Agostini v. The Astoria Bookshop, LLC
| New York Southern District Court | |
| Judge: | Paul A Engelmayer |
| Referred: | Sarah L Cave |
| Case #: | 1:24-cv-08837 |
| Nature of Suit | 446 Civil Rights - Amer w/Disabilities - Other |
| Cause | 42:12132 Americans with Disabilities Act - Discrimination |
| Case Filed: | Nov 20, 2024 |
| Terminated: | Apr 30, 2025 |
| Last checked: Monday May 19, 2025 4:38 AM EDT |
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Defendant
The Astoria Bookshop, LLC
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Represented By
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Plaintiff
Lunique Agostini
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Represented By
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| Docket last updated: 3 hours ago |
| Wednesday, April 30, 2025 | ||
| 29 | 29
2
pgs
order
Order of Dismissal
Wed 04/30 6:09 PM
ORDER: The Court having been advised by the parties that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within 60 days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within 60 days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same 60-day period to be "so ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any proposed order approving the settlement agreement that seeks the Court's continued jurisdiction should either (1) expressly state that the Court retains jurisdiction to enforce the agreement or (2) incorporate the terms of the settlement agreement in the order. The Clerk of Court is respectfully directed to terminate any outstanding deadlines and close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/30/2025) (jca) |
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| 28 | 28
notice
Notice of Settlement
Wed 04/30 12:39 PM
NOTICE of Settlement . Document filed by Lunique Agostini..(Levy, Gabriel) |
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| Monday, April 21, 2025 | ||
| 27 | 27
order
Memo Endorsement ~Util - Set Deadlines
Mon 04/21 10:26 AM
MEMO ENDORSEMENT on re:26 Letter Revised Briefing Schedule. filed by Lunique Agostini. ENDORSEMENT : The Court is in receipt of Plaintiff's letter requesting an alteration to the briefing schedule as to Defendant's pending Motion to Dismiss. (ECF No. 26 (the "Letter")). Plaintiff's request is GRANTED, and the proposed briefing schedule set forth in the Letter is ADOPTED. SO ORDERED., ( Replies due by 5/16/2025., Responses due by 5/2/2025) (Signed by Magistrate Judge Sarah L. Cave on 4/21/25) (yv) |
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| Friday, April 18, 2025 | ||
| 26 | 26
misc
Letter
Fri 04/18 9:16 AM
LETTER addressed to Magistrate Judge Sarah L. Cave from Gabriel A. Levy dated 4/18/25 re: Revised Briefing Schedule. Document filed by Lunique Agostini..(Levy, Gabriel) |
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| Tuesday, April 08, 2025 | ||
| 25 | 25
order
Memo Endorsement
Tue 04/08 11:27 AM
MEMO ENDORSEMENT on re:24 Letter filed by Lunique Agostini ENDORSEMENT The Court is in receipt of Plaintiff's letter at ECF No. 24 and ADOPTS the briefing schedule set forth therein. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 4/8/2025) (jca) |
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utility
Set/Reset Deadlines
Tue 04/08 11:28 AM
Set/Reset Deadlines: Responses due by 4/23/2025 Replies due by 5/7/2025. (jca) |
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| Monday, April 07, 2025 | ||
| 24 | 24
misc
Letter
Mon 04/07 10:49 AM
LETTER addressed to Magistrate Judge Sarah L. Cave from Gabriel A. Levy dated 4/7/25 re: Proposed Briefing Schedule. Document filed by Lunique Agostini..(Levy, Gabriel) |
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| Friday, April 04, 2025 | ||
| 23 | 23
respm
Declaration in Support of Motion
Fri 04/04 3:17 PM
DECLARATION of Trevor Neill in Support re:21 MOTION to Dismiss First Amended Complaint .. Document filed by The Astoria Bookshop, LLC..(Ordway, Demian) |
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Att: 1
Exhibit A--Chart of Supposed ADA Issues Addressed and Fixed
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| 22 | 22
20
pgs
respm
Memorandum of Law in Support of Motion
Fri 04/04 3:12 PM
