Turley v. Wyndham Hotel Group, LLC et al
| Dawn M. Turley |
| Wyndham Hotel Group, LLC a Delaware limited liability company doing business as Days Inn by Wyndham Middletown and Ganesh Realty LLC |
| 7:2022cv03729 |
| May 8, 2022 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Paul A Engelmayer |
| Ona T Wang |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on March 8, 2023. A more recent docket listing may be available from PACER.
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Filing 34
ORDER granting #33 Letter Motion for Extension of Time: The deadline to file an application to restore this action to the Court's calendar is extended to 4/10/2023. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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| Filing 33 LETTER MOTION for Extension of Time of Dismissal Deadline addressed to Judge Vincent L. Briccetti from B. Bradley Weitz, Esq. dated May 7, 2023. Document filed by Dawn M. Turley..(Weitz, Ben-Zion) |
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Filing 32
ORDER: The Court has been advised that the parties have settled this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs, and without prejudice to the right to restore the action to the Court's calendar, provided the application to restore the action is made by no later than March 9, 2023. To be clear, any application to restore the action must be filed by March 9, 2023, and any application to restore the action filed thereafter may be denied solely on the basis that it is untimely. All other deadlines, scheduled conferences, or other scheduled court appearances are cancelled. Any pending motions are moot. The Clerk is instructed to close this case. SO ORDERED. (Motions due by 3/9/2023.) (Signed by Judge Vincent L. Briccetti on 2/7/2023) (mml)
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| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 2/6/2023 at 10:00 AM in telephone or video conference.(mnp) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 2/10/2023.(ah) |
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Filing 30
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is not to be tried to a jury. Motions due by 2/2/2023. Non-expert depositions shall be completed by 5/3/2023. Expert Deposition due by 6/19/2023. Fact Discovery due by 5/3/2023. Expert Discovery due by 6/19/2023. Discovery due by 7/17/2023. The parties have conferred and their present best estimate of the length of the trial is 2-3 days. The next case management conference is scheduled for 8/10/2023 at 10:00am. (Signed by Judge Vincent L. Briccetti on 1/3/2023) (mml)
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Filing 29
MEDIATION REFERRAL ORDER: It is HEREBY ORDERED that this case is referred to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. All requests regarding the scheduling of the mediation shall be addressed to the assigned mediator. The next case management conference before Judge Briccetti is scheduled for August 10, 2023, at 10:00 a.m. The conference will be held at the White Plains Courthouse, Courtroom 620. By May 10, 2023, counsel shall submit a joint letter to this Court regarding the status of the parties' settlement discussions. SO ORDERED. It is hereby ORDERED that this case is referred to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 and the Mediation Program Procedures shall govern the mediation. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 1/17/2023. (Signed by Judge Vincent L. Briccetti on 1/3/2023) (mml)
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| Set/Reset Hearings: Case Management Conference set for 8/10/2023 at 10:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (mml) |
| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Initial Pretrial Conference held on 1/3/2023. Case management plan signed. Joint letter due 5-10-23. Mediation referral to be filed separately. Next conference is scheduled for 8-10-23 at 10:00 a.m. (dh) |
| Filing 28 PROPOSED CASE MANAGEMENT PLAN. Document filed by Dawn M. Turley..(Weitz, Ben-Zion) |
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Filing 27
ORDER re: #24 Notice of Hearing: By Order dated 11/29/2022, the Court instructed the parties to file on the ECF docket their proposed Civil Case Discovery Plan and Scheduling Order by 12/27/2022. (Doc. #24). To date, the parties have not done so. Accordingly, the parties are ordered to file their proposed Civil Case Discovery Plan and Scheduling Order by no later than tomorrow, 12/29/2022, at 12:00 p.m. Eastern time. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (egb)
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Filing 26
ORDER re: #25 Rule 26 Disclosure filed by Wyndham Hotel Group, LLC, Ganesh Realty LLC: Defense counsel improperly filed a discovery document on the ECF docket. (Doc. #25). The parties shall NOT file discovery documents unless in connection with a motion or application. See Federal Rules of Civil Procedure 5(d)(1); Local Civil Rule 5.1. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (egb)
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| Filing 25 RULE 26 DISCLOSURE.Document filed by Ganesh Realty LLC, Wyndham Hotel Group, LLC..(Centone, Anthony) |
| Filing 24 NOTICE OF INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 1/3/2023 at 9:30a.m., at the United States Courthouse, 300 Quarropas Street, Courtroom 620, White Plains, NY 10601. Initial Conference set for 1/3/2023 at 09:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (mml) |
| Filing 23 ANSWER to #1 Complaint. Document filed by Ganesh Realty LLC, Wyndham Hotel Group, LLC..(Centone, Anthony) |
