Riley v. Americas Collectibles Network, Inc.

New York Southern District Court
Judge:Mary Kay Vyskocil
Case #: 1:24-cv-03654
Nature of Suit446 Civil Rights - Amer w/Disabilities - Other
Cause42:12132 Americans with Disabilities Act - Discrimination
Case Filed:May 13, 2024
Terminated:Aug 19, 2024
Last checked: Saturday Nov 09, 2024 5:16 AM EST
Defendant
Americas Collectibles Network, Inc.
Represented By
Ryan T Benson
O'Hagan Meyer LLC
contact info
Plaintiff
Amanie Riley
Represented By
Mars Khaimov
contact info


Docket last updated: 05/08/2025 11:59 PM EDT
Monday, August 19, 2024
18 18 misc Letter Mon 08/19 5:12 PM
LETTER addressed to Judge Mary Kay Vyskocil from Mars Khaimov dated 8/19/24 Document filed by Amanie Riley..(Khaimov, Mars)
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Att: 1 Exhibit Order to Show Cause from Judge Caproni dated May 17, 2024
17 17 1 pgs order Order of Dismissal Mon 08/19 4:38 PM
ORDER OF DISMISSAL... 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 calendar if the parties are unable to memorialize their settlement in writing and as long as the application to restore the action is made by September 19, 2024. If no such application is made by that date, today's dismissal of the action is with prejudice. See Muze, Inc. v. Digital On Demand, Inc., 356 F.3d 492, 494 n.1 (2d Cir. 2004). SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/19/24) (yv)
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16 16 notice Notice of Settlement Mon 08/19 2:00 PM
NOTICE of Settlement Notice of Settlement And Response To August 19, 2024 Order . Document filed by Americas Collectibles Network, Inc...(Benson, Ryan)
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15 15 1 pgs order Order to Show Cause Mon 08/19 12:25 PM
ORDER TO SHOW CAUSE: Accordingly, IT IS HEREBY ORDERED that by 2:00 p.m. on August 20, 2024 both parties shall file letters showing cause why they should not be sanctioned. Sanctions may include monetary sanctions; preclusion of claims, defenses, and evidence; and the case-terminating sanctions of default judgment and dismissal for failure to prosecute. Counsel must inform their clients of this warning. Failure to comply with this order will result in sanctions. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/19/2024) (tg)
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utility Set/Reset Deadlines Mon 08/19 4:41 PM
Set/Reset Deadlines: Motions due by 9/19/2024. (yv)
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Friday, August 02, 2024
14 14 cmp Amended Complaint Fri 08/02 6:11 PM
FIRST AMENDED COMPLAINT amending1 Complaint against Americas Collectibles Network, Inc. with JURY DEMAND.Document filed by Amanie Riley. Related document:1 Complaint..(Khaimov, Mars)
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Att: 1 Exhibit Declaration of Expert Robert D. Moody
Friday, July 19, 2024
13 13 order Memo Endorsement Fri 07/19 2:56 PM
MEMO ENDORSEMENT on re:11 Affidavit filed by Amanie Riley. ENDORSEMENT: Mr. Khaimov, you name the wrong plaintiff in paragraph 1 of this affidavit. This affidavit is a response to an Order To Show Cause why you should not be sanctioned for neglecting this case and is supposed to demonstrate that you are properly communicating with your client. You swear under penalty of perjury that Damon Jones is the plaintiff in this action, which he is not. Pay attention to your cases, or you will face serious sanctions. (Signed by Judge Mary Kay Vyskocil on 7/19/2024) (tg)
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12 12 2 pgs order Order on Motion for Conference Fri 07/19 2:52 PM
SCHEDULING ORDER terminating7 Letter Motion for Conference. IT IS HEREBY ORDERED that Plaintiff shall file any amended complaint by August 2, 2024. This will be Plaintiff's final opportunity to amend in response to any argument raised in Defendant's pre-motion letter. Failure to file an amended complaint by August 2, 2024 will be deemed a waiver of the opportunity to do so. IT IS FURTHER ORDERED that if Plaintiff does not file an amended complaint by August 2, 2024, Defendant shall file its contemplated motion to dismiss by August 9, 2024. Plaintiff must file an opposition by August 23, 2024. Failure to file an opposition by August 23, 2024 may result in dismissal of this action for failure to prosecute. Any reply is due August 30, 2024. IT IS FURTHER ORDERED that if Plaintiff timely files an amended complaint, Defendant shall respond within 14 days of its filing. If Defendant files a motion to dismiss, the briefing for that motion will be on the schedule set forth in Local Rule 6.1(b). If Plaintiff fails to file a timely opposition, this case may be dismissed for failure to prosecute. Plaintiff and counsel are on notice that failure to comply with court orders and procedural rules may result in sanctions, including monetary sanctions, preclusion of claims, and dismissal with prejudice. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/19/2024) (tg)
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11 11 respoth Affidavit (non-motion) Fri 07/19 11:53 AM
AFFIDAVIT of Mars Khaimov, Esq. re:9 Order to Show Cause,,,,,10 Response to Order to Show Cause . Document filed by Amanie Riley..(Khaimov, Mars)
