Mercedes v. Broadway Play Publishing, Inc.
Plaintiff: Luis Mercedes
Defendant: Broadway Play Publishing, Inc.
Case Number: 1:2023cv09519
Filed: October 30, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Valerie Figueredo
Referring Judge: Jesse M Furman
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 12101 The Americans with Disabilities Act of 1990
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 28, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 28, 2023 Opinion or Order Filing 18 NOTICE OF APPEARANCE by Avery Issac Nagy-Normyle on behalf of Broadway Play Publishing, Inc...(Nagy-Normyle, Avery)
December 28, 2023 Opinion or Order Filing 17 REPLY AFFIDAVIT of Martin S. Krezalek in Support re: #8 MOTION to Dismiss the Complaint.. Document filed by Broadway Play Publishing, Inc.. (Attachments: #1 Exhibit 12 - Article in the Business Insider).(Krezalek, Martin)
December 28, 2023 Opinion or Order Filing 16 REPLY AFFIDAVIT of Michael Q. Fellmeth in Support re: #8 MOTION to Dismiss the Complaint.. Document filed by Broadway Play Publishing, Inc...(Krezalek, Martin)
December 28, 2023 Opinion or Order Filing 15 REPLY MEMORANDUM OF LAW in Support re: #8 MOTION to Dismiss the Complaint. . Document filed by Broadway Play Publishing, Inc...(Krezalek, Martin)
December 22, 2023 Opinion or Order Filing 14 REPLY MEMORANDUM OF LAW in Opposition re: #8 MOTION to Dismiss the Complaint. . Document filed by Luis Mercedes..(Shaker, PeterPaul)
December 1, 2023 Opinion or Order Filing 13 ORDER: Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by December 22, 2023. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by December 22, 2023. Defendants reply, if any, shall be filed by December 29, 2023. ( Amended Pleadings due by 12/22/2023., Replies due by 12/29/2023., Responses due by 12/22/2023) (Signed by Judge Jesse M. Furman on 12/1/2023) (ate)
December 1, 2023 Opinion or Order Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Broadway Play Publishing, Inc...(Krezalek, Martin)
December 1, 2023 Opinion or Order Filing 11 MEMORANDUM OF LAW in Support re: #8 MOTION to Dismiss the Complaint. . Document filed by Broadway Play Publishing, Inc...(Krezalek, Martin)
December 1, 2023 Opinion or Order Filing 10 DECLARATION of Michael Q. Fellmeth in Support re: #8 MOTION to Dismiss the Complaint.. Document filed by Broadway Play Publishing, Inc...(Krezalek, Martin)
December 1, 2023 Opinion or Order Filing 9 DECLARATION of Martin S. Krezalek, Esq. in Support re: #8 MOTION to Dismiss the Complaint.. Document filed by Broadway Play Publishing, Inc.. (Attachments: #1 Exhibit 1 Mercedes v. Parnassus Complaint, #2 Exhibit 2 Mercedes v. Jack Schwartz Shoes - Complaint, #3 Exhibit 3 Mercedes v. Pacinos Signature - Complaint, #4 Exhibit 4 Mercedes v. White River Hardwoods - Complaint, #5 Exhibit 5 Mercedes v. City of Saints Coffee - Complaint, #6 Exhibit 6 Mercedes v. Kitchen Enthusiasts - Complaint, #7 Exhibit 7 Mercedes v. City Lights, Inc. - Complaint, #8 Exhibit 8 Mercedes v. Wuzzy Wheels - Complaint, #9 Exhibit 9 Mercedes v. Babcock Enterprises - Complaint, #10 Exhibit 10 Jaquez v. 3Wishes.com 8.25.2022 Order, #11 Exhibit 11 List of cases filed by Luis Mercedes).(Krezalek, Martin)
December 1, 2023 Opinion or Order Filing 8 MOTION to Dismiss the Complaint. Document filed by Broadway Play Publishing, Inc...(Krezalek, Martin)
November 15, 2023 Opinion or Order Filing 7 SUMMONS RETURNED EXECUTED. Broadway Play Publishing, Inc. served on 11/10/2023, answer due 12/1/2023. Document filed by Luis Mercedes..(Shaker, PeterPaul)
November 1, 2023 Opinion or Order Filing 6 ORDER: Plaintiff 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 11/1/2023) (mml)
November 1, 2023 Opinion or Order Filing 5 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 Valerie Figueredo. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/1/23) (yv)
October 31, 2023 Opinion or Order Filing 4 ELECTRONIC SUMMONS ISSUED as to Broadway Play Publishing, Inc...(jgo)
October 31, 2023 Opinion or Order 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..(jgo)
October 31, 2023 Opinion or Order Magistrate Judge Valerie Figueredo 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. (jgo)
October 31, 2023 Opinion or Order Case Designated ECF. (jgo)
October 30, 2023 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to BROADWAY PLAY PUBLISHING, INC., re: #1 Complaint. Document filed by Luis Mercedes..(Shaker, PeterPaul)
October 30, 2023 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Shaker, PeterPaul)
October 30, 2023 Opinion or Order Filing 1 COMPLAINT against Broadway Play Publishing, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28497086)Document filed by Luis Mercedes..(Shaker, PeterPaul)

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Plaintiff: Luis Mercedes
Represented By: PeterPaul Elhamy Shaker
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Defendant: Broadway Play Publishing, Inc.
Represented By: Martin Simon Krezalek
Represented By: Avery Issac Nagy-Normyle
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