with Disabilities Act of 1990 |
| Both |
Docket Report
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Filing 12
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement, General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 11/17/2023) (jca)
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Filing 11
ORDER Plaintiff alleges that Defendants website is not accessible to blind and visually impaired customers and, thus, violates Title III of the Americans with Disabilities Act, 42 U.S.C. 12181 et seq. The parties report that they would like to proceed with an initial conference. ECF No. 10. By separate Order today, the Court is referring this case to the assigned Magistrate Judge for General Pretrial Purposes, including settlement. In addition, 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 must 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 both parties consent to proceed before the Magistrate Judge, they must, by December 4, 2023, submit to the Court a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to the Order of Reference (and also available at https://nysd.uscourts.gov/forms/consent-proceed-us-magistrate-judge). If the Court approves that form, all further proceedings will then be conducted before the Magistrate Judge rather than before this Court. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be from this Court if the consent form were not signed and so ordered. An information sheet on proceedings before magistrate judges is also attached to the Order of Reference. If any party does not consent to conducting all further proceedings before the Magistrate Judge, the parties must file a joint letter, by December 4, 2023, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. No adverse consequences will result from the withholding of that consent. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 11/17/2023) (jca)
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| Filing 10 JOINT LETTER addressed to Judge Jennifer L. Rochon from Ian Piasecki and Sean Kirby dated November 17, 2023 re: The Court's September 28, 2023 Order Requiring the Parties to Request a Settlement Conference with the Magistrate Judge or the Court's Mediation Program, or Proceed with an Initial Status Conference. Document filed by Marlelis Hernandez..(Piasecki, Ian) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Oxford Industries, Inc...(Kirby, Sean) |
| Filing 8 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Oxford Industries, Inc...(Kirby, Sean) |
| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. Oxford Industries, Inc. served on 10/4/2023, answer due 10/25/2023. Service was accepted by Linda Banks, Service of Process Intake Clerk. Document filed by Marlelis Hernandez..(Piasecki, Ian) |
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Filing 6
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 9/28/2023) (jca)
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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 districts 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 9/27/2023) (jca)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Oxford Industries, Inc...(jgo) |
| 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..(jgo) |
| Magistrate Judge Gabriel W. Gorenstein 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 Designated ECF. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Oxford Industries, Inc., re: #1 Complaint. Document filed by Marlelis Hernandez..(Piasecki, Ian) |
| Filing 2 CIVIL COVER SHEET filed..(Piasecki, Ian) |
| Filing 1 COMPLAINT against Oxford Industries, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28321806)Document filed by Marlelis Hernandez..(Piasecki, Ian) |
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| Plaintiff: Marlelis Hernandez | |
| Represented By: | Ian Piasecki |
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| Defendant: Oxford Industries, Inc. | |
| Represented By: | Sean Joseph Kirby |
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