Loadholt v. The Haunted Game Cafe, Inc.

New York Southern District Court
Judge:Jesse M Furman
Referred: James L Cott
Case #: 1:22-cv-07459
Nature of Suit446 Civil Rights - Amer w/Disabilities - Other
Cause42:12101 The Americans with Disabilities Act of 1990
Case Filed:Aug 31, 2022
Terminated:Jun 16, 2023
Last checked: Monday Feb 27, 2023 5:41 AM EST
Defendant
The Haunted Game Cafe, Inc.
Represented By
David Stein
Stein & Nieporent LLP
contact info
Plaintiff
Christopher Loadholt
Represented By
Yitzchak Zelman
Marcus & Zelman, LLC
contact info


Docket last updated: 06/08/2025 11:59 PM EDT
Friday, June 16, 2023
28 28 1 pgs order Order of Dismissal Fri 06/16 4:58 PM
ORDER OF DISMISSAL: The Court having been advised by Magistrate Judge Cott that all claims asserted herein have been settled, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within sixty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. 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 by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 5.B 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. Any pending motions are moot. All conferences are canceled. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/16/2023) (tg)
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minutes Settlement Conference Fri 06/16 12:06 PM
Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 6/16/2023. (Tam, David)
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Sunday, June 11, 2023
27 27 order Order Sun 06/11 6:13 PM
ORDER. Due to a change in the Court's schedule, the settlement conference scheduled for June 16 at 10:00 a.m. will begin instead at 11:00 a.m. The parties should make a note on their calendars of the change in time. Additionally, to date plaintiff has not submitted his ex parte settlement letter (and defendant reports no demand has been made). He is directed to do so forthwith. Failure to do so may result in sanctions. (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James)
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Tuesday, May 02, 2023
26 26 order Scheduling Order Tue 05/02 1:12 PM
ORDER SCHEDULING SETTLEMENT CONFERENCE: The conference will be held on Zoom. (And as further set forth herein.) SO ORDERED. Settlement Conference set for 6/16/2023 at 10:00 AM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 5/2/2023) (jca)
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minutes Pretrial Conference - Interim Tue 05/02 12:08 PM
Minute Entry for proceedings held before Magistrate Judge James L. Cott: Interim Pretrial Conference held on 5/2/2023. (Tam, David)
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Friday, April 28, 2023
25 25 misc Proposed Case Management Plan Fri 04/28 10:04 AM
PROPOSED CASE MANAGEMENT PLAN. Document filed by Christopher Loadholt..(Zelman, Yitzchak)
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Monday, April 17, 2023
24 24 5 pgs order Order for Initial Pretrial Conference Mon 04/17 11:13 AM
ORDER FOR CONFERENCE PURSUANT TO RULE 16: Counsel should contact chambers using the Court's conference line, (877) 873-8017 (Access Code: 5277586). (And as further set forth herein.) SO ORDERED. Initial Conference set for 5/2/2023 at 12:00 PM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 4/17/2023) (jca)
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Friday, April 14, 2023
23 23 10 pgs answer Answer to Amended Complaint Fri 04/14 11:12 PM
ANSWER to14 Amended Complaint. Document filed by The Haunted Game Cafe, Inc...(Stein, David)
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Friday, March 31, 2023
22 22 1 pgs order Memorandum & Opinion Fri 03/31 5:51 PM
MEMORANDUM OPINION AND ORDER re:17 MOTION to Dismiss Plaintiff's First Amended Complaint filed by The Haunted Game Cafe, Inc.,12 MOTION to Dismiss filed by The Haunted Game Cafe, Inc. The Court's order of reference to Magistrate Judge Cott, ECF No. 6, is withdrawn for the limited purpose of addressing Defendant's motions to dismiss. See ECF Nos. 12 and 17. The motion to dismiss the original Complaint, ECF No. 12, is denied as moot. The motion to dismiss the Amended Complaint, ECF No. 17, is denied substantially for the reasons set forth in Plaintiff's opposition, ECF No. 20. Put simply, accepting the truth of the allegations in the Amended Complaint, the Court concludes that Plaintiff alleges "facts that affirmatively and plausibly suggest that [he] has standing to sue." Calcano v. Swarovski N. Am. Ltd., 36 F.4th 68, 75 (2d Cir. 2022). Defendant shall file an answer within fourteen days of the date of this Memorandum Opinion and Order. See Fed. R. Civ. P. 12(a)(4)(A). Otherwise, the matter remains referred to Magistrate Judge Cott for General Pretrial Purposes. The Clerk of Court is directed to terminate ECF Nos. 12 and 17. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/31/2023) (vfr)
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Friday, February 17, 2023
order Order Fri 02/17 5:04 PM
ORDER. Plaintiff filed his opposition to defendant's motion to dismiss in December. To date, no reply papers have been filed. To the extent defendant plans to file a reply brief, it must do so no later than February 27. Otherwise, the Court will consider the motion fully submitted. (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James)
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Monday, December 12, 2022
20 20 19 pgs respm Memorandum of Law in Opposition to Motion Mon 12/12 10:14 PM
MEMORANDUM OF LAW in Opposition re:17 MOTION to Dismiss Plaintiff's First Amended Complaint . . Document filed by Christopher Loadholt..(Zelman, Yitzchak)
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Tuesday, November 29, 2022
order Order Tue 11/29 11:36 AM
ORDER. Plaintiff has submitted a "status report" to Judge Furman requesting an initial pretrial conference. Judge Furman has referred this case to me for general pretrial supervision and to prepare a report and recommendation on any dispositive motions. Defendant has recently renewed its motion to dismiss in this case. Accordingly, once the motion is fully submitted, I plan to prepare a report and recommendation for Judge Furman's consideration, consistent with the order of reference. Therefore, an initial conference is not appropriate at this time. If the motion is denied, the Court will schedule such a conference. Alternatively, if the parties are interested in a referral to the Court Mediation Program, or a settlement conference with the undersigned, they can so request in a further letter to the Court. For avoidance of doubt, both parties must agree on a mediation referral or settlement conference. (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James)
