Mercer v. The Parc Hotel, LLC (1:18-cv-09329), New York Southern District Court

Mercer v. The Parc Hotel, LLC

New York Southern District Court
Judge:	Paul A Engelmayer
Referred:	Gabriel W Gorenstein
Case #:	1:18-cv-09329
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	28:1331cv Fed. Question: Other Civil Rights

Case Filed:	Oct 12, 2018
Terminated:	Jul 03, 2019

Docket
Parties (2)

Last checked: Wednesday Apr 10, 2019 5:05 AM EDT

Defendant The Parc Hotel, LLC a New York limited liability company, 39-14 College Point Blvd. Flushing, NY 11364
Plaintiff Stacey Mercer an individual, c/o Law Offices of Nolan Klein, P.A. 39 Broadway, Ste. 2250 New York, NY 10006	Represented By Nolan Keith Klein Law Offices Of Nolan Klein, P.A. contact info

Docket last updated: 10 hours ago

Wednesday, August 14, 2019
25		25 1 pgs order Stipulation and Order of Voluntary Dismissal Wed 08/14 4:47 PM STIPULATION OF DISMISSAL WITH PREJUDICE: Pursuant to Federal Rule of Civil Procedure 41(A)(1)(A)(ii), Plaintiff, STACY MERCER and Defendant, THE PARC HOTEL LLC. by and through undersigned counsel hereby stipulate and agree that this action shall be DISMISSED WITH PREJUDICE. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/14/2019) (kv) Related: [-]
Tuesday, August 13, 2019
24		24 misc Stipulation of Voluntary Dismissal Tue 08/13 12:14 PM STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) The Parc Hotel, LLC pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Stacey Mercer. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). .(Klein, Nolan) Related: [-]
Wednesday, July 03, 2019
23		23 2 pgs order Order of Dismissal Wed 07/03 3:49 PM ORDER: The Court having been advised by the parties that all claims asserted herein have been settled in principle, Dkt. 22, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty-day period to be "so ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record.The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/03/2019) (ama) Related: [-]
Tuesday, July 02, 2019
22		22 motion Adjourn Conference Tue 07/02 5:44 PM LETTER MOTION to Adjourn Conference and notify of settlement addressed to Judge Paul A. Engelmayer from Nolan Klein, Esq. dated July 2, 2019. Document filed by Stacey Mercer.(Klein, Nolan) Related: [-]
21		21 notice Notice of Appearance Tue 07/02 4:56 PM NOTICE OF APPEARANCE by Elena M. Yun on behalf of The Parc Hotel, LLC. (Yun, Elena) Related: [-]
Monday, June 03, 2019
20		20 service Certificate of Service Other Mon 06/03 11:06 AM CERTIFICATE OF SERVICE of Order and supporting documents served on The Parc Hotel, Hotel Manager on 05/22/2019. Service was made by MAIL. Document filed by Stacey Mercer.(Klein, Nolan) Related: [-]
		Att: 1 Exhibit A
Friday, May 31, 2019
19		19 notice Notice (Other) Fri 05/31 10:03 AM NOTICE of Compliance re:18 Memo Endorsement,. Document filed by Stacey Mercer.(Klein, Nolan) Related: [-]
		Att: 1 Affidavit of Qazi Haider
Friday, May 24, 2019
18		18 order Memo Endorsement Fri 05/24 12:21 PM MEMO ENDORSEMENT: on re:17 Memorandum of Law in Support filed by Stacey Mercer. ENDORSEMENT: Plaintiff is directed to file an affidavit on or before May 31, 2019, from someone with personal knowledge as to how it is known that the person identified as "Jessica" is an officer or managing agent. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/24/2019) (ama) Related: [-]
Tuesday, May 21, 2019
17		17 2 pgs respoth Memorandum of Law in Support (non-motion) Tue 05/21 3:13 PM MEMORANDUM OF LAW in Support re:14 Order,,, regarding Service of Process . Document filed by Stacey Mercer.(Klein, Nolan) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B
Friday, May 17, 2019
16		16 respoth Affidavit in Support (non-motion) Fri 05/17 12:36 PM AFFIDAVIT of Nolan Klein, Esq. in Support re:15 Notice (Other). Document filed by Stacey Mercer.(Klein, Nolan) Related: [-]
		Att: 1 Exhibit A - via email,
		Att: 2 Exhibit B - fedex tracking
15		15 notice Notice (Other) Fri 05/17 12:32 PM NOTICE of Compliance re:14 Order,,,. Document filed by Stacey Mercer. (Klein, Nolan) Related: [-]
Wednesday, May 15, 2019
14		14 2 pgs order Order Wed 05/15 12:05 PM ORDER: Plaintiff is directed to file a memorandum of law demonstrating the service made on the defendant limited liability corporation was proper under Fed. R. Civ. P. 4. Such memorandum shall be filed on or before May 22, 2019. In addition, plaintiff shall immediately both overnight mail and email a copy of this Order- along with copies of Docket ## 1, 8, 9, 10, 11, 12 -to the defendant at the following addresses: The Parc Hotel, 39-16 College Point Boulevard, Flushing, New York 11354. info@theparchotel.com. Plaintiff shall file an affidavit indicating that it has made such service on or before May17, 2019. The memorandum of law due on May 22, 2019, shall be served on defendant in the same manner and proof of service shall similarly be filed. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/15/2019) (ama) Related: [-]