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10 10 respoth Response to Order to Show Cause Fri 07/19 11:48 AM
RESPONSE TO ORDER TO SHOW CAUSE re:9 Order to Show Cause,,,,,. Document filed by Amanie Riley..(Khaimov, Mars)
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Att: 1 Exhibit Order to Show Cause from Judge Caproni dated May 17, 2024
utility Set/Reset Deadlines Fri 07/19 2:53 PM
Set/Reset Deadlines: Amended Pleadings due by 8/2/2024. Motions due by 8/9/2024. Responses due by 8/23/2024 Replies due by 8/30/2024. (tg)
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Thursday, July 18, 2024
9 9 2 pgs order Order to Show Cause Thu 07/18 12:13 PM
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that by 5:00 p.m. on July 19, 2024 Plaintiff's counsel shall file a letter showing cause why the Court should not impose sanctions for the failure to comply with the Court's Individual Rules and prosecute this case. Plaintiff's counsel must show cause why the Court should not impose sanctions on him personally, in lieu of imposing the harsher sanction of dismissing this action pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. See Baptiste v. Sommers, 768 F.3d 212, 216 (2d Cir. 2014). Plaintiff personally is on notice that she is ultimately responsible for prosecuting this case, which may be dismissed because of her chosen counsel's conduct. See Link v. Wabash R. Co., 370 U.S. 626, 633-34 (1962). Plaintiff's counsel must inform Plaintiff of this warning and must file an affidavit, together with the response to this Order To Show Cause, attesting that he has done so. Failure timely to file the letter and affidavit described in this paragraph may result in sanctions. Plaintiff and counsel are on notice that failure to comply with this Court's orders and Individual Rules and to prosecute this case in accordance with the Federal Rules may result in sanctions, including dismissal with prejudice. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/18/2024) (tg)
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8 8 order Order on Motion to Appear Pro Hac Vice Thu 07/18 11:46 AM
ORDER granting6 Motion for Ryan T. Benson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order)
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Wednesday, June 26, 2024
misc Notice Regarding Pro Hac Vice Motion Wed 06/26 9:50 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 6 MOTION for Ryan T. Benson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29531806. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)
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Tuesday, June 25, 2024
7 7 motion Conference Tue 06/25 5:25 PM
LETTER MOTION for Conference Pre-motion letter requesting a pre-motion conference and/or a briefing schedule for Defendants motion to dismiss addressed to Judge Mary Kay Vyskocil from Ryan T. Benson dated June 25, 2024. Document filed by Americas Collectibles Network, Inc...(Benson, Ryan)
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6 6 motion Appear Pro Hac Vice Tue 06/25 5:21 PM
MOTION for Ryan T. Benson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29531806. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Americas Collectibles Network, Inc...(Benson, Ryan)
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Att: 1 Affidavit Declaration,
Att: 2 Proposed Order Proposed Order
Thursday, June 06, 2024
5 5 service Summons Returned Executed Thu 06/06 9:25 AM
SUMMONS RETURNED EXECUTED Summons and Complaint served. Americas Collectibles Network, Inc. served on 6/5/2024, answer due 6/26/2024. Service was accepted by Adam Hopkins. Document filed by Amanie Riley..(Khaimov, Mars)
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Tuesday, May 14, 2024
4 4 service Summons Issued Tue 05/14 10:13 AM
ELECTRONIC SUMMONS ISSUED as to Americas Collectibles Network, Inc...(gp)
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notice Case Opening Initial Assignment Notice Tue 05/14 10:11 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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] ..(gp)
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utility Case Designation Tue 05/14 10:11 AM
Magistrate Judge Ona T. Wang 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] . (gp)
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utility Case Designated ECF Tue 05/14 10:13 AM
Case Designated ECF. (gp)
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Monday, May 13, 2024
3 3 service Request for Issuance of Summons Mon 05/13 10:52 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Americas Collectibles Network, Inc., re:1 Complaint. Document filed by Amanie Riley..(Khaimov, Mars)
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2 2 misc Civil Cover Sheet Mon 05/13 10:51 AM
CIVIL COVER SHEET filed..(Khaimov, Mars)
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1 1 cmp Complaint Mon 05/13 10:51 AM
COMPLAINT against Americas Collectibles Network, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-29344086)Document filed by Amanie Riley..(Khaimov, Mars)
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