Dunbar v. Chick&co LLC et al
| Kirkpatrick Dunbar |
| Chick&co LLC and West Village Associates LLC |
| 1:2024cv00801 |
| February 2, 2024 |
| US District Court for the Southern District of New York |
| Jennifer H Rearden |
| Robyn F Tarnofsky |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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Filing 14
ORDER granting #11 Letter Motion for Extension of Time to File. The parties' request is GRANTED. Defendants' response to the Complaint is due by April 8, 2024. The Order to Show Cause at ECF 9 is satisfied. All other deadlines remain unchanged. No further extensions of time to respond to the Complaint will be granted absent good cause shown. (Signed by Magistrate Judge Robyn F. Tarnofsky on 3/13/2024) (vfr)
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| Filing 13 NOTICE OF APPEARANCE by Joseph James DiPalma on behalf of West Village Associates LLC..(DiPalma, Joseph) |
| Set/Reset Deadlines: Chick&co LLC answer due 4/8/2024; West Village Associates LLC answer due 4/8/2024. (vfr) |
| Filing 12 NOTICE OF APPEARANCE by Jason Mattar on behalf of West Village Associates LLC..(Mattar, Jason) |
| Filing 11 LETTER MOTION for Extension of Time to File Responsive Pleadings addressed to Judge Jennifer H. Rearden from Kenneth A. Novikoff dated March 12, 2024. Document filed by Chick&co LLC..(Novikoff, Kenneth) |
| Filing 10 NOTICE OF APPEARANCE by Kenneth A. Novikoff on behalf of Chick&co LLC..(Novikoff, Kenneth) |
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Filing 9
ORDER TO SHOW CAUSE: It is hereby ORDERED that, by no later than March 18, 2024, Plaintiff shall move for a default judgment against Defendants Chick&co LLC and West Village Associates LLC or show cause why this action should not be dismissed for failure to prosecute. Any application for a default judgment must comply with the Court's Individual Rules and Practices in Civil Cases. Failure to submit a timely and proper motion for default judgment may result in dismissal without prejudice of this case. And as further set forth within. (Signed by Judge Jennifer H. Rearden on 3/11/2024) (kpk)
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| Filing 8 AFFIDAVIT OF SERVICE. Chick&co LLC served on 2/16/2024, answer due 3/8/2024. Service was accepted by NANCY DOUGHERTY, LEGAL CLERK. Document filed by Kirkpatrick Dunbar..(Marks, Bradly) |
| Filing 7 AFFIDAVIT OF SERVICE. West Village Associates LLC served on 2/16/2024, answer due 3/8/2024. Service was accepted by NANCY DOUGHERTY, LEGAL CLERK. Document filed by Kirkpatrick Dunbar..(Marks, Bradly) |
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Filing 6
ORDER IT IS HEREBY ORDERED that, within 30 days of the 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 District's Court-annexed mediation program or before the undersigned would be productive at this time.IT IS FURTHER ORDERED that, within 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 their joint letter, request that the Court either (1) refer the case to mediation, or (2) set a date for a settlement conference, or (3) proceed with an initial case management conference. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 2/7/2024) (jca)
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Filing 5
ORDER OF REFERENCE TO A 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 Robyn F. Tarnofsky. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 2/06/2024) (ama)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Chick&co LLC, West Village Associates LLC..(gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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 Robyn F. Tarnofsky 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 CHICK&CO LLC AND WEST VILLAGE ASSOCIATES LLC, re: #1 Complaint. Document filed by Kirkpatrick Dunbar..(Marks, Bradly) |
| Filing 2 CIVIL COVER SHEET filed..(Marks, Bradly) |
| Filing 1 COMPLAINT against Chick&co LLC, West Village Associates LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-28899536)Document filed by Kirkpatrick Dunbar..(Marks, Bradly) |
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