Suarez v. Brand Distributors, Inc.
| Alvin Suarez |
| Brand Distributors, Inc. |
| 1:2023cv10129 |
| November 17, 2023 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Ona T Wang |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12132 Americans with Disabilities Act - Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 12, 2024. A more recent docket listing may be available from PACER.
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Filing 14
INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 1/23/2024 at 12:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 1/4/2024) (rro)
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Filing 13
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. The parties report that they have not reached a settlement. ECF No. 11. 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 all parties so consent, counsel shall file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://www.nysd.uscourts.gov/forms /consent-proceed-us-magistrate-judge. If the parties do so, and the Court so orders the form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before the undersigned. There will be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge. (Signed by Judge Jennifer L. Rochon on 12/29/2023) (rro)
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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 General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Settlement. Referred to Magistrate Judge Ona T. Wang. (Signed by Judge Jennifer L. Rochon on 12/29/2023) (rro)
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| Filing 11 LETTER addressed to Judge Jennifer L. Rochon from Gabriel A. Levy dated 12/29/23 re: RESPONSE TO ORDER (DOC 9). Document filed by Alvin Suarez..(Levy, Gabriel) |
| Filing 10 ANSWER to #1 Complaint. Document filed by Brand Distributors, Inc...(Stein, David) |
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Filing 9
ORDER. Defendants deadline to respond to the complaint was December 18, 2023. See ECF No. 6. Defendant has appeared but has not filed a response. Plaintiff shall inform the Court of intended next steps in this action within two weeks of the date of this Order. (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order) (mkp)
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| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brand Distributors, Inc...(Stein, David) |
| Filing 7 NOTICE OF APPEARANCE by David Stein on behalf of Brand Distributors, Inc...(Stein, David) |
| Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint served. Brand Distributors, Inc. served on 11/27/2023, answer due 12/18/2023. Service was accepted by Mary Ann. Document filed by Alvin Suarez..(Levy, Gabriel) |
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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 11/20/2023) (jca)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Brand Distributors, Inc.. (vf) |
| 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..(vf) |
| Magistrate Judge Ona T. Wang 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Brand Distributors, Inc., re: #1 Complaint. Document filed by Alvin Suarez..(Levy, Gabriel) |
| Filing 2 CIVIL COVER SHEET filed..(Levy, Gabriel) |
| Filing 1 COMPLAINT against Brand Distributors, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28585003)Document filed by Alvin Suarez..(Levy, Gabriel) |
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| Plaintiff: Alvin Suarez | |
| Represented By: | Gabriel Levy |
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| Defendant: Brand Distributors, Inc. | |
| Represented By: | David Stein |
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