Saunders v. Klub Canivibe LLC

New York Southern District Court
Judge:Jennifer H Rearden
Referred: Robyn F Tarnofsky
Case #: 1:24-cv-05768
Nature of Suit446 Civil Rights - Amer w/Disabilities - Other
Cause42:12101 The Americans with Disabilities Act of 1990
Case Filed:Jul 30, 2024
Last checked: Sunday Jan 26, 2025 3:51 AM EST
Defendant
Klub Canivibe LLC
Plaintiff
Michael Saunders
Represented By
Jon L. Norinsberg
Norinsberg Law
contact info
Arjeta Albani
Joseph And Norinsberg
contact info


Docket last updated: 76 minutes ago
Friday, April 25, 2025
24 24 misc Letter Fri 04/25 2:20 PM
LETTER addressed to Magistrate Judge Robyn F. Tarnofsky from Arjeta Albani, Esq. dated April 25, 2025 re: Clarification of ECF Doc. 22. Document filed by Michael Saunders..(Albani, Arjeta)
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Monday, April 21, 2025
23 23 1 pgs order Order ~Util - Set Deadlines Mon 04/21 3:24 PM
ORDER Accordingly, Plaintiff is directed to seek default judgment against Defendant by May 12, 2025. Plaintiff shall follow the procedure for seeking a default judgment outlined in Rule 5.H and Attachment A of Judge Jennifer H. Rearden's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov /hon-jennifer-h-rearden. SO ORDERED. (Motions due by 5/12/2025.) (Signed by Magistrate Judge Robyn F. Tarnofsky on 4/21/2025) (jca)
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Friday, March 21, 2025
22 22 service Certificate of Service Other Fri 03/21 11:47 AM
CERTIFICATE OF SERVICE of Complaint, Clerk's Certificate of Default & Order served on Klub Canivibe LLC on March 20, 2025. Service was made by Mail. Document filed by Michael Saunders..(Albani, Arjeta)
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Att: 1 Exhibit Proof of Service
21 21 1 pgs order Order ~Util - Set Deadlines Fri 03/21 11:24 AM
ORDER On February 25, 2025, I ordered Plaintiff Michael Saunders to begin the process for seeking a default judgment against Defendant Klub Canivibe LLC for Defendant's failure to defend this action. (See ECF 12.) On March 14, 2025, Plaintiff obtained a Clerk's Certificate of Default as to Defendant. (See ECF 15.) By March 25, 2025, Plaintiff shall serve the Complaint, Clerk's Certificate of Default, and a copy of this order on Defendant. Such service shall be made by registered mail to Defendant's principal place of business, identified in the Complaint as 145-70 224th Street, Queens, New York 11413, and by any email addresses used by Defendant and known to Plaintiff. Plaintiff is directed to file proof of such service on the docket by March 25, 2025. Defendant shall have until April 6, 2025 to move to vacate the Clerk's Certificate of Default. SO ORDERED. (Motions due by 4/6/2025., Service due by 3/25/2025.) (Signed by Magistrate Judge Robyn F. Tarnofsky on 3/21/2025) (jca)
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Wednesday, March 19, 2025
20 20 service Certificate of Service Other Wed 03/19 2:17 PM
CERTIFICATE OF SERVICE of Motion for Default Judgment served on KLUB CANIVIBE, LLC on March 19, 2025. Service was made by Mail. Document filed by Michael Saunders..(Albani, Arjeta)
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Att: 1 Exhibit Proof of Service
misc Notice to Court Regarding Proposed Order Wed 03/19 11:42 AM
***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. 19 Proposed Default Judgment was reviewed and approved as to form. (nd)
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Tuesday, March 18, 2025
19 19 misc Proposed Default Judgment Tue 03/18 4:34 PM
PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Michael Saunders..(Norinsberg, Jon)
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18 18 12 pgs respm Memorandum of Law in Support of Motion Tue 03/18 4:32 PM
MEMORANDUM OF LAW in Support re:16 MOTION for Default Judgment as to Klub Canivibe LLC . . Document filed by Michael Saunders..(Norinsberg, Jon)
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17 17 respoth Declaration in Support (non-motion) Tue 03/18 4:31 PM
DECLARATION of Arjeta Albani, Esq. in Support re:16 MOTION for Default Judgment as to Klub Canivibe LLC .. Document filed by Michael Saunders..(Norinsberg, Jon)
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16 16 motion Default Judgment Tue 03/18 4:26 PM
MOTION for Default Judgment as to Klub Canivibe LLC . Document filed by Michael Saunders..(Norinsberg, Jon)
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Friday, March 14, 2025
15 15 misc Clerk's Certificate of Default Fri 03/14 4:35 PM
CLERK'S CERTIFICATE OF DEFAULT as to defendant Klub Canivibe LLC. (tp)
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14 14 respoth Declaration in Support (non-motion) Fri 03/14 4:15 PM
DECLARATION of Arjeta Albani, Esq. in Support re:13 Proposed Clerk's Certificate of Default. Document filed by Michael Saunders..(Norinsberg, Jon)
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13 13 misc Proposed Clerk's Certificate of Default Fri 03/14 4:13 PM
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Michael Saunders..(Norinsberg, Jon) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)
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Tuesday, February 25, 2025
12 12 2 pgs order Order Tue 02/25 10:51 AM
