Senior v. Oglethorpe University, Inc.
| New York Southern District Court | |
| Judge: | Margaret M Garnett |
| Case #: | 1:25-cv-01303 |
| Nature of Suit | 446 Civil Rights - Amer w/Disabilities - Other |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Feb 13, 2025 |
| Last checked: Thursday Feb 13, 2025 8:02 AM EST |
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Defendant
Oglethorpe University, Inc.
4484 Peachtree Road NE
Atlanta, GA 30319 |
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Plaintiff
Milagros Senior
New York, NY 10003
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Represented By
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| Docket last updated: 3 hours ago |
| Tuesday, February 18, 2025 | ||
| 6 | 6
2
pgs
order
Order
Tue 02/18 3:13 PM
ORDER It is hereby ORDERED that, within thirty (30) days of service of the summons and complaint upon Defendant, the parties must meet and confer for at least one hour in a good-faith attempt to settle this action. In their discussions, the parties should consider whether Plaintiff has satisfied the threshold requirement of standing. See e.g., Calcano v. Swarovski N. Am. Ltd., 36 F.4th 68, 7778 (2d Cir. 2022); Harty v. W. Point Realty, Inc., 28 F.4th 435, 44344 (2d Cir. 2022). The parties should also consider whether the website at issue in the action is a "standalone website," (i.e., a website for a business without a physical location), which some courts in this District have held is not a "place of public accommodation" under the meaning of the Title III of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. See, e.g., Mejia v. High Brew Coffee Inc., No. 22-CV-03667 (LTS), 2024 WL 4350912 (S.D.N.Y. Sept. 30, 2024); Sookul v. Fresh Clean Threads, Inc., No. 23-CV-10164 (GHW), 2024 WL 4499206 (S.D.N.Y. Oct. 16, 2024).To the extent the parties are unable to settle the case themselves, they must also discuss whether further settlement discussions through the districts court-annexed mediation program or before a magistrate judge would be productive at this time.It is FURTHER ORDERED that within fifteen (15) additional days (i.e., within forty-five (45)days of service of the summons and complaint), the parties must submit a joint letter informing the Court whether the parties have settled. If the parties do not reach a settlement, the parties shall in the joint letter request that the Court either (1) refer the case to mediation or to a Magistrate Judge for a settlement conference (and indicate a preference between the two options), or (2) proceed with an initial status conference. The letter shall also indicate whether Defendant intends to answer or move to dismiss the complaint. If Defendant intends to move to dismiss, the letter shall briefly (in no more than one paragraph) set forth Defendants basis for its anticipated motion.The deadline for Defendant to answer or otherwise respond to the complaint is STAYED pending the submission of the joint letter. After the parties file the letter, the Court will enter an order setting a deadline for Defendant to answer or setting a briefing schedule for the motion to dismiss.Counsel who have entered a notice of appearance as of the issuance of this Order are directed (1) to 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 & Practices ("Individual Rules"), available at https://nysd.uscourts.gov/hon-margaret-m-garnett, forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Individual Rules to that party personally. SO ORDERED. (Signed by Judge Margaret M. Garnett on 2/18/2025) (ar) |
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| Friday, February 14, 2025 | ||
| 5 | 5
service
Summons Issued
Fri 02/14 2:37 PM
ELECTRONIC SUMMONS ISSUED as to Oglethorpe University, Inc...(pc) |
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notice
Case Opening Initial Assignment Notice
Fri 02/14 10:44 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. 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 02/14 10:45 AM
Magistrate Judge Sarah Netburn 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 02/14 10:45 AM
Case Designated ECF. (pc) |
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| Thursday, February 13, 2025 | ||
| 4 | 4
notice
Notice of Appearance
Thu 02/13 11:46 AM
NOTICE OF APPEARANCE by Jeffrey Michael Gottlieb on behalf of Milagros Senior..(Gottlieb, Jeffrey) |
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| 3 | 3
misc
Civil Cover Sheet
Thu 02/13 3:09 AM
CIVIL COVER SHEET filed..(Gottlieb, Dana) |
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| 2 | 2
service
Request for Issuance of Summons
Thu 02/13 3:08 AM
REQUEST FOR ISSUANCE OF SUMMONS as to Oglethorpe University, Inc., re:1 Complaint. Document filed by Milagros Senior..(Gottlieb, Dana) |
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| 1 | 1
32
pgs
cmp
Complaint
Thu 02/13 3:07 AM
COMPLAINT against Oglethorpe University, Inc.. (Filing Fee $ 405.00, Receipt Number ANYSDC-30611966)Document filed by Milagros Senior..(Gottlieb, Dana) |
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