Loadholt v. ShirtSpace
| New York Southern District Court | |
| Judge: | Andrew L Carter, Jr |
| Referred: | Katharine H Parker |
| Case #: | 1:22-cv-02870 |
| Nature of Suit | 446 Civil Rights - Amer w/Disabilities - Other |
| Cause | 42:12101 The Americans with Disabilities Act of 1990 |
| Case Filed: | Apr 07, 2022 |
| Terminated: | Aug 11, 2023 |
- Docket
- Parties (2)
| Last checked: Wednesday Oct 05, 2022 5:00 AM EDT |
Defendant ShirtSpace | Represented By Martin Simon Krezalek David Stein |
Plaintiff Christopher Loadholt | Represented By Yitzchak Zelman |
Docket last updated: 2 hours ago
| Friday, August 11, 2023 | ||
| 26 | 26 orderOrder of Dismissal Fri 08/11 4:03 PM ORDER : It having been reported to the Court that this case has been or will be settled, it is hereby ORDERED that the above-captioned action is discontinued without costs and without prejudice to restoring the action to this Courts calendar if the application to restore the action is made within sixty days. The Clerk of Court is respectfully requested to terminate all pending motions and close the case. (Signed by Judge Andrew L. Carter, Jr on 8/11/2023) (tro) Related: [-] | |
| Tuesday, August 08, 2023 | ||
| minutesSettlement Conference Tue 08/08 3:25 PM Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 8/8/2023 - Microsoft Teams (ca) Related: [-] | ||
| Tuesday, April 25, 2023 | ||
| 25 | 25 orderScheduling Order Tue 04/25 12:19 PM SCHEDULING ORDER: The parties shall have until Monday, May 29, 2023 to amend the pleadings and join parties. No further amendments or joinder of parties thereafter absent good cause. The deadline to complete all discovery is Tuesday, October 24, 2023. Fact and expert discovery should run concurrently. By Wednesday, May 24, 2023, Plaintiff shall produce his preliminary findings as to the alleged accessibility deficiencies of Defendant's website. Initial interrogatories and initial requests for production are due by Friday, June 30, 2023. Requests for admission are due by Tuesday, August 8, 2023. The deadline for depositions is Tuesday, October 3, 2023 and depositions shall be limited to three depositions per party. The parties shall follow the Court's Individual Procedures with respect to any discovery disputes. See https://nysd.uscourts.gov/hon-katharine-h-parker. Counsel shall comply with Rule 1 and Rule 26(b)(1) in the conduct of discovery. Counsel shall be fully familiar with their obligations under Rules 34 and 26(g) and consider and discuss ways to ensure compliance and minimize disputes regarding overbreadth and specificity of requests and responses. A failure to comply with this responsibility carries serious consequences. Requests for any and all documents on a broad topic are presumptively improper. Likewise, courts have held that an objection that does not appropriately explain its grounds is forfeited. See, e.g., Fischer v. Forrest, 2017 WL 773694 (S.D.N.Y. Feb. 28, 2017) ("[A]ny discovery response that does not comply with Rule 34's requirement to state objections with specificity (and to clearly indicate whether responsive material is being withheld on the basis of objection) will be deemed a waiver of all objections (except as to privilege)."). The parties shall file a joint status letter on Wednesday, May 24, 2023 updating the Court on the status of discovery and whether the parties have made progress in their settlement discussions. A settlement conference is scheduled on Tuesday, August 8, 2023 at 2:00 p.m. The conference will be held remotely via Microsoft Teams. Chambers will send counsel for the parties a Teams link prior to the scheduled conference date. Parties must attend in the conference with their counsel. Corporate parties must send the person with decision-making authority to settle the matter to the conference. The parties shall complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with my Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than Thursday, August 3, 2023 at 5:00 p.m. SO ORDERED. Amended Pleadings due by 5/29/2023. Joinder of Parties due by 5/29/2023. Deposition due by 10/3/2023. Discovery due by 10/24/2023. Settlement Conference set for 8/8/2023 at 02:00 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 4/25/2023) (vfr) Related: [-] | |
| Monday, April 24, 2023 | ||
