Lopez v. Nilou Properties LLC et al
| Samuel Lopez |
| Nilou Properties LLC and Zoralie Restaurant Inc |
| 1:2024cv01473 |
| February 27, 2024 |
| US District Court for the Southern District of New York |
| Margaret M Garnett |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 The Americans with Disabilities Act of 1990 |
| None |
Docket Report
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| Filing 16 REPLY re: #12 Answer to Complaint, Crossclaim Reply to Crossclaim. Document filed by Zoralie Restaurant Inc..(Yankovich, Mordy) |
Filing 15
ORDER re: #7 Order: Although no proof of service has been filed on the docket as to any defendant, defendant Zoralie Restaurants has waived any defenses related to service (Dkt. No. 10) and defendant/cross-claimant Nilou Properties has answered and asserted cross claims (Dkt. No. 12). Accordingly, and without prejudice to any rights defendant Nilou may have as to effective service, the Court deems the time periods in its March 5 Order (Dkt. No. 7) to have been triggered. Accordingly, all parties must confer as to settlement, as set forth in that order, no later than May 6, and submit a joint letter to the Court, as set forth in that order, no later than May 20. (HEREBY ORDERED by Judge Margaret M. Garnett) (Text Only Order) (Garnett, Margaret)
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| Filing 14 INTERROGATORIES to Affirmation of Service for Defendant, Nilou Properties LLC's First Interrogatories to Plaintiff, Samuel Lopez.Document filed by Nilou Properties LLC..(Sperber, Steven) |
| Filing 13 FIRST SET OF INTERROGATORIES to Samuel Lopez.Document filed by Nilou Properties LLC..(Sperber, Steven) |
| Filing 12 ANSWER to Complaint., CROSSCLAIM against Zoralie Restaurant Inc. Document filed by Nilou Properties LLC..(Sperber, Steven) |
| Filing 11 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nilou Properties LLC..(Sperber, Steven) |
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Filing 10
STIPULATION TO EXTEND TIME TO RESPOND TO PLAINTIFFS SUMMONS AND COMPLAINT: IT IS HEREBY STIPULATED, CONSENTED, AND AGREED, by and between the attorneys for the Plaintiff SAMUEL LOPEZ and the attorneys for the Defendant ZORALIE RESTAURANT, INC. that the time for Defendant, ZORALIE RESTAURANT, INC. to answer, appear or move in response to Plaintiffs Summons and Complaint is hereby extended to May 6, 2024. Defendant ZORALIE RESTAURANT, INC. hereby waives all jurisdictional defenses related to service of process. It is hereby ORDERED that Defendant Zoralie Restaurant, Inc.'s time to answer, move, or otherwise respond to the complaint shall be extended to May 6, 2024. The Clerk of Court is respectfully directed to terminate Dkt. No. 9. Zoralie Restaurant Inc answer due 5/6/2024., Motions terminated: #9 FIRST MOTION for Extension of Time to File Answer re: #1 Complaint (Stipulation). filed by Zoralie Restaurant Inc. (Signed by Judge Margaret M. Garnett on 4/1/2024) (rro)
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| Filing 9 FIRST MOTION for Extension of Time to File Answer re: #1 Complaint (Stipulation). Document filed by Zoralie Restaurant Inc..(Yankovich, Mordy) |
| Filing 8 NOTICE OF APPEARANCE by Mordy Yankovich on behalf of Zoralie Restaurant Inc..(Yankovich, Mordy) |
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Filing 7
ORDER It is hereby ORDERED that, within thirty (30) days of 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 a magistrate judge would be productive at this time. It is FURTHER ORDERED that within fifteen (15) additional days (i.e., within forty-five (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 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. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Courts Individual Rules forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Individual Rules to that party personally. SO ORDERED. (Signed by Judge Margaret M. Garnett on 3/5/2024) (jca)
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| Filing 6 ELECTRONIC SUMMONS ISSUED as to Zoralie Restaurant Inc..(pc) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Nilou Properties LLC..(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. 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 Katharine H. Parker 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 4 REQUEST FOR ISSUANCE OF SUMMONS as to Nilou Properties LLC, re: #1 Complaint. Document filed by Samuel Lopez..(Barducci, Maria Costanza) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Zoralie Restaurant Inc, re: #1 Complaint. Document filed by Samuel Lopez..(Barducci, Maria Costanza) |
| Filing 2 CIVIL COVER SHEET filed..(Barducci, Maria Costanza) |
| Filing 1 COMPLAINT against Nilou Properties LLC, Zoralie Restaurant Inc. (Filing Fee $ 405.00, Receipt Number ANYSDC-29000598)Document filed by Samuel Lopez..(Barducci, Maria Costanza) |
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