Beauchamp v. Multi-Man Publishing, LLC
| Kevin Beauchamp |
| Multi-Man Publishing, LLC |
| 1:2024cv01429 |
| February 26, 2024 |
| US District Court for the Southern District of New York |
| Jennifer H Rearden |
| Robyn F Tarnofsky |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12132 Americans with Disabilities Act - Discrimination |
| Plaintiff |
Docket Report
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Filing 15
ORDER: This action is scheduled for a telephonic Initial Case Management Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure on, May 22, 2024 at 10:30 AM. Counsel for the parties are directed to call my Microsoft Teams conference line at the scheduled time. Please dial (646) 453-4442, Access Code 964 869 00 #. Initial Conference set for 5/22/2024 at 10:30 AM before Magistrate Judge Robyn F. Tarnofsky. (Signed by Magistrate Judge Robyn F. Tarnofsky on 4/22/2024) (ate)
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| Filing 14 ANSWER to #1 Complaint. Document filed by Multi-Man Publishing, LLC..(Stein, David) |
| Filing 13 AFFIDAVIT OF SERVICE of Order to Show Cause served on Multi-Man Publishing, LLC on 4/15/24. Service was made by Mail. Document filed by Kevin Beauchamp..(Khaimov, Mars) |
| Filing 12 AFFIDAVIT OF SERVICE of Order to Show Cause served on Multi-Man Publishing, LLC on 4/15/24. Service was made by Mail. Document filed by Kevin Beauchamp..(Khaimov, Mars) |
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Filing 11
ORDER TO SHOW CAUSE: Defendant is hereby Ordered To Show Cause why an order should not be issued pursuant to Fed. R. Civ. P. 55 instructing Plaintiff to seek default judgment against Defendant for failure to defend this action. This Order To Show Cause may be satisfied by filing a written response to the complaint by April 26, 2024 along with a declaration explaining why Defendant did not timely respond to the complaint. Plaintiff is directed to mail by April 15, 2024 a copy of this Order To Show Cause to Defendant at its principal place of business, identified in the Complaint as 403 Headquarters Drive, Suite 8, Millersville, MD 21108. Plaintiff is directed to file confirmation of such mailing on the docket by April 16, 2024. Defendant is warned that failure to respond to this Order To Show Cause may result in an order instructing Plaintiff to seek a default judgment against Defendant for failure to defend this action. SO ORDERED. Multi-Man Publishing, LLC answer due 4/26/2024. (Signed by Magistrate Judge Robyn F. Tarnofsky on 4/12/2024) (vfr)
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| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Multi-Man Publishing, LLC..(Stein, David) |
| Filing 9 NOTICE OF APPEARANCE by David Stein on behalf of Multi-Man Publishing, LLC..(Stein, David) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint served. Multi-Man Publishing, LLC served on 3/18/2024, answer due 4/8/2024. Service was accepted by Vicki Burrell. Document filed by Kevin Beauchamp..(Khaimov, Mars) |
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Filing 7
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 Districts 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 3/15/2024) (jca)
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Filing 6
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 2/29/2024) (ama)
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Filing 5
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. By separate Order today, the Court is referring this case to the designated 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 shall discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the designated 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 designated 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. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 2/29/2024) (ama)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Multi-Man Publishing, LLC..(pc) (Main Document 4 replaced on 2/27/2024) (pc). |
| 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..(pc) |
| 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Multi-Man Publishing, LLC, re: #1 Complaint. Document filed by Kevin Beauchamp..(Khaimov, Mars) |
| Filing 2 CIVIL COVER SHEET filed..(Khaimov, Mars) |
| Filing 1 COMPLAINT against Multi-Man Publishing, LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-28991900)Document filed by Kevin Beauchamp..(Khaimov, Mars) |
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| Plaintiff: Kevin Beauchamp | |
| Represented By: | Mars Khaimov |
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| Defendant: Multi-Man Publishing, LLC | |
| Represented By: | David Stein |
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