| 24 | 24 minutesPretrial Conference - Initial Case Management Conference Discovery Hearing Scheduling Conference Status Conference Mon 04/24 10:47 AM Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker - Courtroom 17D: Initial Pretrial Conference / Case Management / Discovery / Scheduling / Status - held on 4/24/2023 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (ca) Related: [-] | |
| Thursday, April 20, 2023 | ||
| noticeNotice (Other) Thu 04/20 12:12 PM NOTICE TO COUNSEL: REMINDER of the Initial Conference set for 4/24/2023 at 10:10 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Judge Katharine H. Parker re:22 Order (ca) Related: [-] | ||
| Wednesday, April 19, 2023 | ||
| 23 | 23 miscProposed Case Management Plan Wed 04/19 1:46 PM PROPOSED CASE MANAGEMENT PLAN. Document filed by Christopher Loadholt..(Zelman, Yitzchak) Related: [-] | |
| Wednesday, March 08, 2023 | ||
| 22 | 22 2pgsorderOrder for Initial Pretrial Conference Wed 03/08 2:21 PM INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 4/24/2023 at 10:10 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/8/2023) (vfr) Related: [-] | |
| 21 | 21 1pgsorderOrder Referring Case to Magistrate Judge Wed 03/08 11:55 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 Katharine H. Parker. (Signed by Judge Andrew L. Carter, Jr on 3/8/2023) (tg) Related: [-] | |
| Monday, March 06, 2023 | ||
| 20 | 20 10pgsorderMemorandum & Opinion Mon 03/06 11:08 AM OPINION AND ORDER re:17 MOTION to Dismiss the First Amended Complaint filed by ShirtSpace. For the reasons discussed, Defendant's motion to dismiss is DENIED. The Clerk of Court is respectfully requested to terminate the pending motion at ECF No. 17. The Court will refer this case shortly to the assigned magistrate judge for general pretrial management. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/6/2023) (va) Related: [-] | |
| Monday, September 19, 2022 | ||
| 19 | 19 25pgsrespmMemorandum of Law in Opposition to Motion Mon 09/19 9:59 PM MEMORANDUM OF LAW in Opposition re:17 MOTION to Dismiss the First Amended Complaint . . Document filed by Christopher Loadholt..(Zelman, Yitzchak) Related: [-] | |
| Att: 1 2 pgs Affidavit Declaration of Yitzchak Zelman, Esq., | ||
| Att: 2 27 pgs Exhibit A - Opinion Denying Motion to Dismiss Entered In Pagueda v. Athena Allergy, Inc. (S.D.N.Y. February 22, 2022) | ||
| Tuesday, August 23, 2022 | ||
| 18 | 18 26pgsrespmMemorandum of Law in Support of Motion Tue 08/23 1:52 AM MEMORANDUM OF LAW in Support re:17 MOTION to Dismiss the First Amended Complaint . . Document filed by ShirtSpace..(Stein, David) Related: [-] | |
| Monday, August 22, 2022 | ||
| 17 | 17 2pgsmotionDismiss Mon 08/22 11:54 PM MOTION to Dismiss the First Amended Complaint . Document filed by ShirtSpace..(Stein, David) Related: [-] | |
| Monday, July 25, 2022 | ||
| 16 | 16 2pgsorderOrder on Motion for Conference Mon 07/25 12:09 PM ORDER granting14 Letter Motion for Conference re:14 LETTER MOTION for Conference (Pre-motion conference for making a motion to dismiss) addressed to Judge Andrew L. Carter, Jr. from David Stein, Esq. dated July 20, 2022. Defendant is granted leave to file a motion to dismiss. Plaintiff's request for leave to amend the complaint is denied. Defendant's motion to dismiss shall be due by August 22, 2022. Plaintiff's opposition shall be due by September 19, 2022. Defendant's reply, if any, shall be filed by October 3, 2022. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/25/2022) (vfr) Related: [-] | |
| utilitySet/Reset Deadlines Mon 07/25 12:12 PM Set/Reset Deadlines: Motions due by 8/22/2022. Responses due by 9/19/2022 Replies due by 10/3/2022. (vfr) Related: [-] | ||
| Thursday, July 21, 2022 | ||
| 15 | 15 respmResponse to Motion Thu 07/21 5:28 PM LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Yitzchak Zelman, Esq. dated July 21, 2022 re:14 LETTER MOTION for Conference (Pre-motion conference for making a motion to dismiss) addressed to Judge Andrew L. Carter, Jr. from David Stein, Esq. dated July 20, 2022. . Document filed by Christopher Loadholt..(Zelman, Yitzchak) Related: [-] | |
| Wednesday, July 20, 2022 | ||
| 14 | 14 motionConference Wed 07/20 8:36 PM LETTER MOTION for Conference (Pre-motion conference for making a motion to dismiss) addressed to Judge Andrew L. Carter, Jr. from David Stein, Esq. dated July 20, 2022. Document filed by ShirtSpace..(Stein, David) Related: [-] | |
| Wednesday, July 06, 2022 | ||
