Pagan v. Luccello, Inc.

New York Southern District Court
Judge:	Vernon S Broderick
Case #:	1:24-cv-00104
Nature of Suit	446 Civil Rights - Amer w/Disabilities - Other
Cause	42:12188 Americans With Disabilities Act - Civil Enforcement Actions

Case Filed:	Jan 05, 2024
Re-opened:	Mar 03, 2024
Terminated:	Aug 28, 2024

Docket
Parties (2)

Last checked: Friday Jul 05, 2024 4:38 AM EDT

Defendant Luccello, Inc.	Represented By Michael K. Chong Law Offices Of Michael K. Chong, LLC contact info
Plaintiff Christopher Pagan	Represented By Jon L. Norinsberg Jon L. Norinsberg, Esq., PLLC contact info Bennitta Lisa Joseph Joseph & Norinsberg, LLC contact info

Docket last updated: 36 minutes ago

Wednesday, August 28, 2024
40		40 1 pgs order Order of Dismissal Wed 08/28 4:58 PM ORDER: Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's docket if the application to restore the action is made within thirty (30) days. (Signed by Judge Vernon S. Broderick on 8/28/2024) (tro) Related: [-]
Tuesday, July 02, 2024
		adr Notice of Mediator Assignment Tue 07/02 4:36 PM NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 8/1/2024.(sge) Related: [-]
		adr Mediation Conference Scheduled Tue 07/02 4:37 PM FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 8/22/2024 at 10:00 AM in telephone or video conference.(sge) Related: [-]
Friday, May 31, 2024
38		38 order Mediation Referral Order Fri 05/31 4:08 PM ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program for settlement of all claims. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. 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 6/14/2024. (Signed by Judge Vernon S. Broderick on 5/30/2024) (rro) Related: [-]
37		37 order Case Management Plan Fri 05/31 4:06 PM 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, pursuant to 28 U.S.C. � 636(c). This case is to be tried before a jury. All fact discovery is to be completed no later than September 10, 2024. Depositions shall be completed by September 10, 2024. All expert discovery, including disclosures, reports, production of underlying documents, and depositions shall be completed by November 7, 2024. All discovery shall be completed no later than November 7, 2024. Telephone Conference set for 11/21/2024 at 02:00 PM before Judge Vernon S. Broderick. The dial-in number is 888-363-4749 and the conference code is 2682448. The parties have conferred and their present best estimate of the length of trial is 2 days. (Signed by Judge Vernon S. Broderick on 5/30/2024) (rro) Related: [-]
Saturday, May 25, 2024
36		36 misc Letter Sat 05/25 12:18 PM JOINT LETTER addressed to Judge Vernon S. Broderick from JOINT PARTIES dated 5/24/2024 re: JOINT LETTER & PROPOSED CASE MANAGEMENT PLAN. Document filed by Christopher Pagan..(Norinsberg, Jon) Related: [-]
35		35 misc Proposed Case Management Plan Sat 05/25 12:14 PM PROPOSED CASE MANAGEMENT PLAN. Document filed by Christopher Pagan..(Norinsberg, Jon) Related: [-]
Wednesday, May 22, 2024
34		34 order Protective Order Wed 05/22 11:27 AM PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/22/2024) (jca) Related: [-]
Monday, May 20, 2024
33		33 misc Proposed Protective Order Mon 05/20 4:56 PM PROPOSED PROTECTIVE ORDER. Document filed by Luccello, Inc...(Chong, Michael) Related: [-]
Friday, May 17, 2024
32		32 2 pgs order Order for Initial Pretrial Conference Fri 05/17 4:50 PM ORDER AND NOTICE OF INITIAL CONFERENCE: ORDERED that the Court will not be holding an initial pretrial conference as further set in this Order. (Signed by Judge Vernon S. Broderick on 5/17/2024) (sgz) Related: [-]
Tuesday, May 14, 2024
31		31 answer Answer to Complaint Tue 05/14 12:32 AM ANSWER to1 Complaint, with JURY DEMAND. Document filed by Luccello, Inc...(Chong, Michael) Related: [-]
Friday, May 10, 2024
30		30 1 pgs order Order Mon 05/13 9:02 AM ORDER: Accordingly, if Plaintiff intends to seek a default judgment, he is directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than May 20, 2024. If Plaintiff fails to do so or otherwise demonstrate that he intends to prosecute this litigation, I will dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). (Signed by Judge Vernon S. Broderick on 5/10/2024) (rro) Related: [-]