ORDER Accordingly, Plaintiff is directed to begin the process for seeking a default judgment against Defendant for failing to defend this action by March 18, 2025. Plaintiff shall follow the procedure for seeking a default judgment outlined in Rule 5.H and Attachment A of Judge Rearden's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jennifer-h-rearden. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 2/25/2025) (jca)
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Friday, January 24, 2025
11 11 notice Notice (Other) Fri 01/24 4:45 PM
NOTICE of Service of OSC re:10 Order to Show Cause,,,,, Set Deadlines,,,,. Document filed by Michael Saunders..(Norinsberg, Jon)
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Att: 1 Exhibit Ex. A - Proof of Service,
Att: 2 Exhibit Ex. B Email Attempt
Tuesday, January 14, 2025
10 10 2 pgs order Order to Show Cause ~Util - Set Deadlines Tue 01/14 1:43 PM
ORDER Defendant is hereby Ordered To Show Cause why an order should not be issued pursuant to Fed. R. Civ. P. 55 instructing Plaintiff to seek default judgment against Defendant for failure to defend this action. This Order To Show Cause may be satisfied by filing a written response to the complaint by February 14, 2025 along with a declaration explaining why Defendant did not timely respond to the complaint. Plaintiff is directed to serve by January 15, 2025, a copy of this Order To Show Cause to Defendant. Service shall be made by registered mail at their principal place of business, identified in the complaint as 145-70 224th St. Queens, New York 11413 (ECF 1) and by any email addresses used by Defendant and known to Plaintiff. Plaintiff is directed to file confirmation of such mailings on the docket by January 15, 2025. Defendant is warned that failure to respond to this Order To Show Cause may result in an order instructing Plaintiff to seek a default judgment against Defendant for failure to defend this action. SO ORDERED. Klub Canivibe LLC answer due 2/14/2025. (Signed by Magistrate Judge Robyn F. Tarnofsky on 1/14/2025) (jca)
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9 9 service Affidavit of Service Complaints Tue 01/14 12:17 PM
AFFIDAVIT OF SERVICE of Summons and Complaint,. Michael Saunders served on 9/3/2024, answer due 9/24/2024. Service was accepted by Sue Zouky as Business Document Specialist 2. Document filed by Michael Saunders..(Albani, Arjeta)
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8 8 service Summons Returned Executed Tue 01/14 9:50 AM
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Klub Canivibe LLC served on 9/3/2024, answer due 9/24/2024. Service was accepted by Sue Zouky, Business Document Specialist 2. Document filed by Michael Saunders..(Norinsberg, Jon)
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Tuesday, December 24, 2024
7 7 notice Notice of Appearance Tue 12/24 12:09 PM
NOTICE OF APPEARANCE by Arjeta Albani on behalf of Michael Saunders..(Albani, Arjeta)
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Friday, August 02, 2024
6 6 1 pgs order Order Referring Case to Magistrate Judge Fri 08/02 4:26 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 Robyn F. Tarnofsky. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 8/2/2024) (vfr)
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5 5 2 pgs order Order Fri 08/02 4:24 PM
ORDER: Plaintiff allege 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 designated Magistrate Judge for General Pretrial Purposes, including settlement. In addition, in an effort to achieve a faster disposition of this matter, to conserve resources, and to promote judicial efficiency, it is hereby ORDERED that the parties shall discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the designated Magistrate Judge. If the parties consent to proceed before the Magistrate Judge, counsel for the Defendant must, within two weeks of the date on which Defendant enters an appearance, file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, AS FURTHER SET FORTH IN THIS ORDER. (Signed by Judge Jennifer H. Rearden on 8/2/2024) (vfr)
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Wednesday, July 31, 2024
4 4 service Summons Issued Wed 07/31 1:21 PM
ELECTRONIC SUMMONS ISSUED as to Klub Canivibe LLC..(gp)
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notice Case Opening Initial Assignment Notice Wed 07/31 1:15 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 Wed 07/31 1:15 PM
Magistrate Judge Robyn F. Tarnofsky 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 Wed 07/31 2:18 PM
Case Designated ECF. (gp)
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Tuesday, July 30, 2024
3 3 service Request for Issuance of Summons Tue 07/30 4:21 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Klub Canivibe LLC, re:1 Complaint,. Document filed by Michael Saunders..(Norinsberg, Jon)
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2 2 misc Civil Cover Sheet Tue 07/30 4:21 PM
CIVIL COVER SHEET filed..(Norinsberg, Jon)
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1 1 cmp Complaint Tue 07/30 4:20 PM
COMPLAINT against Klub Canivibe LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-29678771)Document filed by Michael Saunders..(Norinsberg, Jon)
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Att: 1 Exhibit 1 - Notice to Attorney General,
Att: 2 Exhibit A - Michael Saunders Medical Letter,
Att: 3 Exhibit B - Sort Site Summary,
Att: 4 Exhibit C - Sort Site Report,
Att: 5 Exhibit D - WAVE Report