Jaquez v. BackJoy Orthotics, LLC

New York Southern District Court
Judge:Jesse M Furman
Case #: 1:21-cv-00255
Nature of Suit446 Civil Rights - Amer w/Disabilities - Other
Cause42:12131 Americans with Disabilities Act of 1990
Case Filed:Jan 12, 2021
Terminated:Jul 20, 2021
Last checked: Tuesday Jul 13, 2021 4:56 AM EDT
Defendant
BackJoy Orthotics, LLC
Represented By
Timothy Jon Straub
Dentons Us Llp (ny)
contact info
Plaintiff
Ramon Jaquez
Represented By
Yitzchak Zelman
Marcus & Zelman, LLC
contact info


Docket last updated: 8 hours ago
Tuesday, July 20, 2021
22 22 order Stipulation and Order of Voluntary Dismissal Tue 07/20 5:09 PM
STIPULATION OF DISMISSAL WITHOUT PREJUDICE:Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the parties hereby stipulate to the Plaintiffs voluntary dismissal of all claims against Defendant in the above-captioned matter, without prejudice. (Signed by Judge Jesse M. Furman on 7/20/2021) (cf)
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21 21 misc Proposed Order Tue 07/20 3:50 PM
PROPOSED ORDER. Document filed by Ramon Jaquez. Related Document Number:20 ..(Zelman, Yitzchak)
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20 20 misc Stipulation of Voluntary Dismissal Tue 07/20 3:50 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, without prejudice against the defendant(s) BackJoy Orthotics, LLC and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Ramon Jaquez. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Zelman, Yitzchak)
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misc Notice to Court Regarding Proposed Order Tue 07/20 4:07 PM
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 21 Proposed Order was reviewed and approved as to form. (dt)
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Monday, July 19, 2021
19 19 1 pgs order Order ~Util - Set Hearings Mon 07/19 4:29 PM
ORDER: Counsel are reminded that they must submit a joint status letter on ECF no later than the Thursday prior to the conference, the contents of which are described in the Case Management Plan and Scheduling Order. ECF No. 11. In their joint letter, the parties should also indicate whether they believe they can do without a conference altogether. Unless and until the Court orders otherwise, the conference remains in effect and will be held in person in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY. (If counsel believe that the conference should be held by telephone, they should in accordance with Rule 2(B) of the Court's Individual Rules and Practices promptly file a letter motion to that effect. Any such letter motion should indicate other dates and times during the week of the conference when counsel would be available.) Additionally, unless and until the Court orders otherwise, all existing dates and deadlines including, as appropriate, the deadlines for summary judgment motions and/or a proposed joint pretrial order, as set forth in the Case Management Plan and Scheduling Order remain in effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/19/2021) (va)
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Wednesday, June 16, 2021
18 18 1 pgs order Order on Motion to Stay Wed 06/16 11:09 AM
ORDER granting in part and denying in part17 Letter Motion to Stay re:17 LETTER MOTION to Stay all Current Deadlines addressed to Judge Jesse M. Furman from Timothy J. Straub dated June 15, 2021. All deadlines in the Case Management Plan, ECF No. 11, are extended by thirty days. The pretrial conference currently scheduled for June 23, 2021, is hereby ADJOURNED until July 28, 2021, at 4:45 p.m. If the parties are able to resolve this case before then, they should promptly notify the Court of such. The Clerk of Court is directed to terminate ECF No. 17. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/15/21) (yv)
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utility Set/Reset Hearings Wed 06/16 11:10 AM
Set/Reset Hearings: Pretrial Conference set for 7/28/2021 at 04:45 PM before Judge Jesse M. Furman. (yv)
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Tuesday, June 15, 2021
17 17 motion Stay Tue 06/15 4:04 PM
LETTER MOTION to Stay all Current Deadlines addressed to Judge Jesse M. Furman from Timothy J. Straub dated June 15, 2021. Document filed by BackJoy Orthotics, LLC..(Straub, Timothy)
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Monday, June 14, 2021
16 16 1 pgs order Order Mon 06/14 12:44 PM
ORDER. In light of the circumstances surrounding COVID-19, the Court will not hold the upcoming conference in this case in person. Counsel should submit their joint status letter on ECF no later than the Thursday prior to the conference, the contents of which are described in the Case Management Plan and Scheduling Order. ECF No. 11. In their joint letter, the parties should also indicate whether they can do without a conference altogether. Unless and until the Court orders otherwise, all existing dates and deadlines including, as appropriate, the deadlines for summary judgment motions and/or a proposed joint pretrial order, as set forth in the Case Management Plan and Scheduling Order remain in effect. After reviewing the parties joint status letter, the Court will issue an order indicating whether the conference is cancelled and addressing any other relevant deadlines and information. If a conference is held, it will be by telephone, albeit perhaps at a different time. To that end, if counsel believe that a conference would be appropriate, they should indicate in their joint status letter dates and times during the week of the currently scheduled conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/14/21) (yv)
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Monday, March 22, 2021
15 15 answer Answer to Complaint Mon 03/22 1:31 PM
ANSWER to1 Complaint. Document filed by BackJoy Orthotics, LLC..(Straub, Timothy)
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14 14 misc Rule 7.1 Corporate Disclosure Statement Mon 03/22 1:29 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BackJoy Orthotics, LLC..(Straub, Timothy)
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Wednesday, March 03, 2021
