Swartz v. West 63 Empire Associates, LLC

New York Southern District Court
Judge:	Jennifer H Rearden
Case #:	1:24-cv-05122
Nature of Suit	446 Civil Rights - Amer w/Disabilities - Other
Cause	42:12101 The Americans with Disabilities Act of 1990

Case Filed:

Jul 05, 2024

Docket
Parties (2)

Last checked: Wednesday Jan 01, 2025 3:38 AM EST

Defendant West 63 Empire Associates, LLC a Delaware Limited Liability Company c/o Chetrit Group, LLC 512 7th Avenue 15th Floor New York, NY 10018	Represented By Stuart Alan Weinberger Weinberger & Weinberger LLP contact info
Plaintiff Helen Swartz Individually c/o Brandon Rotbart, Esq. 11098 Biscayne Boulevard Suite 401-18 Miami, FL 33161	Represented By Brandon A Rotbart Law Office Of Brandon A. Rotbart contact info

Docket last updated: 6 hours ago

Tuesday, December 03, 2024
		adr Mediation Conference Scheduled Tue 12/03 4:07 PM SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 12/10/2024 at 10:00 AM in telephone or video conference.(rpr) Related: [-]
Wednesday, November 13, 2024
		adr Mediation Conference Not Held Wed 11/13 11:31 AM MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 11/20/2024 will not be held. Mediation Status due by 12/2/2024.(sni) Related: [-]
Monday, October 21, 2024
20		20 answer Answer to Complaint Mon 10/21 8:35 PM ANSWER to6 Complaint. Document filed by West 63 Empire Associates, LLC..(Weinberger, Stuart) Related: [-]
19		19 misc Rule 7.1 Corporate Disclosure Statement Mon 10/21 8:33 PM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by West 63 Empire Associates, LLC..(Weinberger, Stuart) Related: [-]
Saturday, October 19, 2024
18		18 order Memo Endorsement ~Util - Terminate Motions ~Util - Set Deadlines/Hearings ~Util - Set Scheduling Order Deadlines Sat 10/19 10:07 PM MEMO ENDORSEMENT on re:17 Letter Motion for Extension of Time to File Answer. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 17. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 10/19/2024) (kpk) Related: [-]
Tuesday, October 15, 2024
		adr Mediation Conference Scheduled Tue 10/15 9:47 AM FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 11/20/2024 at 10:00 AM in telephone or video conference.(sni) Related: [-]
Wednesday, October 02, 2024
		adr Notice of Mediator Assignment Wed 10/02 12:44 PM NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 11/1/2024.(sge) Related: [-]
Monday, September 23, 2024
17		17 motion Extension of Time to File Answer Mon 09/23 9:25 AM LETTER MOTION for Extension of Time to File Answer addressed to Judge Jennifer H. Rearden from Stuart Weinberger dated September 20, 2024. Document filed by West 63 Empire Associates, LLC..(Weinberger, Stuart) Related: [-]
16		16 notice Notice of Appearance Mon 09/23 9:23 AM NOTICE OF APPEARANCE by Stuart Alan Weinberger on behalf of West 63 Empire Associates, LLC..(Weinberger, Stuart) Related: [-]
Saturday, July 27, 2024
15		15 order Mediation Referral Order Mon 07/29 9:35 AM MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. Absent leave of Court, the mediation will have no effect upon any scheduling Order issued by this Court. The Court specifically requests that a mediator with expertise in ADA matters be assigned. The Court expects the parties to commence mediation promptly, and to the extent possible, within 45 days of the Defendant's appearance. Within two days of completing mediation, the parties shall file a joint letter apprising the Court of the outcome. If the case was not resolved, the letter shall propose next steps. SO ORDERED. It is hereby ORDERED that this case is referred to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 and the Mediation Program Procedures shall govern the mediation. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. 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 8/12/2024. (Signed by Judge Jennifer H. Rearden on 7/27/2024) (mml) Related: [-]
14		14 1 pgs order Order Mon 07/29 9:32 AM ORDER: This case has been assigned to this Court for all purposes. In the Court's experience, cases of this nature often benefit from early mediation. To that end, by separate Order to be entered today, the Court is referring this case to the Court-annexed Mediation Program. Counsel who have entered a notice of appearance as of the date of this Order are directed to (1) notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this Order and the Court's Individual Rules and Practices forthwith; and (2) file proof of such notice with the Court. If unaware of the identity of counsel for those parties who have not yet appeared, counsel receiving this Order must forthwith send a copy of this Order and the Court's Individual Rules and Practices to those parties personally. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 7/27/2024) (mml) Related: [-]
Monday, July 15, 2024
13		13 service Amended Summons Issued Mon 07/15 2:44 PM ELECTRONIC AMENDED SUMMONS ISSUED as to West 63 Empire Associates, LLC..(pc) Related: [-]
