Tarr v. Carlisle Etcetera, LLC
| Ellen Elizabeth Tarr |
| Carlisle Etcetera, LLC |
| 1:2023cv09256 |
| October 20, 2023 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Sarah Netburn |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12132 Americans with Disabilities Act - Discrimination |
| Plaintiff |
Docket Report
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time to Answer. Defendant Carlisle Etcetera, LLC is directed to file an answer, or otherwise respond to the complaint, by January 11, 2024. Carlisle Etcetera, LLC answer due 1/11/2024. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (dsh)
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| Filing 11 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Magistrate Judge Sarah Netburn from Alan A. Heller dated December 11, 2023. Document filed by Carlisle Etcetera, LLC..(Heller, Alan) |
| Filing 10 NOTICE OF APPEARANCE by Alan Avery Heller on behalf of Carlisle Etcetera, LLC..(Heller, Alan) |
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Filing 9
ORDER. Pursuant to the Court's December 1, 2023 Order, ECF No. 8, Plaintiff was required to file proof of having served a copy of that Order on Defendant by December 6, 2023. To date, Plaintiff has not filed any such proof of service. As a courtesy, that deadline is hereby EXTENDED, nunc pro tunc, to December 13, 2023. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/11/23) (yv)
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Filing 8
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 12/01/2023) (ama)
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| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. Carlisle Etcetera, LLC served on 11/9/2023, answer due 11/30/2023. Service was accepted by Unknown. Document filed by Ellen Elizabeth Tarr..(Khaimov, Mars) |
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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 Sarah Netburn. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/24/23) (yv)
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Filing 5
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 ("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 10/24/23) (yv)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Carlisle Etcetera, LLC..(gp) |
| 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..(gp) |
| Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. 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. (gp) |
| Case Designated ECF. (gp) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Carlisle Etcetera, LLC, re: #1 Complaint. Document filed by Ellen Elizabeth Tarr..(Khaimov, Mars) |
| Filing 2 CIVIL COVER SHEET filed..(Khaimov, Mars) |
| Filing 1 COMPLAINT against Carlisle Etcetera, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28456139)Document filed by Ellen Elizabeth Tarr..(Khaimov, Mars) |
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| Plaintiff: Ellen Elizabeth Tarr | |
| Represented By: | Mars Khaimov |
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| Defendant: Carlisle Etcetera, LLC | |
| Represented By: | Alan Avery Heller |
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