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Monday, November 28, 2022
18 18 14 pgs respm Memorandum of Law in Support of Motion Mon 11/28 10:47 PM
MEMORANDUM OF LAW in Support re:17 MOTION to Dismiss Plaintiff's First Amended Complaint . . Document filed by The Haunted Game Cafe, Inc...(Stein, David)
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17 17 1 pgs motion Dismiss Mon 11/28 10:46 PM
MOTION to Dismiss Plaintiff's First Amended Complaint . Document filed by The Haunted Game Cafe, Inc...(Stein, David)
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16 16 1 pgs misc Status Report Mon 11/28 3:47 PM
STATUS REPORT. Document filed by Christopher Loadholt..(Zelman, Yitzchak)
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Monday, November 14, 2022
order Order Mon 11/14 12:11 PM
ORDER. Given the filing of the amended complaint on November 11, defendant has until November 28 to file an answer, a new motion to dismiss, or alternatively to advise the Court that it will rely on its previously filed motion. Plaintiff will then have until December 12 to respond to the motion to dismiss (either the original motion, or as revised) and any reply papers shall be filed by December 19. In addition, the parties should advise the Court by November 28 whether they would like a referral to the Court Mediation Program or to schedule a settlement conference with the undersigned. (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James)
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Friday, November 11, 2022
14 14 15 pgs cmp Amended Complaint Fri 11/11 3:32 PM
AMENDED COMPLAINT amending1 Complaint against The Haunted Game Cafe, Inc. with JURY DEMAND.Document filed by Christopher Loadholt. Related document:1 Complaint..(Zelman, Yitzchak)
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Friday, October 21, 2022
13 13 16 pgs respm Memorandum of Law in Support of Motion Fri 10/21 5:49 PM
MEMORANDUM OF LAW in Support re:12 MOTION to Dismiss . . Document filed by The Haunted Game Cafe, Inc...(Stein, David)
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12 12 1 pgs motion Dismiss Fri 10/21 5:47 PM
MOTION to Dismiss . Document filed by The Haunted Game Cafe, Inc...(Stein, David)
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Friday, September 30, 2022
10 10 motion Extension of Time to File Answer Fri 09/30 3:42 PM
CONSENT LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Judge Jesse M. Furman from David Stein dated September 30, 2022. Document filed by The Haunted Game Cafe, Inc...(Stein, David)
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order Order on Motion for Extension of Time to Answer Fri 09/30 6:53 PM
ORDER granting10 Letter Motion for Extension of Time to Answer re10 CONSENT LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Judge Jesse M. Furman from David Stein dated September 30, 2022.. The Haunted Game Cafe, Inc. answer due 10/21/2022. Application granted, on consent. As Judge Furman has referred this case to me for general pretrial supervision, future applications of this kind should be directed to my attention. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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Wednesday, September 28, 2022
9 9 misc Rule 7.1 Corporate Disclosure Statement Wed 09/28 4:23 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Haunted Game Cafe, Inc...(Stein, David)
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8 8 notice Notice of Appearance Wed 09/28 4:22 PM
NOTICE OF APPEARANCE by David Stein on behalf of The Haunted Game Cafe, Inc...(Stein, David)
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Wednesday, September 14, 2022
7 7 service Summons Returned Executed Wed 09/14 12:43 PM
SUMMONS RETURNED EXECUTED. The Haunted Game Cafe, Inc. served on 9/9/2022, answer due 9/30/2022. Service was accepted by Gary Sproul, Owner/Registered Agent. Document filed by Christopher Loadholt..(Zelman, Yitzchak)
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Friday, September 02, 2022
6 6 1 pgs order Order Referring Case to Magistrate Judge Fri 09/02 11:29 AM
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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge James L. Cott. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/01/2022) (ama)
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5 5 1 pgs order Order Fri 09/02 11:26 AM
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 assigned Magistrate Judge for both for General Pretrial Purposes, including settlement, and for any dispositive motions. 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 must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned 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/node/754. If the parties do so, and the Court so orders the form, all further proceedings will then be conducted before the assigned 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 Jesse M. Furman on 9/01/2022) (ama)
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Thursday, September 01, 2022
4 4 service Summons Issued Thu 09/01 12:39 PM
ELECTRONIC SUMMONS ISSUED as to The Haunted Game Cafe, Inc.. (sj)
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notice Case Opening Initial Assignment Notice Thu 09/01 12:31 PM
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] ..(sj)
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utility Case Designation Thu 09/01 12:33 PM
Magistrate Judge James L. Cott 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] . (sj)
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utility Case Designated ECF Thu 09/01 12:33 PM
Case Designated ECF. (sj)
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Wednesday, August 31, 2022
3 3 service Request for Issuance of Summons Wed 08/31 3:26 PM
REQUEST FOR ISSUANCE OF SUMMONS as to The Haunted Game Cafe, Inc., re:1 Complaint. Document filed by Christopher Loadholt..(Zelman, Yitzchak)
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2 2 misc Civil Cover Sheet Wed 08/31 3:25 PM
CIVIL COVER SHEET filed..(Zelman, Yitzchak)
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1 1 cmp Complaint Wed 08/31 3:24 PM
COMPLAINT against The Haunted Game Cafe, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26620323)Document filed by Christopher Loadholt..(Zelman, Yitzchak)
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