| 13 | 13 cmpAmended Complaint Wed 07/06 7:25 PM AMENDED COMPLAINT amending1 Complaint against ShirtSpace with JURY DEMAND.Document filed by Christopher Loadholt. Related document:1 Complaint..(Zelman, Yitzchak) Related: [-] | |
| Wednesday, June 15, 2022 | ||
| 12 | 12 1pgsorderOrder on Motion for Conference Wed 06/15 12:57 PM ORDER denying without prejudice10 Letter Motion for Conference re:10 LETTER MOTION for Conference (Pre-motion conference for motion to dismiss) addressed to Judge Andrew L. Carter, Jr. from David Stein, Esq. dated June 9, 2022. Plaintiff shall file an amended complaint within 21 days. Defendant's letter motion is denied without prejudice with leave to refile after Plaintiff's amended complaint is filed. The Clerk of Court is respectfully directed to terminate the letter motion at ECF No. 10. (Signed by Judge Andrew L. Carter, Jr on 6/15/2022) (ate) Related: [-] | |
| Tuesday, June 14, 2022 | ||
| 11 | 11 respmResponse to Motion Tue 06/14 11:44 AM LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Yitzchak Zelman, Esq. dated June 14, 2022 re:10 LETTER MOTION for Conference (Pre-motion conference for motion to dismiss) addressed to Judge Andrew L. Carter, Jr. from David Stein, Esq. dated June 9, 2022. . Document filed by Christopher Loadholt..(Zelman, Yitzchak) Related: [-] | |
| Friday, June 10, 2022 | ||
| 10 | 10 motionConference Fri 06/10 12:12 AM LETTER MOTION for Conference (Pre-motion conference for motion to dismiss) addressed to Judge Andrew L. Carter, Jr. from David Stein, Esq. dated June 9, 2022. Document filed by ShirtSpace..(Stein, David) Related: [-] | |
| Thursday, June 09, 2022 | ||
| 9 | 9 miscRule 7.1 Corporate Disclosure Statement Thu 06/09 11:02 AM RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ShirtSpace..(Stein, David) Related: [-] | |
| 8 | 8 noticeNotice of Appearance Thu 06/09 11:01 AM NOTICE OF APPEARANCE by David Stein on behalf of ShirtSpace..(Stein, David) Related: [-] | |
| Tuesday, May 10, 2022 | ||
| 7 | 7 1pgsorderOrder on Motion for Extension of Time to Answer Wed 05/11 10:43 AM ORDER granting6 Letter Motion for Extension of Time to Answer re6 CONSENT LETTER MOTION for Extension of Time to File Answer re:5 Summons Returned Executed,1 Complaint addressed to Judge Andrew L. Carter, Jr. from Martin S. Krezalek, Esq. respectfully requesting extension of defendant's time,1 Complaint. SO ORDERED. ShirtSpace answer due 6/9/2022. (Signed by Judge Andrew L. Carter, Jr on 5/10/2022) (ate) Modified on 5/11/2022 (ate) Related: [-] | |
| Monday, May 09, 2022 | ||
| 6 | 6 motionExtension of Time to File Answer Mon 05/09 4:42 PM CONSENT LETTER MOTION for Extension of Time to File Answer re:5 Summons Returned Executed,1 Complaint addressed to Judge Andrew L. Carter, Jr. from Martin S. Krezalek, Esq. respectfully requesting extension of defendant's time to answer or move re the complaint to June 9, 2022, etc. dated May 9, 2022. Document filed by ShirtSpace..(Krezalek, Martin) Related: [-] | |
| Monday, April 25, 2022 | ||
| 5 | 5 serviceSummons Returned Executed Mon 04/25 9:42 AM SUMMONS RETURNED EXECUTED. ShirtSpace served on 4/19/2022, answer due 5/10/2022. Service was accepted by Andrea Doe, Office Assistant authorized to accept service. Document filed by Christopher Loadholt..(Zelman, Yitzchak) Related: [-] | |
| Friday, April 08, 2022 | ||
| 4 | 4 serviceSummons Issued Fri 04/08 12:35 PM ELECTRONIC SUMMONS ISSUED as to ShirtSpace. (sj) Related: [-] | |
| noticeCase Opening Initial Assignment Notice Fri 04/08 12:32 PM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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] ..(sj) Related: [-] | ||
| utilityCase Designation Fri 04/08 12:33 PM Magistrate Judge Katharine H. Parker 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] . (sj) Related: [-] | ||
| utilityCase Designated ECF Fri 04/08 12:33 PM Case Designated ECF. (sj) Related: [-] | ||
| Thursday, April 07, 2022 | ||
| 3 | 3 serviceRequest for Issuance of Summons Thu 04/07 12:51 PM REQUEST FOR ISSUANCE OF SUMMONS as to ShirtSpace, re:1 Complaint. Document filed by Christopher Loadholt..(Zelman, Yitzchak) Related: [-] | |
| 2 | 2 miscCivil Cover Sheet Thu 04/07 12:50 PM CIVIL COVER SHEET filed..(Zelman, Yitzchak) Related: [-] | |
| 1 | 1 cmpComplaint Thu 04/07 12:44 PM COMPLAINT against ShirtSpace. (Filing Fee $ 402.00, Receipt Number ANYSDC-25975907)Document filed by Christopher Loadholt..(Zelman, Yitzchak) Related: [-] | |
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