Donet v. Seeking Health, LLC

New York Southern District Court
Judge:Jennifer H Rearden
Referred: Barbara C Moses
Case #: 1:23-cv-00166
Nature of Suit446 Civil Rights - Amer w/Disabilities - Other
Cause42:12101 The Americans with Disabilities Act of 1990
Case Filed:Jan 08, 2023
Terminated:Mar 17, 2023
Last checked: Friday Jul 07, 2023 4:36 AM EDT
Defendant
Seeking Health, LLC
Represented By
Richard Allison Braden, III
Goldberg Segalla Llp (nj)
contact info
Plaintiff
Maricela Donet
Represented By
William Downes
Mizrahi Kroub LLP
contact info


Docket last updated: 2 hours ago
Friday, March 17, 2023
17 17 1 pgs order Order of Dismissal Fri 03/17 1:14 PM
ORDER OF DISMISSAL: The Court, having been advised at ECF No. 16 that the parties have reached a settlement, hereby ORDERS that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within sixty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. 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 by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 6.A 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 pending motions are moot. All conferences are cancelled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/17/2023) (tg)
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Wednesday, March 15, 2023
16 16 notice Notice of Settlement Wed 03/15 3:55 PM
NOTICE of Settlement . Document filed by Maricela Donet..(Downes, William)
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Friday, March 10, 2023
15 15 2 pgs order Order ~Util - Set Hearings Fri 03/10 3:44 PM
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: It is hereby ORDERED that an initial conference in accordance with Fed. R. Civ. P. 16 will be held on May 2, 2023, at 10:00 a.m., in Courtroom 20A, 500 Pearl Street, New York, New York. ( Initial Conference set for 5/2/2023 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 3/10/2023) (ate)
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Thursday, March 09, 2023
14 14 answer Answer to Complaint Thu 03/09 3:44 PM
ANSWER to1 Complaint with JURY DEMAND. Document filed by Seeking Health, LLC..(Braden, Richard)
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Att: 1 Affidavit Affirmation of Service
13 13 misc Rule 7.1 Corporate Disclosure Statement Thu 03/09 3:43 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Seeking Health, LLC..(Braden, Richard)
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Monday, January 30, 2023
12 12 1 pgs order Order on Motion for Extension of Time to Answer Mon 01/30 6:27 PM
ORDER granting10 Letter Motion for Extension of Time to Answer re10 LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Magistrate Judge Barbara C. Moses from Richard A. Braden dated 1/30/2023.,1 Complaint. Application GRANTED. SO ORDERED. Seeking Health, LLC answer due 3/9/2023. (Signed by Magistrate Judge Barbara C. Moses on 1/30/2023) (rro)
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11 11 service Summons Returned Executed Mon 01/30 3:41 PM
SUMMONS RETURNED EXECUTED Summons and Complaint served. Seeking Health, LLC served on 1/13/2023, answer due 2/3/2023. Service was accepted by Karl A. Weiss, Esq, Agent for Service. Document filed by Maricela Donet..(Downes, William)
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10 10 motion Extension of Time to File Answer Mon 01/30 3:13 PM
LETTER MOTION for Extension of Time to File Answer re:1 Complaint addressed to Magistrate Judge Barbara C. Moses from Richard A. Braden dated 1/30/2023. Document filed by Seeking Health, LLC..(Braden, Richard)
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9 9 notice Notice of Appearance Mon 01/30 12:29 PM
NOTICE OF APPEARANCE by Richard Allison Braden, III on behalf of Seeking Health, LLC..(Braden, Richard)
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Tuesday, January 17, 2023
8 8 service Certificate of Service Other Tue 01/17 1:45 PM
CERTIFICATE OF SERVICE of the Court's January 12, 2023 Order Regarding General Pretrial Management entered as Docket No. 7 served on Seeking Health, LLC on January 17, 2023. Service was made by Mail. Document filed by Maricela Donet..(Downes, William)
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Thursday, January 12, 2023
7 7 3 pgs order Order Thu 01/12 5:34 PM
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses forgeneral pretrial management, including scheduling, discovery, non-dispositive pretrial motions,and settlement, pursuant to 28 U.S.C. § 636(b)(1)(A). All pretrial motions and applications,including those related to scheduling and discovery (but excluding motions to dismiss or forjudgment on the pleadings, for injunctive relief, for summary judgment, or for class certificationunder Fed. R. Civ. P. 23) must be made to Judge Moses and in compliance with this Court'sIndividual Practices in Civil Cases, available on the Court's website athttps://nysd.uscourts.gov/hon-barbara-moses. Parties and counsel are cautioned: Once a discovery schedule has been issued, all discovery must be initiated in timeto be concluded by the close of discovery set by the Court and further set forth in this Order. (Signed by Magistrate Judge Barbara C. Moses on 1/12/2023) (rro)
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6 6 1 pgs order Order Referring Case to Magistrate Judge Thu 01/12 1:58 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 Barbara C. Moses. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 1/12/2023) (jca)
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5 5 2 pgs order Order Thu 01/12 1:56 PM
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 today, the Court is referring this case to the assigned Magistrate Judge for General Pretrial Purposes, including settlement. In addition, to conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties so consent, counsel shall file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://www.nysd.uscourts.gov/forms/consent-proceed-us-magistrate-judge. If the parties do so, and the Court so orders the form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before the undersigned. There will be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 1/12/2023) (jca)
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Monday, January 09, 2023
4 4 service Summons Issued Mon 01/09 2:04 PM
ELECTRONIC SUMMONS ISSUED as to Seeking Health, LLC..(gp)
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notice Case Opening Initial Assignment Notice Mon 01/09 1:58 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)
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utility Case Designation Mon 01/09 2:00 PM
Magistrate Judge Barbara C. Moses is so designated. 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 Mon 01/09 2:01 PM
Case Designated ECF. (gp)
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Sunday, January 08, 2023
3 3 service Request for Issuance of Summons Sun 01/08 2:22 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Seeking Health, LLC, re:1 Complaint. Document filed by Maricela Donet..(Downes, William)
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2 2 misc Civil Cover Sheet Sun 01/08 2:22 PM
CIVIL COVER SHEET filed..(Downes, William)
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1 1 cmp Complaint Sun 01/08 2:21 PM
COMPLAINT against Seeking Health, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27173947)Document filed by Maricela Donet..(Downes, William)
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