Alexander Gomez v. 319 East 53rd Street, LLC et al
| New York Southern District Court | |
| Judge: | Katherine Polk Failla |
| Case #: | 1:24-cv-00665 |
| Nature of Suit | 446 Civil Rights - Amer w/Disabilities - Other |
| Cause | 42:12101 The Americans with Disabilities Act of 1990 |
| Case Filed: | Jan 30, 2024 |
| Terminated: | Jul 09, 2024 |
| Last checked: Sunday Jul 28, 2024 6:47 AM EDT |
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Defendant
319 East 53rd Street, LLC
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Represented By
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Defendant
Midtown Eats LLC
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Represented By
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Plaintiff
Alexander Gomez
Barducci Law Firm PLLC 5 West 19 St. 10th Fl.
New York, NY 10011 |
Represented By
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| Docket last updated: 4 hours ago |
| Tuesday, July 09, 2024 | ||
| 18 | 18
order
Stipulation and Order of Voluntary Dismissal
Tue 07/09 3:19 PM
STIPULATION OF DISMISSAL WITH PREJUDICE Plaintiff, and Defendant, by and through undersigned counsel and pursuant to Rule 41(a)(l)(A)(ii) of the Federal Rules of Civil Procedure, hereby stipulate to dismiss this action with prejudice and, except as otherwise agreed in writing and signed by the parties in this action, each party shall bear its respective fees and costs. Pursuant to the above stipulation, and the parties' representation to Chambers, via email, that the date of the stipulation should reflect "July 9, 2024," this case is hereby DISMISSED with prejudice. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/9/2024) (jca) |
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| 17 | 17
misc
Stipulation of Voluntary Dismissal
Tue 07/09 10:19 AM
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) 319 East 53rd Street, LLC, Midtown Eats LLC pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Alexander Gomez. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Barducci, Maria Costanza) |
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| Friday, March 08, 2024 | ||
| 16 | 16
order
Case Management Plan
Fri 03/08 5:48 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). 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). Settlement discussions have not taken place. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Depositions of fact witnesses shall be completed by July 22, 2024. This case is not to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is 2-3 days. Deposition due by 10/25/2024. Fact Discovery due by 9/12/2024. Expert Discovery due by 10/25/2024. Pretrial Conference set for 10/2/2024 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (And as further set forth herein.) SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/8/2024) (jca) |
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| 15 | 15
3
pgs
order
Order on Motion to Adjourn Conference Order on Motion for Extension of Time
Fri 03/08 5:42 PM
ORDER granting12 Letter Motion to Adjourn Conference; granting12 Letter Motion for Extension of Time. Application GRANTED. Defendant Midtown Eats LLC shall answer, move, or otherwise respond to the Complaint on or before April 8, 2024. The Court will separately enter the parties' proposed case management plan. In light of the extended fact discovery period, the parties are advised that no extensions to the fact discovery deadline will be given, absent exigent circumstances. The Initial Pretrial Conference scheduled for March 12, 2024, is hereby ADJOURNED sine die. The Clerk of Court is directed to terminate the pending motion at docket entry 12. SO ORDERED.. (Signed by Judge Katherine Polk Failla on 3/8/2024) (jca) |
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| 14 | 14
misc
Rule 7.1 Corporate Disclosure Statement
Fri 03/08 3:04 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 319 East 53rd Street, LLC..(Chancas, Jeffrey) |
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| 13 | 13
notice
Notice of Appearance
Fri 03/08 3:02 PM
NOTICE OF APPEARANCE by Jeffrey C. Chancas on behalf of 319 East 53rd Street, LLC..(Chancas, Jeffrey) |
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| 12 | 12
motion
Adjourn Conference Extension of Time
Fri 03/08 12:33 PM
LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Parties., LETTER MOTION for Extension of Time addressed to Judge Katherine Polk Failla from Parties. Document filed by Alexander Gomez..(Barducci, Maria Costanza) |
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Att: 1
Proposed Order Case Management Plan Proposal
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utility
Set/Reset Deadlines
Fri 03/08 5:43 PM
Set/Reset Deadlines: Midtown Eats LLC answer due 4/8/2024. (jca) |
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| Wednesday, March 06, 2024 | ||
| 11 | 11
notice
Notice of Appearance
Wed 03/06 4:25 PM
NOTICE OF APPEARANCE by Kathleen E Negri Stathopoulos on behalf of Midtown Eats LLC..(Negri Stathopoulos, Kathleen) |
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| Tuesday, March 05, 2024 | ||
| 10 | 10
service
Affidavit of Service Other
Tue 03/05 2:23 PM
AFFIDAVIT OF SERVICE of Court Order [DE#9] served on 319 East 53rd St. LLC and Midtown Eats LLC on March 5, 2024. Service was made by Mail. Document filed by Alexander Gomez..(Barducci, Maria Costanza) |
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| Wednesday, February 28, 2024 | ||
| 9 | 9
3
pgs
order
Order for Initial Pretrial Conference
Wed 02/28 6:13 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/12/2024 at 10:30 AM before Judge Katherine Polk Failla. The conference will be held telephonically. At the scheduled date and time, the parties are to call (646) 453-4442 and enter Conference ID 761 557 524#. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/28/2024) (ks) |
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| Tuesday, February 13, 2024 | ||
| 8 | 8
service
Summons Returned Executed
Tue 02/13 2:24 PM
SUMMONS RETURNED EXECUTED Summons and Complaint served. Midtown Eats LLC served on 2/9/2024, answer due 3/1/2024. Service was accepted by Nancy Dougherty. Document filed by Alexander Gomez..(Barducci, Maria Costanza) |
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| Monday, February 12, 2024 | ||
| 7 | 7
service
Summons Returned Executed
Mon 02/12 10:22 AM
SUMMONS RETURNED EXECUTED Summons and Complaint served. 319 East 53rd Street, LLC served on 2/9/2024, answer due 3/1/2024. Service was accepted by Nancy Dougherty. Document filed by Alexander Gomez..(Barducci, Maria Costanza) |
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| Wednesday, January 31, 2024 | ||
| 6 | 6
service
Summons Issued
Wed 01/31 9:27 AM
ELECTRONIC SUMMONS ISSUED as to Midtown Eats LLC..(jgo) |
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| 5 | 5
service
Summons Issued
Wed 01/31 9:26 AM
ELECTRONIC SUMMONS ISSUED as to 319 East 53rd Street, LLC..(jgo) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Wed 01/31 9:23 AM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Maria Costanza Barducci. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Bronx;. (jgo) |
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notice
Case Opening Initial Assignment Notice
Wed 01/31 9:24 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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 01/31 9:25 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] . (jgo) |
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utility
Case Designated ECF
Wed 01/31 9:25 AM
Case Designated ECF. (jgo) |
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| Tuesday, January 30, 2024 | ||
| 4 | 4
service
Request for Issuance of Summons
Tue 01/30 11:28 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Midtown Eats LLC, re:1 Complaint. Document filed by Alexander Gomez..(Barducci, Maria Costanza) |
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| 3 | 3
service
Request for Issuance of Summons
Tue 01/30 11:21 AM
REQUEST FOR ISSUANCE OF SUMMONS as to 319 East 53rd Street, LLC, re:1 Complaint. Document filed by Alexander Gomez..(Barducci, Maria Costanza) |
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| 2 | 2
misc
Civil Cover Sheet
Tue 01/30 11:17 AM
CIVIL COVER SHEET filed..(Barducci, Maria Costanza) |
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| 1 | 1
14
pgs
cmp
Complaint
Tue 01/30 11:14 AM
COMPLAINT against 319 East 53rd Street, LLC, Midtown Eats LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-28877209)Document filed by Alexander Gomez..(Barducci, Maria Costanza) |
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