Tarr v. Dora Maar USA, Inc.

New York Southern District Court
Judge:	Vernon S Broderick
Case #:	1:24-cv-00424
Nature of Suit	446 Civil Rights - Amer w/Disabilities - Other
Cause	42:12132 Americans with Disabilities Act - Discrimination

Case Filed:	Jan 19, 2024
Terminated:	Nov 21, 2024

Docket
Parties (2)

Last checked: Friday Jul 19, 2024 4:40 AM EDT

Defendant Dora Maar USA, Inc.	Represented By Shane Kunselman Rolnick Kramer Sadighi LLP contact info
Plaintiff Ellen Elizabeth Tarr	Represented By Mars Khaimov contact info

Docket last updated: 23 minutes ago

Thursday, November 21, 2024
33		33 1 pgs order Order of Discontinuance Thu 11/21 2:37 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. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/21/2024) (sgz) Related: [-]
Tuesday, October 08, 2024
		adr Mediation Conference Scheduled Tue 10/08 11:02 AM FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 11/20/2024 at 01:00 PM in telephone or video conference.(sge) Related: [-]
Friday, October 04, 2024
		adr Notice of Mediator Assignment Fri 10/04 4:29 PM NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 11/4/2024.(sge) Related: [-]
Tuesday, October 01, 2024
31		31 1 pgs order Order on Motion to Appear Pro Hac Vice Wed 10/02 9:05 AM MEMO ENDORSEMENT29 Motion to Appear Pro Hac Vice for Sheila A. Sadighi. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/1/2024) (tg) Modified on 10/2/2024 (tg) Related: [-]
Monday, September 30, 2024
30		30 notice Notice of Change of Address Mon 09/30 2:11 PM NOTICE OF CHANGE OF ADDRESS by Shane Kunselman on behalf of Dora Maar USA, Inc.. New Address: Rolnick Kramer Sadighi LLP, One Pennsylvania Plaza, Suite 3401, New York, New York, USA 10119, 212-597-2800..(Kunselman, Shane) Related: [-]
29		29 motion Appear Pro Hac Vice Mon 09/30 2:08 PM MOTION for Sheila A. Sadighi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29966330. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dora Maar USA, Inc...(Sadighi, Sheila) Related: [-]
		Att: 1 Affidavit of Sheila A. Sadighi,
		Att: 2 Exhibit A (NJ Certificate of Good Standing),
		Att: 3 Exhibit B (DC Certificate of Good Standing),
		Att: 4 Proposed Order Proposed Order
		misc Notice Regarding Pro Hac Vice Motion Mon 09/30 3:17 PM >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 29 MOTION for Sheila A. Sadighi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29966330. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) Related: [-]
Tuesday, August 27, 2024
		notice Notice of Redesignation to Magistrate Judge Wed 08/28 8:03 AM NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Henry J. Ricardo to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (mml) Related: [-]
Monday, August 26, 2024
28		28 order Case Management Plan Tue 08/27 9:23 AM 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). The parties have engaged in settlement discussions. This case is to be tried to a jury. No additional parties may be joined after 30 days from the entry of this order absent a showing of good cause under Federal Rule of Civil Procedure 16. No additional causes of action or defenses may be asserted after 30 days from the entry of this order absent a showing of good cause under Federal Rule of Civil Procedure 16. Depositions shall be completed by 1/31/2025. The dial-in number is 888-363-4749 and the conference code is 2682448. Counsel for the parties propose the following alternative dispute resolution mechanism for this case: Referral to the Southern District's Mediation Program. SO ORDERED. Expert Deposition due by 3/7/2025. Fact Discovery due by 1/31/2025. Expert Discovery due by 3/7/2025. Discovery due by 3/7/2025. Estimate length of trial is 4 days. Telephone Conference set for 3/19/2025 at 02:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 8/26/2024) (tg) Related: [-]
27		27 order Mediation Referral Order Tue 08/27 9:16 AM 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 9/9/2024. (Signed by Judge Vernon S. Broderick on 8/26/2024) (tg) Modified on 8/27/2024 (tg) Related: [-]
Monday, August 19, 2024
26		26 misc Letter Mon 08/19 11:38 PM JOINT LETTER addressed to Judge Vernon S. Broderick from Mars Khaimov, Esq. and Shane Kunselman, Esq. dated 8/19/2024 re: Case Management Plan. Document filed by Ellen Elizabeth Tarr..(Khaimov, Mars) Related: [-]
25		25 misc Proposed Case Management Plan Mon 08/19 11:35 PM PROPOSED CASE MANAGEMENT PLAN. Document filed by Ellen Elizabeth Tarr..(Khaimov, Mars) Related: [-]
		Att: 1 Supplement Joint Letter per Courts 8/12/24 Order
Monday, August 12, 2024
24		24 2 pgs order Order for Initial Pretrial Conference Mon 08/12 3:42 PM ORDER AND NOTICE OF INITIAL CONFERENCE: It is hereby: ORDERED that the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by August 19, 2024, the parties submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs: as further set forth in this Order. (Signed by Judge Vernon S. Broderick on 8/12/2024) (sgz) Related: [-]