13 13 1 pgs order Order on Motion for Extension of Time to Answer Wed 03/03 5:54 PM
ORDER granting12 Letter Motion for Extension of Time to Answer re12 SECOND LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Judge Jesse M. Furman from Timothy J. Straub dated March 03, 2021.,1 Complaint. The Application is GRANTED. As March 20, 2021, is a Saturday, Defendant must answer or otherwise respond to the complaint no later than March 22, 2021. The Clerk of Court is directed to terminate ECF No. 12. SO ORDERED. BackJoy Orthotics, LLC answer due 3/22/2021. (Signed by Judge Jesse M. Furman on 3/3/2021) (kv)
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12 12 motion Extension of Time to File Answer Wed 03/03 1:34 PM
SECOND LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Judge Jesse M. Furman from Timothy J. Straub dated March 03, 2021. Document filed by BackJoy Orthotics, LLC..(Straub, Timothy)
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Monday, February 22, 2021
11 11 order Case Management Plan Mon 02/22 10:51 AM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). The parties are free to withhold consent without adverse substantive consequences. Motions due by 3/19/2021. Deposition due by 8/5/2021. Fact Discovery due by 6/21/2021. Expert Discovery due by 8/5/2021. This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 3 days. Pretrial Conference set for 6/23/2021 at 04:00 PM before Judge Jesse M. Furman. The Court agrees that there is no need for an initial pretrial conference. The parties should note the date for the next pretrial conference on the previous page. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/22/21) (yv)
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Friday, February 19, 2021
10 10 misc Proposed Case Management Plan Fri 02/19 3:25 PM
PROPOSED CASE MANAGEMENT PLAN. Document filed by Ramon Jaquez..(Zelman, Yitzchak)
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Att: 1 Exhibit A - Proposed Case Management Plan
Friday, February 05, 2021
9 9 1 pgs order Order on Motion for Extension of Time to Answer Fri 02/05 5:02 PM
ORDER granting8 Motion for Extension of Time to Answer re1 Complaint. Counsel is reminded that requests for extension must be made at least 48 hours in advance of any deadline pursuant to Paragraph 1(E) of the Court's Individual Rules and Practices. Still, given Plaintiff's consent and the presumption in favor of adjudication on the merits, the Court is willing to grant this nunc pro tunc extension, though cautions counsel to be more mindful of deadlines going forward. Defendant shall answer or otherwise respond to the Complaint no later than March 6, 2021. The Clerk of Court is directed to terminate ECF No. 8. SO ORDERED. BackJoy Orthotics, LLC answer due 3/6/2021. (Signed by Judge Jesse M. Furman on 2/5/2021) (va)
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8 8 motion Extension of Time to File Answer Fri 02/05 12:13 PM
FIRST LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Judge Jesse M. Furman from Timothy J. Straub dated February 05, 2021. Document filed by BackJoy Orthotics, LLC..(Straub, Timothy)
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7 7 notice Notice of Appearance Fri 02/05 12:09 PM
NOTICE OF APPEARANCE by Timothy Jon Straub on behalf of BackJoy Orthotics, LLC..(Straub, Timothy)
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Tuesday, January 19, 2021
6 6 service Summons Returned Executed Tue 01/19 10:21 AM
SUMMONS RETURNED EXECUTED. BackJoy Orthotics, LLC served on 1/14/2021, answer due 2/4/2021. Service was accepted by Amy McLaren, Managing Agent. Document filed by Ramon Jaquez..(Zelman, Yitzchak)
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Wednesday, January 13, 2021
5 5 3 pgs order Order Wed 01/13 12:12 PM
ORDER. No later than the earlier of 100 days from the date of this Order or two weeks after Defendant appears in the case, the parties shall file a joint letter (unless Defendant has not appeared, in which case Plaintiff shall file the letter individually), not to exceed two pages, including the following information in separately numbered paragraphs as further set forth in this Order. To be clear, the deadline for either of the letters described above is just an outside deadline. That is, the parties may file the appropriate letter sooner and, indeed, should do so in the event that they believe the Court should hold a conference or allow discovery to commence. 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 Court's Individual Rules and Practices 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 Court's Individual Rules and Practices to that party personally. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/13/21) (yv)
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4 4 service Summons Issued Wed 01/13 10:52 AM
ELECTRONIC SUMMONS ISSUED as to BackJoy Orthotics, LLC..(jgo)
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notice Case Opening Initial Assignment Notice Wed 01/13 10:49 AM
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[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo)
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utility Case Designation Wed 01/13 10:49 AM
Magistrate Judge Robert W. Lehrburger 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:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo)
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utility Case Designated ECF Wed 01/13 10:50 AM
Case Designated ECF. (jgo)
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Tuesday, January 12, 2021
3 3 service Request for Issuance of Summons Tue 01/12 4:23 PM
REQUEST FOR ISSUANCE OF SUMMONS as to BackJoy Orthotics, LLC, re:1 Complaint. Document filed by Ramon Jaquez..(Zelman, Yitzchak)
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2 2 misc Civil Cover Sheet Tue 01/12 4:22 PM
CIVIL COVER SHEET filed..(Zelman, Yitzchak)
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1 1 cmp Complaint Tue 01/12 4:21 PM
COMPLAINT against BackJoy Orthotics, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-23475090)Document filed by Ramon Jaquez..(Zelman, Yitzchak)
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