Robles v. Budkoin LLC

New York Southern District Court
Judge:Jeannette A Vargas
Referred: Robert W Lehrburger
Case #: 1:24-cv-07508
Nature of Suit446 Civil Rights - Amer w/Disabilities - Other
Cause42:12131 Americans with Disabilities Act of 1990
Case Filed:Oct 03, 2024
Last checked: Tuesday Apr 01, 2025 4:27 AM EDT
Defendant
Budkoin LLC
Plaintiff
Primitivo Robles
Represented By
Arjeta Albani
Joseph And Norinsberg
contact info
Jon L. Norinsberg
Norinsberg Law
contact info


Docket last updated: 05/26/2025 11:59 PM EDT
Tuesday, April 15, 2025
15 15 service Certificate of Service Other Tue 04/15 10:19 AM
CERTIFICATE OF SERVICE of Default Order served on Budkoin LLC on April 14, 2025. Service was made by Mail. Document filed by Primitivo Robles..(Albani, Arjeta)
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Att: 1 Exhibit Proof of Service via USPS,
Att: 2 Exhibit Proof of Service via Electronic Mail
Friday, April 11, 2025
14 14 2 pgs order Order on Motion to Compel Fri 04/11 4:32 PM
ORDER terminating13 Letter Motion to Compel. This order resolves the matters raised in the letters at Dkts. 12 and 13. Plaintiff has obtained a Certificate of Default but not yet moved for default judgment. Delano de Randamie, the owner of Defendant Budkoin LLC, asks the Court to set aside the default so that he can appear and defend his business. (Dkt. 12.) Plaintiff asks the Court to recognize the validity of service made via the Secretary of State and to set a deadline for Defendants appearance and response to the complaint. (Dkt. 13.) Plaintiff is correct that because the Defendant is a corporate entity, it can only appear through an attorney. Accordingly, if Defendant wishes to appear and contest the complaint, it must appear by counsel no later than May 12, 2025, and any response to the complaint must be filed by May 26, 2025. Failure to comply with either date may result in entry of default judgment. The Court makes no finding at this time with respect to the propriety of service on Defendant. By April 14, 2025, Plaintiffs counsel shall send this Order to Mr. Randamie by email and first-class 'mail and shall file proof of service of same by April 15, 2025. (Plaintiff's counsel is evidently aware of how to contact Mr. Randamie as counsel represents that its office already has sent letters and emails to Mr. Randamie in regard to this matter.) The Clerk of Court is respectfully directed to terminate the letter motion at Dkt. 13. Copies transmitted this date to all counsel of record. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/11/2025) (ar)
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utility Set/Reset Deadlines Fri 04/11 4:36 PM
Set/Reset Deadlines: Responses due by 5/12/2025 Replies due by 5/26/2025. (ar)
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Thursday, April 10, 2025
13 13 motion Compel Thu 04/10 8:57 PM
FIRST LETTER MOTION to Compel Delano de Randamie to Retain Counsel to File an Answer or otherwise Respond addressed to Judge Jeannette A. Vargas from Arjeta Albani, Esq. dated April 10, 2025. Document filed by Primitivo Robles..(Norinsberg, Jon)
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Wednesday, April 09, 2025
12 12 misc Letter Thu 04/10 11:05 AM
LETTER from Delano de Randamie re: I am writing to respectfully bring to your attention serious concerns regarding the above referenced case. I am the owner of Budkoin LLC, a small business currently facing a lawsuit alleging ADA website violations brought by Primitivo Robles, who claims to be legally blind...(nd)
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Wednesday, February 12, 2025
11 11 misc Clerk's Certificate of Default Wed 02/12 3:57 PM
CLERK'S CERTIFICATE OF DEFAULT as to defendant Budkoin LLC. (tp)
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10 10 respoth Declaration in Support (non-motion) Wed 02/12 3:53 PM
DECLARATION of Arjeta Albani, Esq. in Support re:9 Proposed Clerk's Certificate of Default. Document filed by Primitivo Robles..(Norinsberg, Jon)
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9 9 misc Proposed Clerk's Certificate of Default Wed 02/12 3:49 PM
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Primitivo Robles..(Norinsberg, Jon) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)
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Monday, December 23, 2024
8 8 notice Notice of Appearance Mon 12/23 3:29 PM
NOTICE OF APPEARANCE by Arjeta Albani on behalf of Primitivo Robles..(Albani, Arjeta)
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7 7 1 pgs order Order Referring Case to Magistrate Judge Mon 12/23 11:45 AM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Jeannette A. Vargas on 12/23/2024) (sgz)
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6 6 1 pgs order Order Mon 12/23 11:44 AM
ORDER: Plaintiff alleges that Defendant's website is not accessible to blind and visually impaired customers and, thus, violates Title III of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §12181 et seq. By separate Order to be entered today, the Court is referring this case to the assigned Magistrate Judge for General Pretrial Purposes, including settlement. To be clear,the referral does not encompass any dispositive motions, which will be handled by the undersigned in the normal course. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 12/23/2024) (sgz)
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Friday, December 20, 2024
notice Notice of Case Assignment/Reassignment Fri 12/20 2:01 PM
NOTICE OF CASE REASSIGNMENT to Judge Jeannette A. Vargas. Judge Mary Kay Vyskocil is no longer assigned to the case. (vba)
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Wednesday, October 23, 2024
5 5 service Summons Returned Executed Wed 10/23 4:36 PM
SUMMONS RETURNED EXECUTED. Budkoin LLC served on 10/21/2024, answer due 11/12/2024. Service was accepted by Colleen Banahan Office Assistant 2. Document filed by Primitivo Robles..(Norinsberg, Jon)
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Friday, October 04, 2024
4 4 service Summons Issued Fri 10/04 2:18 PM
ELECTRONIC SUMMONS ISSUED as to Budkoin LLC..(pc)
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notice Case Opening Initial Assignment Notice Fri 10/04 10:03 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] ..(pc)
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utility Case Designation Fri 10/04 10:03 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] . (pc)
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utility Case Designated ECF Fri 10/04 10:05 AM
Case Designated ECF. (pc)
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Thursday, October 03, 2024
3 3 service Request for Issuance of Summons Thu 10/03 3:47 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Budkoin LLC, re:1 Complaint,. Document filed by Primitivo Robles..(Norinsberg, Jon)
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2 2 misc Civil Cover Sheet Thu 10/03 3:45 PM
CIVIL COVER SHEET filed..(Norinsberg, Jon)
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1 1 29 pgs cmp Complaint Thu 10/03 3:45 PM
COMPLAINT against Budkoin LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-29988061)Document filed by Primitivo Robles..(Norinsberg, Jon)
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Att: 1 Exhibit 1- Notice to Attorney General,
Att: 2 Exhibit A-Legally Blind diagnosis,
Att: 3 Exhibit B-Wave Site report,
Att: 4 Exhibit C- Sort Site report