Friday, August 09, 2024
23		23 answer Answer to Complaint Fri 08/09 10:13 PM ANSWER to1 Complaint. Document filed by Dora Maar USA, Inc...(Kunselman, Shane) Related: [-]
Monday, July 22, 2024
22		22 4 pgs order Order on Motion for Extension of Time Mon 07/22 2:49 PM ORDER granting21 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. For the reasons set forth below, including Plaintiff's consent to the foregoing, Defendant's motion to vacate the Clerk's Certificate of Default against it is GRANTED. The deadline for Defendant to respond to the complaint is extended to August 9, 2024. (Signed by Judge Vernon S. Broderick on 7/22/2024) (rro) Related: [-]
		utility Set/Reset Deadlines Mon 07/22 2:50 PM Set/Reset Deadlines: Dora Maar USA, Inc. answer due 8/9/2024. (rro) Related: [-]
Friday, July 19, 2024
21		21 motion Extension of Time Fri 07/19 11:53 PM LETTER MOTION for Extension of Time and to Vacate the Entry of Default addressed to Judge Vernon S. Broderick from Shane Kunselman dated July 19, 2024. Document filed by Dora Maar USA, Inc...(Kunselman, Shane) Related: [-]
		Att: 1 Exhibit A (Declaration of Sheila A. Sadighi)
Tuesday, July 09, 2024
20		20 3 pgs order Order to Show Cause Tue 07/09 10:57 AM ORDER TO SHOW CAUSE ORDERED, that the above named Defendant, Dora Maar USA, Inc, appear telephonically on August 2, 2024 at 2:00 p.m. and show cause as to 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, ELLEN ELIZABETH TARR, based upon Defendants failure to answer or otherwise appear in this action, for the following relief: a) A preliminary and permanent injunction to prohibit Defendant from violating the American With Disabilities Act, 42 U.S.C. 12182, et seq., N.Y. Exec. Law 296, et seq., N.Y.C. Administrative Code 8-107, et seq., and the laws of New York; b) A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its website fully complaint with the requirements set forth in the ADA, and its implementation of regulations, in order that the website is readily accessible to and usable by all blind or sight-impaired individuals; c) A declaration that the Defendant owns, maintains and/or operates the Defendant's website in a manner that discriminates against the blind and/or sight-impaired and which fails to provide access for persons with disabilities as required by the Americans With Disabilities Act, 42 U.S.C. 12182, et seq., N.Y. Exec. Law 296, et seq., N.Y.C.Administrative Code 8-107, et seq., and the laws of New York;d)Compensatory Damages and Civil Fines, pursuant to NYSHRL, and NYCHRL, in the amount of $1,500;e)Reasonable attorney fees at the discretion of this Honorable Court. IT IS FURTHER ORDERED, that service of a copy of this Order and the papers upon which it is based, shall be served upon Defendant, or their attorneys who agree to accept service upon their behalf, on or before July 11, 2024, and such service shall be deemed good and sufficient service. IT IS FURTHER ORDERED, that Defendant shall deliver any opposing papers in response to this Order to Show Cause no later than July 19, 2024. Service shall be made by delivering the papers, using the most expeditious means available, by that date and time to Plaintiffs counsel at 100 Duffy Ave., Suite 510, Hicksville, New York 11801. Plaintiffs counsel shall have until July 26, 2024 to serve any reply papers upon Defendant or their counsel, if counsel shall have made an appearance in this action. 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. Show Cause Hearing set for 8/2/2024 at 02:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 7/9/2024) (jca) Related: [-]
Friday, June 21, 2024
19		19 notice Notice of Appearance Fri 06/21 4:26 PM NOTICE OF APPEARANCE by Shane Kunselman on behalf of Dora Maar USA, Inc...(Kunselman, Shane) Related: [-]
18		18 misc Proposed Default Judgment Fri 06/21 2:04 PM PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Ellen Elizabeth Tarr..(Khaimov, Mars) Related: [-]
17		17 respoth Affidavit in Support (non-motion) Fri 06/21 2:03 PM AFFIDAVIT of Mars Khaimov in Support re:16 Proposed Order to Show Cause Without Emergency Relief. Document filed by Ellen Elizabeth Tarr..(Khaimov, Mars) Related: [-]
		Att: 1 Exhibit A - Complaint,
		Att: 2 Exhibit B - Return/Proof of Service,
		Att: 3 Exhibit C - Certificate of Default
16		16 misc Proposed Order to Show Cause Without Emergency Relief Fri 06/21 2:00 PM PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Ellen Elizabeth Tarr..(Khaimov, Mars) Related: [-]
		misc Notice to Court Regarding Proposed Order Fri 06/21 3:52 PM ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. 16 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (nd) Related: [-]
		misc Notice to Court Regarding Proposed Order Fri 06/21 3:53 PM ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. 18 Proposed Default Judgment was reviewed and approved as to form. (nd) Related: [-]
Wednesday, May 22, 2024