Monday, April 08, 2024
29		29 order Status Report Order ~Util - Terminate Motions Mon 04/08 12:14 PM STIPULATION AND ORDER VACATING DEFAULT AND EXTENDING TIME TO ANSWER: IT I HEREBY STIPULATED A D AGREED. by and between the Parties in the above captioned action, acting by mean of their respective counsel, that the default entered against defendant LUCCELLO, INC. d/b/a ITSHOT.COM (herein after "Defendant") is hereby vacated. and that the time for Defendant to answer, move or otherwise respond with respect to the Complaint in the above captioned matter i hereby extended 30 days from the date this Stipulation is so ordered by the Court. There has been no previous request for an extension of time. Defendant reserves all defenses to this action, except waive as to service of the initial Complaint. The Clerk of Court is respectfully directed to terminate the motion pending at Doc. 16. Motions terminated:16 FIRST MOTION for Default Judgment as to Plaintiff . filed by Christopher Pagan. (Signed by Judge Vernon S. Broderick on 4/8/2024) (rro) Related: [-]
Wednesday, April 03, 2024
28		28 misc Proposed Stipulation and Order Wed 04/03 12:44 PM PROPOSED STIPULATION AND ORDER. Document filed by Luccello, Inc...(Chong, Michael) Related: [-]
Tuesday, April 02, 2024
27		27 misc Rule 7.1 Corporate Disclosure Statement Tue 04/02 2:13 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Luccello, Inc...(Chong, Michael) Related: [-]
26		26 notice Notice of Appearance Tue 04/02 2:12 PM NOTICE OF APPEARANCE by Michael K. Chong on behalf of Luccello, Inc...(Chong, Michael) Related: [-]
Friday, March 22, 2024
25		25 service Affidavit of Service Other Fri 03/22 5:52 PM AFFIDAVIT OF SERVICE of Order to Show Cause served on Luccello, Inc. d/b/a ItsHot.com on 3/21/2024. Service was accepted by Muka Abaeva, Front Desk. Document filed by Christopher Pagan..(Norinsberg, Jon) Related: [-]
Tuesday, March 19, 2024
24		24 2 pgs order Order to Show Cause ~Util - Set Deadlines/Hearings Tue 03/19 3:13 PM ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: ORDERED, that the above-named Defendant, Luccello, Inc., d/b/a Itshot.com, show cause at a term of this Court, before the Honorable Judge Vernon S. Broderick, via telephone, using the dial-in 888-363-4749 and the access code 2682448, on the 23rd day of April, 2024, at 1:00 p.m., why a Default Judgment ought not be entered against it, pursuant to Federal Rules of Civil Procedure ("FRCP"), Rule 54(b) and 55(b), in favor of Plaintiff, Christopher Pagan, et al., based upon Defendant's failure to answer or otherwise appear in this action, for the following relief: and further set forth in this Order. IT IS FURTHER ORDERED that Defendant shall deliver any opposing papers in response to this Order to Show Cause no later than 4/8/2024. Plaintiff's counsel shall have until 4/15/2024, to serve any reply papers upon Defendant. The Defendant is advised that failure to respond to the Order to Show Cause may be grounds for the granting of a default judgment against it, in which event the Defendant will have no trial. Related [+] (Signed by Judge Vernon S. Broderick on 3/19/2024) (rro) Related: [-] sponses due by 4/8/2024, Replies due by 4/15/2024., Telephone Conference set for 4/23/2024 at 01:00 PM before Judge Vernon S. Broderick.
Monday, March 18, 2024
		misc Notice to Court Regarding Proposed Order Mon 03/18 11:57 AM ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. 20 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (tp) Related: [-]
		misc Notice to Court Regarding Proposed Order Mon 03/18 11:58 AM ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. 23 Proposed Default Judgment was reviewed and approved as to form. (tp) Related: [-]
Friday, March 15, 2024
23		23 misc Proposed Default Judgment Fri 03/15 7:26 PM PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Christopher Pagan..(Norinsberg, Jon) Related: [-]
22		22 misc Statement of Damages Fri 03/15 7:22 PM STATEMENT OF DAMAGES. Document filed by Christopher Pagan..(Norinsberg, Jon) Related: [-]
