Jackson v. Urbani Truffles USA Corporation
| New York Southern District Court | |
| Judge: | Katherine Polk Failla |
| Case #: | 1:24-cv-03747 |
| Nature of Suit | 446 Civil Rights - Amer w/Disabilities - Other |
| Cause | 28:1331 Fed. Question |
| Case Filed: | May 15, 2024 |
| Terminated: | Dec 13, 2024 |
| Last checked: Monday Nov 11, 2024 3:27 AM EST |
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Defendant
Urbani Truffles USA Corporation
10 West End Avenue
New York, NY 10023 |
Represented By
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Plaintiff
Sylinia Jackson
On Behalf of Herself and All Other Persons Similarly Situated c/o Gottlieb & Associates 150 East 18th Street Suite PHR
New York, NY 10003 |
Represented By
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ThirdParty Defendant
Accessibe, Inc.
1140 Broadway
New York, NY 10001 |
Represented By
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ThirdParty Plaintiff
Urbani Truffles USA Corporation
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Represented By
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| Docket last updated: 2 hours ago |
| Monday, February 03, 2025 | ||
| 29 | 29
order
Judgment - Consent
Mon 02/03 12:31 PM
CONSENT DECREE: THE COURT, HAVING CONSIDERED the pleadings, law, underlying facts and having reviewed this proposed Consent Decree, FINDS AS FOLLOWS: 1) This Court has jurisdiction over the Action under 28 U.S.C. § 1331 and 42 U.S.C. § 12188; 2) The provisions of this Consent Decree shall be binding upon the Parties; 3) This Consent Decree is for settlement purposes only and does not constitute an admission by Defendant of any of the allegations contained in the Complaint or any other pleading in this Action, nor does it constitute any finding of liability against Defendant; 4) The Court shall retain jurisdiction over this matter for 36 months; and 5) This Consent Decree shall be deemed as adjudicating, once and for all, the merits of each and every claim, matter, and issue that was alleged, or could have been alleged by Plaintiff in the Action based on, or arising out of, or in connection with, the allegations in the Complaint. NOW THEREFORE, the Court approves the Consent Decree and in doing so specifically adopts it and makes it an Order of the Court. SO ORDERED (Signed by Judge Katherine Polk Failla on 2/3/2025) (ks) |
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| Friday, January 31, 2025 | ||
| 28 | 28
misc
Letter
Fri 01/31 12:38 PM
LETTER addressed to Judge Katherine Polk Failla from Brian L. Grossman dated January 31, 2025 re: Judicial Approval of Consent Decree. Document filed by Urbani Truffles USA Corporation..(Grossman, Brian) |
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Att: 1
Proposed Order Consent Decree
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| Friday, December 13, 2024 | ||
| 27 | 27
2
pgs
order
Order of Discontinuance
Fri 12/13 4:41 PM
ORDER OF DISCONTINUANCE By letters dated December 13, 2024, Plaintiff and Defendant reported to the Court that they have reached a settlement in principle in this case. Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within forty-five (45) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 45-day period. 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 12/13/2024) (jca) |
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| 26 | 26
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pgs
order
Order on Motion for Extension of Time to Amend
Fri 12/13 4:39 PM
ORDER terminating25 Letter Motion for Extension of Time to Amend. The Court has reviewed the letter filed by Defendant/Third-Party Plaintiff Urbani Truffles USA Corporation (Dkt. #25), as well as the letter filed by Plaintiff (Dkt. #24). As the parties represent that Plaintiff and Defendant/Third-Party Plaintiff have reached a settlement in principle, and since Defendant/Third-Party Plaintiff represents that it seeks a one-week extension of the deadline on or before which to file an amended third-party complaint for the purpose of finalizing the settlement and, subsequently, terminating the action against Third-Party Defendant accessiBe (see Dkt. #25), the Court has issued a 45-day order of discontinuance under separate cover. The parties can apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. (Signed by Judge Katherine Polk Failla on 12/13/2024) (rro) |
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| 25 | 25
motion
Extension of Time to Amend
Fri 12/13 2:47 PM
LETTER MOTION for Extension of Time to Amend24 Notice of Settlement, Pretrial Conference - Initial,, addressed to Judge Katherine Polk Failla from Brian L. Grossman dated December 13, 2024. Document filed by Urbani Truffles USA Corporation..(Grossman, Brian) |
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| 24 | 24
notice
Notice of Settlement
Fri 12/13 1:38 PM
NOTICE of Settlement . Document filed by Sylinia Jackson..(Gottlieb, Dana) |
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| Thursday, November 07, 2024 | ||
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minutes
Pretrial Conference - Initial
Thu 11/07 1:11 PM
Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial/Pre-motion Conference held on 11/7/2024. Attorney Brian Louis Grossman representing Defendant/Third-Party Plaintiff present. Attorney Martin Simon Krezalek representing Third-Party Defendant present. Third-party Plaintiff's amended complaint is due by 12/13/2024; Third-Party Defendant's motion to dismiss is due by 1/17/2025; Opposition is due by 2/18/2025; and Reply is due by 3/4/2025. (Court Reporter recorded) (tn) |
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| Wednesday, October 30, 2024 | ||
| 23 | 23
4
pgs
order
Order on Motion for Conference
Wed 10/30 4:55 PM
MEMO ENDORSEMENT on22 LETTER RESPONSE terminating21 Letter Motion for Conference. ENDORSEMENT: The Court has reviewed the letter motion submitted by Third-Party Defendant accessiBe, Inc., dated October 25, 2024 (Dkt. #21), and the reply letter submitted by Defendant and Third-Party Plaintiff Urbani Truffles USA Corporation, dated October 29, 2024 (Dkt. #22). The parties are hereby ORDERED to appear at a pre-motion conference to discuss the issues raised in these letters on November 7, 2024, at 10:00 a.m. This conference shall take place via telephone. At the scheduled time, the parties shall dial (888) 363-4749 and enter access code 5123533. The Clerk of Court is directed to terminate the pending motion at docket entry 21. (Signed by Judge Katherine Polk Failla on 10/30/2024) (sgz) |
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utility
Set/Reset Hearings
Wed 10/30 4:57 PM
Set/Reset Hearings: Telephone Conference set for 11/7/2024 at 10:00 AM before Judge Katherine Polk Failla. (sgz) |
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| Tuesday, October 29, 2024 | ||
| 22 | 22
respm
Response in Opposition to Motion
Tue 10/29 4:32 PM
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Brian L. Grossman dated October 29, 2024 re:21 LETTER MOTION for Conference re:14 Answer to Complaint,, Third Party Complaint, addressed to Judge Katherine Polk Failla from Martin S. Kreza . Document filed by Urbani Truffles USA Corporation..(Grossman, Brian) |
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| Friday, October 25, 2024 | ||
| 21 | 21
motion
Conference
Fri 10/25 4:05 PM
LETTER MOTION for Conference re:14 Answer to Complaint,, Third Party Complaint, addressed to Judge Katherine Polk Failla from Martin S. Krezalek dated 10/25/2024. Document filed by Accessibe, Inc...(Krezalek, Martin) |
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| Wednesday, September 25, 2024 | ||
| 20 | 20
service
Waiver of Service Executed
Wed 09/25 2:10 PM
WAIVER OF SERVICE RETURNED EXECUTED. Accessibe, Inc. waiver sent on 8/26/2024, answer due 10/25/2024. Document filed by Urbani Truffles USA Corporation..(Grossman, Brian) |
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| Tuesday, August 27, 2024 | ||
| 19 | 19
order
Case Management Plan
Tue 08/27 3:41 PM
CIVIL 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. 28 U.S.C. § 636(c). Depositions of fact witnesses shall be completed by January 24, 2025. This case is to be tried to a jury. Counsel for the parties have conferred and the present best estimate of the length of trial is 3-5 days. Fact Discovery due by 2/28/2025. Expert Discovery due by 4/11/2025. Deposition due by 4/11/2025. (Signed by Judge Katherine Polk Failla on 8/27/2024) (sgz) |
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minutes
Pretrial Conference - Initial
Tue 08/27 4:02 PM
Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference held on 8/27/2024. Attorneys Jeffrey Michael Gottlieb and Dana Lauren Gottlieb representing Defendant present. (Court Reporter recorded) (tn) |
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| Wednesday, August 21, 2024 | ||
| 18 | 18
misc
Proposed Case Management Plan
Wed 08/21 5:52 PM
PROPOSED CASE MANAGEMENT PLAN. Document filed by Sylinia Jackson..(Gottlieb, Jeffrey) |
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| 17 | 17
service
Summons Issued
Wed 08/21 1:51 PM
ELECTRONIC SUMMONS ISSUED as to Accessibe, Inc...(pc) |
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| Tuesday, August 20, 2024 | ||
| 16 | 16
misc
Proposed Case Management Plan
Tue 08/20 5:26 PM
PROPOSED CASE MANAGEMENT PLAN. Document filed by Sylinia Jackson..(Gottlieb, Jeffrey) |
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Att: 1
Supplement Joint Status Letter
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| 15 | 15
service
Request for Issuance of Summons
Tue 08/20 4:47 PM
REQUEST FOR ISSUANCE OF SUMMONS as to ACCESSIBE INC., re:14 Answer to Complaint,, Third Party Complaint,. Document filed by Urbani Truffles USA Corporation..(Grossman, Brian) |
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| 14 | 14
answer
Answer to Complaint Third Party Complaint
Tue 08/20 4:45 PM
ANSWER to4 Complaint with JURY DEMAND., THIRD PARTY COMPLAINT against Accessibe, Inc.. Document filed by Urbani Truffles USA Corporation..(Grossman, Brian) |
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Att: 1
Exhibit 1 - Response Letter,
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Att: 2
Exhibit 2 - Compliance Audit,
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Att: 3