MEMORANDUM OF LAW in Support re:21 MOTION to Dismiss First Amended Complaint . . Document filed by The Astoria Bookshop, LLC..(Ordway, Demian) |
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| 21 | 21
motion
Dismiss
Fri 04/04 3:10 PM
MOTION to Dismiss First Amended Complaint . Document filed by The Astoria Bookshop, LLC..(Ordway, Demian) |
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| Monday, March 17, 2025 | ||
| 20 | 20
2
pgs
order
Order on Motion to Dismiss Order on Motion for Extension of Time to File
Mon 03/17 3:09 PM
ORDER denying as moot15 Motion to Dismiss; granting19 Letter Motion for Extension of Time to File. Now before the Court is the Bookshop's letter-motion seeking an extension of time to respond to the Amended Complaint. (ECF No. 19 (the "Letter-Motion")). The Letter-Motion is GRANTED, and the Bookshop shall answer, move against, or otherwise oppose the Amended Complaint by Friday, April 4, 2025. In light of the Bookshop's anticipated answer or motion in response to the Amended Complaint, the Court denies the MTD as moot. See Pettaway v. Nat'l Recovery Sols., LLC, 955 F.3d 299, 30304 (2d Cir. 2020) ("[W]hen a plaintiff [] amends [a] complaint after a defendant has filed a motion to dismiss that is still pending, the district court has the option of either denying the pending motion as moot or evaluating the motion in light of the facts alleged in the amended complaint."). The Clerk of Court is respectfully directed to close ECF Nos. 15 and 19. SO ORDERED.(Signed by Magistrate Judge Sarah L. Cave on 3/17/25) (yv) |
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utility
Set/Reset Deadlines
Mon 03/17 3:10 PM
Set/Reset Deadlines: The Astoria Bookshop, LLC answer due 4/4/2025. (yv) |
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| Friday, March 14, 2025 | ||
| 19 | 19
motion
Extension of Time to File Document
Fri 03/14 11:55 AM
LETTER MOTION for Extension of Time to File Response to Amended Complaint (ECF No. 18) addressed to Judge Paul A. Engelmayer from Demian A. Ordway dated March 14, 2025. Document filed by The Astoria Bookshop, LLC..(Ordway, Demian) |
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| Tuesday, March 04, 2025 | ||
| 18 | 18
cmp
Amended Complaint
Tue 03/04 11:04 AM
FIRST AMENDED COMPLAINT against The Astoria Bookshop, LLC with JURY DEMAND.Document filed by Lunique Agostini..(Levy, Gabriel) |
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| Wednesday, February 19, 2025 | ||
| 17 | 17
order
Amended Order Referring Case to Magistrate Judge
Wed 02/19 10:07 AM
AMENDED 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation): Motion to Dismiss Dkt. 15. Referred to Magistrate Judge Sarah L. Cave. Motions referred to Sarah L. Cave. (Signed by Judge Paul A. Engelmayer on 2/19/2025) (tg) |
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| Tuesday, February 18, 2025 | ||
| 16 | 16
17
pgs
respm
Memorandum of Law in Support of Motion
Tue 02/18 6:40 PM
MEMORANDUM OF LAW in Support re:15 MOTION to Dismiss . . Document filed by The Astoria Bookshop, LLC..(Ordway, Demian) |
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| 15 | 15
motion
Dismiss
Tue 02/18 6:39 PM
MOTION to Dismiss . Document filed by The Astoria Bookshop, LLC..(Ordway, Demian) |
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| Friday, February 14, 2025 | ||
| 14 | 14
notice
Notice of Appearance
Fri 02/14 1:28 PM
NOTICE OF APPEARANCE by Jonathon Richard La Chapelle on behalf of The Astoria Bookshop, LLC..(La Chapelle, Jonathon) |
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| 13 | 13
misc
Rule 7.1 Corporate Disclosure Statement
Fri 02/14 1:21 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Astoria Bookshop, LLC..(Ordway, Demian) |
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| 12 | 12
notice
Notice of Appearance
Fri 02/14 1:20 PM
NOTICE OF APPEARANCE by Demian Alexander Ordway on behalf of The Astoria Bookshop, LLC..(Ordway, Demian) |
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| Monday, January 06, 2025 | ||
| 11 | 11
2
pgs
order
Order on Motion for Extension of Time to Answer
Mon 01/06 3:53 PM