21		21 respoth Declaration (non-motion) Fri 03/15 7:22 PM DECLARATION of Jon L. Norinsberg, Esq. re:20 Proposed Order to Show Cause Without Emergency Relief . Document filed by Christopher Pagan..(Norinsberg, Jon) Related: [-]
		Att: 1 Exhibit A, Complaint,
		Att: 2 Exhibit B, Affidavit of Service by Mr. Burke,
		Att: 3 Exhibit C, Email from Denis Stepansky,
		Att: 4 Exhibit D, Certificate of Default Issued by the Clerk's Office,
		Att: 5 Exhibit E, Case Costs,
		Att: 6 Exhibit F, Attorney's Fees,
		Att: 7 Exhibit G, Statement of Damages,
		Att: 8 Exhibit H, Proposed Default Judgment
20		20 misc Proposed Order to Show Cause Without Emergency Relief Fri 03/15 7:17 PM PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Christopher Pagan. Related Document Number:14 ..(Norinsberg, Jon) Related: [-]
Friday, March 08, 2024
19		19 1 pgs order Order Fri 03/08 9:53 AM ORDER: The Clerk of the Court has entered a Certificate of Default in this matter. (Doc. 14.) Plaintiff is directed to my Individual Rule 4.H governing default judgments and ORDERED to take action in this case within seven (7) days. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/7/2024) (tg) Related: [-]
Wednesday, March 06, 2024
18		18 misc Proposed Default Judgment Wed 03/06 2:15 PM PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Christopher Pagan..(Norinsberg, Jon) Related: [-]
17		17 5 pgs respm Memorandum of Law in Support of Motion Wed 03/06 2:09 PM FIRST MEMORANDUM OF LAW in Support re:16 FIRST MOTION for Default Judgment as to Plaintiff . . Document filed by Christopher Pagan..(Norinsberg, Jon) Related: [-]
16		16 motion Default Judgment Wed 03/06 1:40 PM FIRST MOTION for Default Judgment as to Plaintiff . Document filed by Christopher Pagan. Return Date set for 3/20/2024 at 09:30 AM..(Norinsberg, Jon) Related: [-]
15		15 misc Proposed Default Judgment Wed 03/06 1:15 PM FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Christopher Pagan..(Norinsberg, Jon) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 3/6/2024 (nd) Related: [-]
		misc Notice to Attorney to Re-File Document - Event Type Error Wed 03/06 1:40 PM ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jon L. Norinsberg to RE-FILE Document 15 Proposed Default Judgment,. Use the event type Default judgment found under the event list Motions. (nd) Related: [-]
		misc Notice to Court Regarding Proposed Order Wed 03/06 3:21 PM ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. 18 Proposed Default Judgment was reviewed and approved as to form. (tp) Related: [-]
Tuesday, March 05, 2024
14		14 misc Clerk's Certificate of Default Tue 03/05 3:01 PM CLERK'S CERTIFICATE OF DEFAULT as to Luccello, Inc. d/b/a ItsHot.com. (tp) Related: [-]
13		13 respoth Declaration in Support (non-motion) Tue 03/05 2:52 PM DECLARATION of Jon L. Norinsberg, Esq. in Support re:12 Proposed Clerk's Certificate of Default. Document filed by Christopher Pagan..(Norinsberg, Jon) Related: [-]
		Att: 1 Exhibit A, Filed Complaint,
		Att: 2 Exhibit B, Affidavit of Service for Summons & Complaint
12		12 misc Proposed Clerk's Certificate of Default Tue 03/05 2:47 PM PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Christopher Pagan..(Norinsberg, Jon) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers) Related: [-]
		misc Notice to Attorney Regarding Deficient Proposed Clerk's Certificate of Default Tue 03/05 12:07 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Jon Norinsberg. RE-FILE Document No. 11 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): (1) the proposed clerk's certificate of default lists the wrong filed date for the complaint; (2) the documents were not filed separately. Re-file the document using the event type Proposed Clerk's Certificate of Default (by itself) found under the event list Proposed Orders - file the Declaration and attach any and all exhibits - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (tp) Related: [-]
Monday, March 04, 2024