Exhibit 3 - Legal Research,
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Att: 4
Exhibit 4 - Compliance Overview
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| 13 | 13
misc
Rule 7.1 Corporate Disclosure Statement
Tue 08/20 4:41 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Urbani Tartufi S.r.l. for Urbani Truffles USA Corporation. Document filed by Urbani Truffles USA Corporation..(Grossman, Brian) |
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| Tuesday, July 23, 2024 | ||
| 12 | 12
2
pgs
order
Order on Motion to Adjourn Conference Order on Motion for Extension of Time to Answer
Tue 07/23 12:20 PM
ORDER granting11 Letter Motion to Adjourn Conference; granting11 Letter Motion for Extension of Time to Answer re4 Complaint. Application GRANTED. Defendant shall answer or otherwise respond to the complaint in this action on or before August 20, 2024. The initial pre-trial conference in this case currently schedule for August 1, 2024, is hereby ADJOURNED to August 27, 2024, at 12:00 p.m. The Clerk of Court is directed to terminate the pending motion at docket number 11. SO ORDERED. Urbani Truffles USA Corporation answer due 8/20/2024( Initial Conference set for 8/27/2024 at 12:00 PM before Judge Katherine Polk Failla.). (Signed by Judge Katherine Polk Failla on 7/23/2024) (tg) |
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| Monday, July 22, 2024 | ||
| 11 | 11
motion
Adjourn Conference Extension of Time to File Answer
Mon 07/22 3:20 PM
LETTER MOTION to Adjourn Conference Initial Pre-Trial Conference, currently scheduled for August 1, 2024, addressed to Judge Katherine Polk Failla from Brian L. Grossman dated July 22, 2024., LETTER MOTION for Extension of Time to File Answer re:4 Complaint,7 Order for Initial Pretrial Conference, addressed to Judge Katherine Polk Failla from Brian L. Grossman dated July 22, 2024. Document filed by Urbani Truffles USA Corporation..(Grossman, Brian) |
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| 10 | 10
notice
Notice of Appearance
Mon 07/22 3:13 PM
NOTICE OF APPEARANCE by Brian Louis Grossman on behalf of Urbani Truffles USA Corporation..(Grossman, Brian) |
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| Thursday, July 11, 2024 | ||
| 9 | 9
service
Affidavit of Service Other
Thu 07/11 2:13 AM
AFFIDAVIT OF SERVICE of Judge Failla's Order Dated June 14, 2024 & Her Honorr's Individual Rules of Practice in Civil Cases served on Urbani Truffles USA Corporation on July 11, 2024. Service was made by electronic mail. Document filed by Sylinia Jackson..(Gottlieb, Dana) |
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| 8 | 8
service
Certificate of Service Complaints
Thu 07/11 2:09 AM
CERTIFICATE OF SERVICE of Summons and Complaint. Urbani Truffles USA Corporation served on 6/17/2024, answer due 7/8/2024. Service was accepted by Victorio Giordano, Authorized Agent. Document filed by Sylinia Jackson..(Gottlieb, Dana) |
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| Friday, June 14, 2024 | ||
| 7 | 7
3
pgs
order
Order for Initial Pretrial Conference
Fri 06/14 4:47 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/1/2024 at 10:00 AM before Judge Katherine Polk Failla. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. SO ORDERED (Signed by Judge Katherine Polk Failla on 6/14/2024) (ks) |
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| Thursday, May 16, 2024 | ||
| 6 | 6
service
Summons Issued
Thu 05/16 3:02 PM
ELECTRONIC SUMMONS ISSUED as to Urbani Truffles USA Corporation..(gp) |
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| 5 | 5
service
Request for Issuance of Summons
Thu 05/16 2:51 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Urbani Truffles USA Corporation, re:4 Complaint. Document filed by Sylinia Jackson..(Gottlieb, Dana) |
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| 4 | 4
cmp
Complaint
Thu 05/16 2:50 PM
COMPLAINT against Urbani Truffles USA Corporation. Document filed by Sylinia Jackson..(Gottlieb, Dana) |
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| 3 | 3
notice
Notice of Appearance
Thu 05/16 8:24 AM
NOTICE OF APPEARANCE by Jeffrey Michael Gottlieb on behalf of Sylinia Jackson..(Gottlieb, Jeffrey) |
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notice
Case Opening Initial Assignment Notice
Thu 05/16 2:17 PM
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] ..(vf) |
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utility
Case Designation
Thu 05/16 2:17 PM
Magistrate Judge Sarah Netburn 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) |
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utility
Case Designated ECF
Thu 05/16 2:17 PM
Case Designated ECF. (vf) |
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| Wednesday, May 15, 2024 | ||
| 2 | 2
misc
Civil Cover Sheet
Wed 05/15 11:38 PM
CIVIL COVER SHEET filed..(Gottlieb, Dana) |
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| 1 | 1
28
pgs
cmp
Complaint
Wed 05/15 11:36 PM
COMPLAINT against Urbani Truffles USA Corporation. (Filing Fee $ 405.00, Receipt Number ANYSDC-29360860)Document filed by Urbani Truffles USA Corporation..(Gottlieb, Dana) |
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