ORDER granting10 Letter Motion for Extension of Time to Answer re1 Complaint. The Court is in receipt of Defendant's Letter-Motion for an Extension of Time to file an answer or otherwise respond to the Complaint. (ECF No. 10 (the "Letter-Motion")). The Letter-Motion is GRANTED, and Defendant's deadline to answer or otherwise respond to the Complaint is EXTENDED to Monday, February 17, 2025. The Court's December 30, 2024 Order to initiate default proceedings (ECF No. 8) is VACATED. The Clerk of Court is respectfully directed to close ECF No. 10. SO ORDERED. (The Astoria Bookshop, LLC answer due 2/17/2025.) (Signed by Magistrate Judge Sarah L. Cave on 1/6/25) (yv) |
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| Friday, January 03, 2025 | ||
| 10 | 10
motion
Extension of Time to File Answer
Fri 01/03 11:19 AM
CONSENT LETTER MOTION for Extension of Time to File Answer Until February 15, 2025, addressed to Judge Paul A. Engelmayer from Richard S. Mandaro dated January 3, 2025. Document filed by The Astoria Bookshop, LLC..(Mandaro, Richard) |
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| 9 | 9
notice
Notice of Appearance
Fri 01/03 11:10 AM
NOTICE OF APPEARANCE by Richard Scott Mandaro on behalf of The Astoria Bookshop, LLC..(Mandaro, Richard) |
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| Monday, December 30, 2024 | ||
| 8 | 8
1
pgs
order
Order ~Util - Set Deadlines
Mon 12/30 3:23 PM
ORDER TO INITIATE DEFAULT PROCEEDINGS, Plaintiff is hereby ORDERED to request a Certificate of Default from the Clerk of Court by Monday, January 6, 2025 and to file a Motion for Default Judgment in accordance with the Individual Practices of the Honorable Paul A. Engelmayer, Rule 55 of the Federal Rules of Civil Procedure, and S.D.N.Y. Local Rule 55 by no later than Monday, January 20, 2025. SO ORDERED. ( Motions due by 1/20/2025.) (Signed by Magistrate Judge Sarah L. Cave on 12/30/24) (yv) Modified on 12/30/2024 (yv) |
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| Monday, December 09, 2024 | ||
| 7 | 7
service
Summons Returned Executed
Mon 12/09 1:59 PM
SUMMONS RETURNED EXECUTED Summons and Complaint served. The Astoria Bookshop, LLC served on 12/5/2024, answer due 12/26/2024. Service was accepted by Alexis Beach, owner. Document filed by Lunique Agostini..(Levy, Gabriel) |
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| Thursday, November 21, 2024 | ||
| 6 | 6
1
pgs
order
Order Referring Case to Magistrate Judge
Thu 11/21 3:01 PM
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 Sarah L. Cave. The parties are hereby notified that this Court has written on a legal issue that appears central to this case: the applicability of the ADA to websites. See Del-Orden v. Bonobas, Inc., No. 17 Civ. 2744 (PAE), 2017 WL 6547902 (S.D.N.Y. Dec. 20, 2017). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/21/2024) (tg) |
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| 5 | 5
service
Summons Issued
Thu 11/21 11:54 AM
ELECTRONIC SUMMONS ISSUED as to The Astoria Bookshop, LLC..(gp) |
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notice
Case Opening Initial Assignment Notice
Thu 11/21 11:53 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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
Thu 11/21 11:53 AM
Magistrate Judge Sarah L. Cave 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
Thu 11/21 11:54 AM
Case Designated ECF. (gp) |
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| Wednesday, November 20, 2024 | ||
| 4 | 4
respoth
Declaration in Support (non-motion)
Wed 11/20 2:20 PM
DECLARATION of Robert D. Moody in Support re:1 Complaint. Document filed by Lunique Agostini..(Levy, Gabriel) |
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| 3 | 3
service
Request for Issuance of Summons
Wed 11/20 2:16 PM
REQUEST FOR ISSUANCE OF SUMMONS as to The Astoria Bookshop, LLC, re:1 Complaint. Document filed by Lunique Agostini..(Levy, Gabriel) |
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| 2 | 2
misc
Civil Cover Sheet
Wed 11/20 2:13 PM
CIVIL COVER SHEET filed..(Levy, Gabriel) |
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| 1 | 1
30+
pgs
cmp
Complaint
Wed 11/20 2:12 PM
COMPLAINT against The Astoria Bookshop, LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-30213691)Document filed by Lunique Agostini..(Levy, Gabriel) |
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