15		15 1 pgs order Order Wed 05/22 5:11 PM 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 thirty (30) days. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/22/2024) (jca) Related: [-]
Tuesday, May 21, 2024
14		14 misc Clerk's Certificate of Default Tue 05/21 4:47 PM CLERK'S CERTIFICATE OF DEFAULT as to defendant Dora Maar USA, Inc. (tp) Related: [-]
13		13 respoth Affirmation in Support (non-motion) Tue 05/21 4:27 PM AFFIRMATION of Mars Khaimov in Support re:12 Proposed Clerk's Certificate of Default. Document filed by Ellen Elizabeth Tarr..(Khaimov, Mars) Related: [-]
12		12 misc Proposed Clerk's Certificate of Default Tue 05/21 4:25 PM PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Ellen Elizabeth Tarr..(Khaimov, Mars) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers) Related: [-]
11		11 respoth Affidavit in Support (non-motion) Tue 05/21 1:35 PM FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Mars Khaimov in Support re:10 Proposed Clerk's Certificate of Default. Document filed by Ellen Elizabeth Tarr..(Khaimov, Mars) Modified on 5/21/2024 (tp) Related: [-]
10		10 misc Proposed Clerk's Certificate of Default Tue 05/21 1:13 PM FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Ellen Elizabeth Tarr..(Khaimov, Mars) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 5/21/2024 (tp) Related: [-]
		misc Notice to Attorney Regarding Deficient Proposed Clerk's Certificate of Default Tue 05/21 10:16 AM ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Mars Khaimov. RE-FILE Document No. 9 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): no supporting document(s) filed (see ECF Rule 16.1). Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - 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: [-]
		misc Notice to Attorney to Re-File Document - Event Type Error Tue 05/21 2:25 PM ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Mars Khaimov to RE-FILE Document 11 Affidavit in Support. Use the event type Affirmation in Support (non-motion) found under the event list Other Answers. (tp) Related: [-]
Monday, May 20, 2024
9		9 misc Proposed Clerk's Certificate of Default Mon 05/20 5:37 PM PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Ellen Elizabeth Tarr..(Khaimov, Mars) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers) Related: [-]
Tuesday, March 19, 2024
8		8 1 pgs order Order on Motion for Extension of Time to File Tue 03/19 3:18 PM ORDER granting7 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. In light of ongoing settlement discussions, the deadline for Plaintiff to file an application for default judgment is hereby extended to May 21, 2024. (Signed by Judge Vernon S. Broderick on 3/19/2024) (rro) Related: [-]
		utility Set/Reset Deadlines Tue 03/19 3:19 PM Set/Reset Deadlines: Motions due by 5/21/2024. (rro) Related: [-]
Monday, March 18, 2024
7		7 motion Extension of Time to File Document Mon 03/18 4:59 PM LETTER MOTION for Extension of Time to File Order to Show Cause for Default Judgment addressed to Judge Vernon S. Broderick from Mars Khaimov dated 3/18/24. Document filed by Ellen Elizabeth Tarr..(Khaimov, Mars) Related: [-]
Sunday, March 17, 2024
6		6 1 pgs order Order Mon 03/18 8:49 AM ORDER: Accordingly, if Plaintiff intends to seek a default judgment, she is directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than March 22, 2024. If Plaintiff fails to do so or otherwise demonstrate that she 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 3/17/2024) (rro) Related: [-]
Wednesday, February 21, 2024
5		5 service Summons Returned Executed Wed 02/21 2:35 PM SUMMONS RETURNED EXECUTED Summons and Complaint served. Dora Maar USA, Inc. served on 2/21/2024, answer due 3/13/2024. Service was accepted by Sophie Ming. Document filed by Ellen Elizabeth Tarr..(Khaimov, Mars) Related: [-]
Monday, January 22, 2024
4		4 service Summons Issued Mon 01/22 11:00 AM ELECTRONIC SUMMONS ISSUED as to Dora Maar USA, Inc. (vf) Related: [-]
		notice Case Opening Initial Assignment Notice Mon 01/22 10:57 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] ..(vf) Related: [-]
		utility Case Designation Mon 01/22 10:58 AM Magistrate Judge James L. Cott 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] . (vf) Related: [-]
		utility Case Designated ECF Mon 01/22 10:58 AM Case Designated ECF. (vf) Related: [-]
Friday, January 19, 2024
3		3 service Request for Issuance of Summons Fri 01/19 2:37 PM REQUEST FOR ISSUANCE OF SUMMONS as to Dora Maar USA, Inc., re:1 Complaint. Document filed by Ellen Elizabeth Tarr..(Khaimov, Mars) Related: [-]
2		2 misc Civil Cover Sheet Fri 01/19 2:28 PM CIVIL COVER SHEET filed..(Khaimov, Mars) Related: [-]
1		1 30+ pgs cmp Complaint Fri 01/19 2:27 PM COMPLAINT against Dora Maar USA, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-28833856)Document filed by Ellen Elizabeth Tarr..(Khaimov, Mars) Related: [-]

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