Calcano v. Victorinox Swiss Army, Inc.
| Marcos Calcano |
| Victorinox Swiss Army, Inc. |
| 1:2023cv11272 |
| December 28, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jennifer L Rochon |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing 6
ORDER: IT IS HEREBY ORDERED that, within thirty (30) days of service of the summons and complaint or, alternatively, within thirty (30) days of waiver of service 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 district's 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 (that is, within forty-five (45) days of service of the summons and complaint, or, alternatively, within forty-five (45) days of waiver of service), 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 12/29/2023) (ama)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Victorinox Swiss Army, Inc...(pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Stewart D. Aaron 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. (pc) |
| 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..(pc) |
| Filing 4 NOTICE OF APPEARANCE by Jeffrey Michael Gottlieb on behalf of Marcos Calcano..(Gottlieb, Jeffrey) |
| Filing 3 CIVIL COVER SHEET filed..(LaBollita, Michael) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Victorinox Swiss Army, Inc., re: #1 Complaint. Document filed by Marcos Calcano..(LaBollita, Michael) |
| Filing 1 COMPLAINT against Victorinox Swiss Army, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28748957)Document filed by Marcos Calcano..(LaBollita, Michael) |
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| Plaintiff: Marcos Calcano | |
| Represented By: | Jeffrey Michael Gottlieb |
| Represented By: | Michael A. LaBollita |
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| Defendant: Victorinox Swiss Army, Inc. | |
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