Hernandez v. BluGlacier, LLC
| Marlelis Hernandez |
| BluGlacier, LLC |
| 1:2023cv08414 |
| September 22, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 The Americans with Disabilities Act of 1990 |
| Plaintiff |
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Filing 10
ORDER: IT IS HEREBY ORDERED that all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the parties settlement and must be filed within 30 days. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis. Additionally, if the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, they must submit within the same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 7.A of the Court's Individual Practices and (2) a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to amend the case caption by deleting the language "individually and on behalf of all others similarly situated" after the individual Plaintiff's name. Because the parties did not notify the Court that they intended to comply with Fed. R. Civ. P. 23(e), this dismissal and any settlement between the parties is operative only as between the individual Plaintiff and Defendant and does not bind any absent putative class members. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/27/2023) (tg)
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| Filing 9 NOTICE of Settlement . Document filed by Marlelis Hernandez..(Gallagher, Patrick) |
| Filing 8 NOTICE OF APPEARANCE by Keith D Silverstein on behalf of BluGlacier, LLC..(Silverstein, Keith) |
| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. BluGlacier, LLC served on 9/28/2023, answer due 10/19/2023. Service was accepted by Lynanne Gares, Intake Clerk. Document filed by Marlelis Hernandez..(Gallagher, Patrick) |
| Filing 6 CERTIFICATE OF SERVICE of the Court's October 2, 2023 Notice of Initial Pretrial Conference entered as Docket No. 5 served on BluGlacier, LLC on October 2, 2023. Service was made by Mail. Document filed by Marlelis Hernandez..(Gallagher, Patrick) |
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE FOR CASES FILED UNDER THE AMERICANS WITH DISABILITIES ACT: The Defendant(s)' time to move against or answer the Complaint is stayed until the date of the IPTC, unless otherwise ordered. As further set forth by this Order. SO ORDERED. Initial Conference set for 2/2/2024 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 10/2/2023) (tg)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to BluGlacier, LLC..(jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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 Robert W. Lehrburger 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 BluGlacier, LLC, re: #1 Complaint. Document filed by Marlelis Hernandez..(Gallagher, Patrick) |
| Filing 2 CIVIL COVER SHEET filed..(Gallagher, Patrick) |
| Filing 1 COMPLAINT against BluGlacier, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28329110)Document filed by Marlelis Hernandez..(Gallagher, Patrick) |
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| Plaintiff: Marlelis Hernandez | |
| Represented By: | Patrick William Gallagher |
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| Defendant: BluGlacier, LLC | |
| Represented By: | Keith D Silverstein |
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