11		11 misc Proposed Clerk's Certificate of Default Mon 03/04 7:21 PM PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Christopher Pagan..(Norinsberg, Jon) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers) Related: [-]
		Att: 1 Proposed Order Application to Clerk for a Certificate of Default,
		Att: 2 Affidavit Declaration of Jon L. Norinsberg in Support of Plaintiff's Application to the Clerk for a Certificate of Default
Sunday, March 03, 2024
10		10 2 pgs order Order on Motion to Reopen Case Mon 03/04 9:38 AM ORDER granting9 Letter Motion to Reopen Case. APPLICATION GRANTED. SO ORDERED. Plaintiff is directed to move for default judgment by March 5, 2024. If Plaintiff fails to do so, I will dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of Court is respectfully directed to reopen this case. (Signed by Judge Vernon S. Broderick on 3/4/2024) (rro) Related: [-]
		utility Set/Reset Deadlines Mon 03/04 9:39 AM Set/Reset Deadlines: Motions due by 3/5/2024. (rro) Related: [-]
Friday, March 01, 2024
9		9 motion Reopen Case Fri 03/01 11:20 AM LETTER MOTION to Reopen Case addressed to Judge Vernon S. Broderick from Jon L. Norinsberg, Esq. dated 3/1/2024. Document filed by Christopher Pagan..(Norinsberg, Jon) Related: [-]
Thursday, February 29, 2024
8		8 1 pgs order Order of Dismissal Fri 03/01 8:49 AM ORDER: Accordingly, Plaintiff's claims are dismissed without prejudice pursuant to Rule 41(b). The Clerk of Court is respectfully directed to terminate this action. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/29/2024) (tg) Related: [-]
Tuesday, February 20, 2024
7		7 1 pgs order Order Tue 02/20 4:47 PM ORDER: Accordingly, if Plaintiff intends to seek a default judgment, he is directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than February 26, 2024. If Plaintiff fails to do so or otherwise demonstrate that he intends to prosecute this litigation, I may dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/20/2024) (ks) Related: [-]
Tuesday, February 13, 2024
6		6 service Summons Returned Executed Tue 02/13 12:46 PM SUMMONS RETURNED EXECUTED Summons and Complaint, served. Luccello, Inc. served on 1/23/2024, answer due 2/13/2024. Service was accepted by Nancy Dougherty, Business Document Specialist. Document filed by Christopher Pagan..(Norinsberg, Jon) Related: [-]
Monday, January 08, 2024
5		5 notice Notice of Appearance Mon 01/08 3:03 PM NOTICE OF APPEARANCE by Bennitta Lisa Joseph on behalf of Christopher Pagan..(Joseph, Bennitta) Related: [-]
4		4 service Summons Issued Mon 01/08 2:53 PM ELECTRONIC SUMMONS ISSUED as to Luccello, Inc...(pc) Related: [-]
		notice Case Opening Initial Assignment Notice Mon 01/08 11:51 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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] ..(pc) Related: [-]
		utility Case Designation Mon 01/08 11:54 AM Magistrate Judge Robert W. Lehrburger 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (pc) Related: [-]
		utility Case Designated ECF Mon 01/08 11:54 AM Case Designated ECF. (pc) Related: [-]
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Mon 01/08 11:54 AM ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jon L. Norinsberg. The following case opening statistical information was erroneously selected/entered: County code Bronx;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (pc) Related: [-]
Friday, January 05, 2024
3		3 service Request for Issuance of Summons Fri 01/05 4:31 PM REQUEST FOR ISSUANCE OF SUMMONS as to Luccello, Inc. d/b/a ItsHot.com, re:1 Complaint,. Document filed by Christopher Pagan..(Norinsberg, Jon) Related: [-]
2		2 misc Civil Cover Sheet Fri 01/05 4:29 PM CIVIL COVER SHEET filed..(Norinsberg, Jon) Related: [-]
1		1 23 pgs cmp Complaint Fri 01/05 4:29 PM COMPLAINT against Luccello, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28775971)Document filed by Christopher Pagan..(Norinsberg, Jon) Related: [-]
		Att: 1 Exhibit A, Medical Records,
		Att: 2 Exhibit B, ItsHot.com - Wave 1,
		Att: 3 Exhibit B-1, ItsHot.com - Wave 2,
		Att: 4 Exhibit B-2, ItsHot.com - Wave 3,
		Att: 5 Exhibit C, ItsHot.com - Sort Site

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