13		13 1 pgs order Order ~Util - Set Motion and R&R Deadlines/Hearings Wed 05/15 11:27 AM ORDER: On May 14, 2019, plaintiff filed a motion for default judgment. See Dkt. 10. The Court hereby orders that a hearing on plaintiff's motion for default judgment be held on July 9, 2019, at 10 a.m. Plaintiff is directed to serve this order, as well as plaintiff's motion for default judgment and supporting papers, on defendant and to file proof of such service by June 3, 2019. Set Deadlines/Hearing as to10 MOTION for Default Judgment as to The Parc Hotel, LLC : ( Motion Hearing set for 7/9/2019 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/15/2019) (mro) Related: [-]
		misc Notice to Court Regarding Proposed Order Wed 05/15 7:23 AM ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. 12 Proposed Default Judgment was reviewed and approved as to form. (km) Related: [-]
Tuesday, May 14, 2019
12		12 misc Proposed Default Judgment Tue 05/14 5:48 PM PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Stacey Mercer. (Klein, Nolan) Related: [-]
11		11 respm Affirmation in Support of Motion Tue 05/14 5:42 PM AFFIRMATION of Nolan Klein, Esq. in Support re:10 MOTION for Default Judgment as to The Parc Hotel, LLC .. Document filed by Stacey Mercer.(Klein, Nolan) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C,
		Att: 4 Exhibit D
10		10 motion Default Judgment Tue 05/14 5:24 PM MOTION for Default Judgment as to The Parc Hotel, LLC . Document filed by Stacey Mercer.(Klein, Nolan) Related: [-]
Wednesday, November 21, 2018
9		9 misc Clerk's Certificate of Default Wed 11/21 7:35 AM CLERK'S CERTIFICATE OF DEFAULT as to The Parc Hotel, LLC. (km) Related: [-]
Tuesday, November 20, 2018
8		8 respoth Affirmation in Support (non-motion) Tue 11/20 1:22 PM AFFIRMATION of Nolan Klein, Esq. in Support re:7 Proposed Clerk's Certificate of Default. Document filed by Stacey Mercer. (Klein, Nolan) Related: [-]
7		7 misc Proposed Clerk's Certificate of Default Tue 11/20 1:21 PM PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Stacey Mercer. (Klein, Nolan) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers) Related: [-]
Thursday, October 25, 2018
6		6 service Summons Returned Executed Thu 10/25 6:05 PM SUMMONS RETURNED EXECUTED Summons and Complaint served. The Parc Hotel, LLC served on 10/22/2018, answer due 11/13/2018. Service was accepted by Jessica "Smith", Manager. Document filed by Stacey Mercer. (Klein, Nolan) Related: [-]
Wednesday, October 17, 2018
5		5 1 pgs order Order Referring Case to Magistrate Judge Thu 10/18 9:47 AM 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 Gabriel W. Gorenstein. The parties are hereby notified that this Court has written on a legal issue that appears central to this case: the applicability of the ADA to websites. See Del-Orden v. Bonobos, Inc., No. 17 Civ. 2744 (PAE), 2017 WL 6547902 (S.D.N.Y. Dec. 20, 2017). (Signed by Judge Paul A. Engelmayer on 10/17/2018) (anc) Related: [-]
Tuesday, October 16, 2018
		notice Notice of Case Assignment/Reassignment Tue 10/16 4:25 PM NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Naomi Reice Buchwald is no longer assigned to the case. (jc) Related: [-]
Monday, October 15, 2018
4		4 service Summons Issued Mon 10/15 9:10 AM ELECTRONIC SUMMONS ISSUED as to The Parc Hotel, LLC. (pc) Related: [-]
		notice Case Opening Initial Assignment Notice Mon 10/15 9:05 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . 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[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (pc) Related: [-]
		utility Case Designation Mon 10/15 9:05 AM Magistrate Judge Gabriel W. Gorenstein 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:[LINK:http://nysd.uscourts.gov/forms.php] . (pc) Related: [-]
		utility Case Designated ECF Mon 10/15 9:06 AM Case Designated ECF. (pc) Related: [-]
Friday, October 12, 2018
3		3 misc Civil Cover Sheet Fri 10/12 10:21 AM CIVIL COVER SHEET filed. (Klein, Nolan) Related: [-]
2		2 service Request for Issuance of Summons Fri 10/12 10:21 AM REQUEST FOR ISSUANCE OF SUMMONS as to The Parc Hotel, LLC, re:1 Complaint. Document filed by Stacey Mercer. (Klein, Nolan) Related: [-]
1		1 cmp Complaint Fri 10/12 10:20 AM COMPLAINT against The Parc Hotel, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-15734910)Document filed by Stacey Mercer.(Klein, Nolan) Related: [-]

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