Herrera v. Tervis Tumbler Company
| Edery Herrera |
| Tervis Tumbler Company |
| 1:2024cv01739 |
| March 6, 2024 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Barbara C Moses |
| Jennifer H Rearden |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 17, 2024. A more recent docket listing may be available from PACER.
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Filing 13
ORDER granting #10 Letter Motion for Extension of Time. Application GRANTED. The parties are reminded that this action has been referred to the assigned Magistrate Judge for general pretrial management. (See Dkt. 8.) SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 4/17/2024) (va)
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| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tervis Tumbler Company..(Stein, David) |
| Filing 11 NOTICE OF APPEARANCE by David Stein on behalf of Tervis Tumbler Company..(Stein, David) |
| Set/Reset Deadlines: Tervis Tumbler Company answer due 6/3/2024. (va) |
| Filing 10 LETTER MOTION for Extension of Time addressed to Judge Jennifer H. Rearden from Michael A. LaBollita, Esq. dated 04/16/24. Document filed by Edery Herrera..(LaBollita, Michael) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. Tervis Tumbler Company served on 3/28/2024, answer due 4/18/2024. Service was accepted by Cory Sobrane, Authorized to Accept. Document filed by Edery Herrera..(LaBollita, Michael) |
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Filing 8
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, pursuant to 28 U.S.C. 636(b)(1) (A). All pretrial motions and applications, including those related to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23) must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. Parties and counsel are cautioned: 1. Once a discovery schedule has been issued, all discovery must be initiated in time to be concluded by the close of discovery set by the Court. 2.Discovery applications, including letter-motions requesting discovery conferences, must be made promptly after the need for such an application arises and must comply with Local Civil Rule 37.2 and 2(b) of Judge Moses's Individual Practices. It is the Court's practice to decide discovery disputes at the Rule 37.2 conference, based on the parties' letters, unless a party requests or the Court requires more formal briefing. Absent extraordinary circumstances, discovery applications made later than 30 days prior to the close of discovery may be denied as untimely. 3.For motions other than discovery motions, pre-motion conferences are not required,but may be requested where counsel believe that an informal conference with the Court may obviate the need for a motion or narrow the issues. 4.Requests to adjourn a court conference or other court proceeding (including a telephonic court conference) or to extend a deadline must be made in writing and in compliance with 2(a) of Judge Moses's Individual Practices. Telephone requests for adjournments or extensions will not be entertained. 5.In accordance with 1(d) of Judge Moses's Individual Practices, letters and letter-motions are limited to four pages, exclusive of attachments. Courtesy copies of letters and letter-motions filed via ECF are required only if the filing contains voluminous attachments. Courtesy copies should be delivered promptly, should bear the ECF header generated at the time of electronic filing, and should include tabs for the attachments. 6.If you are aware of any party or attorney who should receive notice in this action,other than those currently listed on the docket sheet, please notify Courtroom Deputy Tamika Kay at (212) 805-0228 immediately. 7.Counsel for the plaintiff must serve a copy of this Order on any defendant previously served with the summons and complaint, must serve this Order along with the summons and complaint on all defendants served hereafter, and must file proof of such service with the Court. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 3/15/2024) (jca)
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Filing 7
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 Barbara C. Moses. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/07/2024) (ama)
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Filing 6
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 3/07/2024) (ama)
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| Filing 5 ELECTRONIC SUMMONS ISSUED as to Tervis Tumbler Company..(pc) |
| Filing 4 NOTICE OF APPEARANCE by Jeffrey Michael Gottlieb on behalf of Edery Herrera..(Gottlieb, Jeffrey) |
| 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 Barbara C. Moses 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael A. LaBollita. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc) |
| Filing 3 CIVIL COVER SHEET filed..(LaBollita, Michael) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Tervis Tumbler Company, re: #1 Complaint. Document filed by Edery Herrera..(LaBollita, Michael) |
| Filing 1 COMPLAINT against Tervis Tumbler Company. (Filing Fee $ 405.00, Receipt Number ANYSDC-29044839)Document filed by Edery Herrera..(LaBollita, Michael) |
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| Plaintiff: Edery Herrera | |
| Represented By: | Jeffrey Michael Gottlieb |
| Represented By: | Michael A. LaBollita |
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| Defendant: Tervis Tumbler Company | |
| Represented By: | David Stein |
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