Friday, July 12, 2024
12		12 service Request for Issuance of Amended Summons Fri 07/12 1:32 PM REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to West 63 Empire Associates, LLC, re:6 Complaint. Document filed by Helen Swartz..(Rotbart, Brandon) Related: [-]
11		11 service Summons Issued Fri 07/12 1:20 PM ELECTRONIC SUMMONS ISSUED as to West 63 Empire Associates, LLC. (sj) Related: [-]
10		10 service Request for Issuance of Amended Summons Fri 07/12 11:29 AM FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to West 63 Empire Associates, LLC, re:6 Complaint. Document filed by Helen Swartz.(Rotbart, Brandon) Modified on 7/12/2024 (sj) Related: [-]
9		9 service Request for Issuance of Amended Summons Fri 07/12 11:27 AM FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to West 63 Empire Associates, LLC, re:6 Complaint. Document filed by Helen Swartz..(Rotbart, Brandon) Modified on 7/12/2024 (sj) Related: [-]
		misc Notice to Attorney Regarding Deficient Request for Issuance of Summons Fri 07/12 1:25 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Brandon A Rotbart to RE-FILE Document No. 10 Request for Issuance of Amended Summons, 9 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Summonses are only issued to parties of the case and must be listed first in the 'To' field. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) Related: [-]
Thursday, July 11, 2024
8		8 service Request for Issuance of Summons Thu 07/11 2:12 PM REQUEST FOR ISSUANCE OF SUMMONS as to West 63 Empire Associates, LLC, re:6 Complaint. Document filed by Helen Swartz..(Rotbart, Brandon) Related: [-]
7		7 misc Civil Cover Sheet Thu 07/11 2:06 PM CIVIL COVER SHEET filed..(Rotbart, Brandon) Related: [-]
6		6 cmp Complaint Thu 07/11 12:58 PM COMPLAINT against West 63 Empire Associates, LLC. Document filed by Helen Swartz..(Rotbart, Brandon) Related: [-]
5		5 cmp Complaint Thu 07/11 9:41 AM FILING ERROR - PDF ERROR COMPLAINT against West 63 Empire Associates, LLC. Document filed by Helen Swartz..(Rotbart, Brandon) Modified on 7/11/2024 (gp) Related: [-]
		misc Notice to Attorney to File Initial Pleading Thu 07/11 8:35 AM ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Brandon A Rotbart to electronically file the initial pleading in this case. Use the event Complaint and title the PDF Complaint. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 7/16/2024. (gp) Related: [-]
		misc Notice to Attorney Regarding Deficient Civil Cover Sheet Thu 07/11 1:47 PM ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Brandon A Rotbart to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): The Courthouse Assignment section on the PDF is Blank. Place an X in one Courthouse Assignment box and refile.(gp) Related: [-]
		notice Case Opening Initial Assignment Notice Thu 07/11 1:49 PM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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) Related: [-]
		utility Case Designation Thu 07/11 1:49 PM Magistrate Judge Valerie Figueredo 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) Related: [-]
		utility Case Designated ECF Thu 07/11 1:49 PM Case Designated ECF. (gp) Related: [-]
Wednesday, July 10, 2024
4		4 cmp Amended Complaint Wed 07/10 4:26 PM AMENDED COMPLAINT amending1 Complaint, against West 63 Empire Associates, LLC.Document filed by Helen Swartz. Related document:1 Complaint,..(Rotbart, Brandon) Related: [-]
Monday, July 08, 2024
		misc Notice to Attorney Regarding Party Modification Mon 07/08 10:55 AM ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brandon A Rotbart. The party information for the following party/parties has been modified: Helen Swartz, West 63 Empire Associates, LLC. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) Related: [-]
		misc Notice to Attorney Regarding Deficient Pleading Mon 07/08 10:55 AM ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Brandon A Rotbart to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 7/15/2024. (pc) Related: [-]
		misc Notice to Attorney Regarding Deficient Request for Issuance of Summons Mon 07/08 10:55 AM ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Brandon A Rotbart to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading.. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) Related: [-]
Friday, July 05, 2024
3		3 service Request for Issuance of Summons Fri 07/05 2:24 PM REQUEST FOR ISSUANCE OF SUMMONS as to West 63 Empire Associates, LLC, re:1 Complaint. Document filed by Helen Swartz..(Rotbart, Brandon) Related: [-]
2		2 misc Civil Cover Sheet Fri 07/05 2:23 PM CIVIL COVER SHEET filed..(Rotbart, Brandon) Related: [-]
1		1 17 pgs cmp Complaint Fri 07/05 1:54 PM COMPLAINT against West 63 Empire Associates, LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-29570273)Document filed by Helen Swartz..(Rotbart, Brandon) Related: [-]

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