Volfman v. Mari Makan LLC et al
| Joseph Volfman |
| Mari Makan LLC doing business as Wayan and Rjhwong, LLC |
| 1:2023cv10854 |
| December 14, 2023 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12188 Americans With Disabilities Act - Civil Enforcement Actions |
| None |
Docket Report
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| Filing 20 MEMO ENDORSEMENT on re: #17 Letter filed by Joseph Volfman ENDORSEMENT Application GRANTED. Plaintiff shall file proof of service by March 13, 2024. (Signed by Judge Lorna G. Schofield on 2/7/2024) (jca) |
Filing 19
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER:This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Settlement discussions have have not taken place. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 2-3 days. Amended Pleadings due by 3/8/2024. Joinder of Parties due by 3/8/2024. Fact Discovery due by 6/6/2024. Expert Discovery due by 7/22/2024. Pre-Motion Conference set for 8/7/2024 at 04:10 PM before Judge Lorna G. Schofield. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar, and to schedule the conference under paragraph 13(c) as a Pre-Motion Conference, even though the conference will be held by telephone. (And as further set forth herein.) SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/7/2024) (jca)
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| Filing 18 PROPOSED CASE MANAGEMENT PLAN. Document filed by Joseph Volfman..(Autz, Andre) |
| Filing 17 LETTER addressed to Judge Lorna G. Schofield from ANDRE AUTZ dated 2/6/24 re: RESPONSE TO ORDER (DOC 15). Document filed by Joseph Volfman..(Autz, Andre) |
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Filing 16
ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The first session of mediation shall take place no later than March 15, 2024. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in good faith. The mediation will have no effect upon any Scheduling Order issued by this Court without leave of this Court. To the extent possible, the Mediation Program is directed to appoint a mediator with expertise in the Americans with Disabilities Act. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 2/16/2024. (Signed by Judge Lorna G. Schofield on 2/2/2024) (ks)
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Filing 15
ORDER: It is hereby ORDERED that the parties shall refile the proposed case management plan with a signature from both Plaintiff's counsel and Defendant Mari Makan's counsel on the fifth page by February 6, 2024. It is further ORDERED that Plaintiff shall file proof of service on Defendant Rjhwong, LLC by February 6, 2024. It is further ORDERED that the February 7, 2024, initial pretrial conference is CANCELLED. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue after it is resubmitted with the proper signatures. The parties' attention is directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED, regarding settlement discussions, the parties' request for a referral to mediation is GRANTED. The referral will issue in a separate order. The parties are apprised that participation in mediation does not provide cause to stay discovery. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 2/2/2024) (ks)
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| Filing 14 NOTICE OF APPEARANCE by Alexander Wilde Leonard on behalf of Mari Makan LLC..(Leonard, Alexander) |
| Filing 13 JOINT LETTER addressed to Judge Lorna G. Schofield from Andre Autz dated 1/31/24 re: Joint Letter. Document filed by Joseph Volfman..(Autz, Andre) |
| Filing 12 PROPOSED CASE MANAGEMENT PLAN. Document filed by Joseph Volfman..(Autz, Andre) |
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Filing 11
ORDER granting in part and denying in part #10 Letter Motion for Extension of Time to Answer re #10 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint and Adjournment of Initial Conference addressed to Judge Lorna G. Schofield from Esther B. Feuer dated January 17, 2024. Application GRANTED in part and DENIED in part. Defendant Mari Makan LLC may answer or otherwise respond to the Complaint by February 16, 2024. The initial pretrial conference scheduled for February 7, 2024, will remain as scheduled. The parties are apprised that the initial pretrial conference typically is not adjourned based on the deadline to answer. The Clerk of Court is respectfully requested to close the motion at Dkt. No. 10. (Signed by Judge Lorna G. Schofield on 1/18/2024) (mml)
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| Set/Reset Deadlines: Mari Makan LLC answer due 2/16/2024. (mml) |
| Filing 10 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint and Adjournment of Initial Conference addressed to Judge Lorna G. Schofield from Esther B. Feuer dated January 17, 2024. Document filed by Mari Makan LLC..(Feuer, Esther) |
| Filing 9 NOTICE OF APPEARANCE by Esther Berkowitz Feuer on behalf of Mari Makan LLC..(Feuer, Esther) |
| Filing 8 NOTICE OF APPEARANCE by Gina Elyse Nicotera on behalf of Mari Makan LLC..(Nicotera, Gina) |
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Filing 7
ORDER: The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. IPTC MATERIALS DUE: January 31, 2024. (And as further set forth herein.) Initial Conference set for 2/7/2024 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 12/18/2023) (jca)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Rjhwong, LLC. (sj) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Mari Makan LLC. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(sj) |
| Magistrate Judge Sarah L. Cave 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to RJHWONG, LLC, re: #1 Complaint. Document filed by Joseph Volfman..(Autz, Andre) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to MARI MAKAN LLC dba WAYAN, re: #1 Complaint. Document filed by Joseph Volfman..(Autz, Andre) |
| Filing 2 CIVIL COVER SHEET filed..(Autz, Andre) |
| Filing 1 COMPLAINT against Mari Makan LLC, Rjhwong, LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-28692555)Document filed by Joseph Volfman..(Autz, Andre) |
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