| Filing 22 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ganesh Realty LLC, Wyndham Hotel Group, LLC..(Centone, Anthony) |
| Filing 21 LETTER addressed to Judge Vincent L. Briccetti from B. Bradley Weitz, Esq. dated November 14, 2022 re: Response to DE 17. Document filed by Dawn M. Turley..(Weitz, Ben-Zion) |
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Filing 20
STIPULATION AND ORDER EXTENDING TIME TO ANSWER: IT IS HEREBY STIPULATED TO AN AGREED, by and between the parties that the time for defendants, WYNDHAM HOTEL and GANESH REALTY LLC, to answer the complaint of plaintiff in the above-entitled action is hereby extended to December 10, 2022. SO ORDERED. Ganesh Realty LLC answer due 12/10/2022; Wyndham Hotel Group, LLC answer due 12/10/2022. (Signed by Judge Vincent L. Briccetti on 11/9/2022) (mml)
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| Filing 19 PROPOSED STIPULATION AND ORDER. Document filed by Ganesh Realty LLC, Wyndham Hotel Group, LLC..(Centone, Anthony) |
| Filing 18 NOTICE OF APPEARANCE by Anthony J. Centone on behalf of Ganesh Realty LLC, Wyndham Hotel Group, LLC..(Centone, Anthony) |
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Filing 17
ORDER: Accordingly, provided that defendants remain in default, plaintiff is ORDERED to seek a certificate of default by November 14, 2022, and thereafter to move, by order to show cause in accordance with the Court's Individual Practices, for default judgment against defendant by November 28, 2022. ( Motions due by 11/28/2022.) (Signed by Judge Vincent L. Briccetti on 11/7/2022) (ate)
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| Magistrate Judge Andrew E. Krause is so designated. 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. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Paul A. Engelmayer is no longer assigned to the case. (vba) |
| Filing 16 LETTER addressed to Magistrate Judge Ona T. Wang from B. Bradley Weitz, Esq. dated October 14, 2022 re: Response to Order DE 15. Document filed by Dawn M. Turley..(Weitz, Ben-Zion) |
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Filing 15
ORDER granting #14 Letter Motion to Adjourn Conference. Plaintiff's counsel is directed to read Rule 18 of the SDNY Rules for Division of Business, available on the Court's website, and file a letter by October 14, 2022 explaining why Plaintiff designated this case to Manhattan instead of White Plains. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (Wang, Ona)
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| Filing 14 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Ona T. Wang from B. Bradley Weitz, Esq. dated October 8, 2022. Document filed by Dawn M. Turley. Return Date set for 10/10/2022 at 09:00 AM..(Weitz, Ben-Zion) |
| Filing 13 AFFIDAVIT OF SERVICE of Summons and Complaint. Wyndham Hotel Group, LLC served on 8/2/2022, answer due 8/23/2022. Service was accepted by Nancy Dougherty, as Authorized Agent of the Office of the Secretary of State of the State of New York. Document filed by Dawn M. Turley..(Weitz, Ben-Zion) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Ganesh Realty LLC served on 8/2/2022, answer due 8/23/2022. Service was accepted by Nancy Dougherty, as Authorized Agent of the Office of the Secretary of State of the State of New York. Document filed by Dawn M. Turley..(Weitz, Ben-Zion) |
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Filing 11
ORDER granting #10 Letter Motion to Adjourn Conference. Application GRANTED. The Initial Case Management Conference scheduled for August 3, 2022 is herey adjourned to October 11, 2022, at 11:00 a.m. SO ORDERED. Initial Conference set for 10/11/2022 at 11:00 AM before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 8/1/2022) (vfr)
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| Filing 10 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Ona T. Wang from B. Bradley Weitz, Esq. dated July 29, 2022. Document filed by Dawn M. Turley..(Weitz, Ben-Zion) |
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Filing 9
SCHEDULING ORDER: The Initial Case Management Conference previously scheduled for August 03, 2022 at 11:00 a.m. is adjourned to August 03, 2022 at 2:00 p.m. All other directives in ECF 4 are unchanged. SO ORDERED. Initial Conference set for 8/3/2022 at 02:00 PM before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 7/29/2022) (jca)
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| Filing 8 ELECTRONIC SUMMONS ISSUED as to Ganesh Realty LLC..(lal) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Wyndham Hotel Group, LLC..(lal) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to GANESH REALTY LLC, re: #1 Complaint. Document filed by Dawn M. Turley..(Weitz, Ben-Zion) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to WYNDHAM HOTEL GROUP, LLC, re: #1 Complaint. Document filed by Dawn M. Turley..(Weitz, Ben-Zion) |
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Filing 4
INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 8/3/2022 at 11:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 5/11/2022) (va)
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Filing 3
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 Ona T. Wang. (Signed by Judge Paul A. Engelmayer on 5/9/2022) (tg)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(sj) |
| Magistrate Judge Ona T. Wang is so designated. 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 2 CIVIL COVER SHEET filed..(Weitz, Ben-Zion) |
| Filing 1 COMPLAINT against Ganesh Realty LLC, Wyndham Hotel Group, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26116465)Document filed by Dawn M. Turley..(Weitz, Ben-Zion) |
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