Beauchamp v. Pet Goods, Inc.
| Kevin Beauchamp |
| Pet Goods, Inc. |
| 1:2024cv01432 |
| February 26, 2024 |
| US District Court for the Southern District of New York |
| James L Cott |
| Jesse M Furman |
| 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 April 10, 2024. A more recent docket listing may be available from PACER.
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Filing 12
STIPULATION EXTENDING TIME TO RESPOND TO AMENDED COMPLAINT IT IS HEREBY STIPULATED by and between the attorneys for the parties that the time for the defendant to respond to the amended complaint in the above-captioned matter is hereby extended to and including April 30, 2024. This Stipulation may be signed in counterparts and a fax or scanned copy of this signed Stipulation shall have the same force and effect as the original. In light of the presumption in favor of resolving cases on the merits, Defendant's answer deadline is extended, nunc pro tunc, to April 30, 2024. The case remains referred to Magistrate Judge Cott for General Pretrial Purposes, including settlement. See ECF Nos. 5-6. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/10/24) (yv) Modified on 4/10/2024 (yv).
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Filing 11
STIPULATION EXTENDING TIME TO RESPOND TO AMENDED COMPLAINT IT IS HEREBY STIPULATED by and between the attorneys for the parties that the time for the defendant to respond to the amended complaint in the above-captioned matter is hereby extended to and including April 30, 2024. This Stipulation may be signed in counterparts and a fax or scanned copy of this signed Stipulation shall have the same force and effect as the original. SO ORDERED. Pet Goods, Inc. answer due 4/30/2024. (Signed by Magistrate Judge James L. Cott on 4/10/2024) (jca)
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| Filing 10 NOTICE of Stipulation Extending Time To Respond. Document filed by Pet Goods, Inc...(Scalise, James) |
| Filing 9 NOTICE OF APPEARANCE by James Thomas Scalise on behalf of Pet Goods, Inc...(Scalise, James) |
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Filing 8
ORDER Defendant in this action appears to be in default. Plaintiff shall file any motion for default judgment, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), within two weeks of the date of this Order. Plaintiff should familiarize himself with Local Civil Rules 55.1 and 55.2, which, along with Rule 55 of the Federal Rules of Civil Procedure and Rule 4(J) of the Court's Individual Rules, govern default judgment motion practice before this Court. Per Local Civil Rule 55.2, a party seeking default judgment must append to the motion a Clerk's Certificate of Default, which may be obtained by following the procedure described in Local Civil Rule 55.1. To be clear: Plaintiff must file a motion for default judgment, not merely a request for a Clerk's Certificate of Default, by the above deadline. If Plaintiff's counsel submits calculations in support of any motion for default judgment, Plaintiffs counsel shall also email native versions of the files with the calculations (i.e., versions of the files in their original format, such as in ".xlsx") to Chambers at Furman_NYSDChambers@nysd.uscourts.gov. If or when a motion for default judgment is filed, the Court will enter a further Order setting a deadline for any opposition and reply and scheduling a show cause hearing. If no motion for default judgment is filed by the deadline set forth above, the case may be dismissed for failure to prosecute without further notice to the parties. Plaintiff shall serve a copy of this Order electronically and/or by first-class mail on Defendant within two business days from the date of this Order and shall file proof of such service within three business days of the date of this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/4/2024) (jca)
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| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint served. Pet Goods, Inc. served on 3/12/2024, answer due 4/2/2024. Service was accepted by April Maragelis. Document filed by Kevin Beauchamp..(Khaimov, Mars) |
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Filing 6
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). Referred to Magistrate Judge James L. Cott. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/28/24) (yv)
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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. In the Courts experience, cases involving such claims almost always settle, often even before the initial pretrial conference. To that end, by separate Order to be entered today, the Court is referring this case to the assigned Magistrate Judge for General Pretrial Purposes, including settlement. To be clear, the referral does not encompass any dispositive motions, which will be handled by the undersigned in the normal course. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/28/24) (yv)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Pet Goods, Inc...(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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 James L. Cott 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 Pet Goods, Inc., re: #1 Complaint. Document filed by Kevin Beauchamp..(Khaimov, Mars) |
| Filing 2 CIVIL COVER SHEET filed..(Khaimov, Mars) |
| Filing 1 COMPLAINT against Pet Goods, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28991988)Document filed by Kevin Beauchamp..(Khaimov, Mars) |
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| Plaintiff: Kevin Beauchamp | |
| Represented By: | Mars Khaimov |
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| Defendant: Pet Goods, Inc. | |
| Represented By: | James Thomas Scalise |
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