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Einbinder & Dunn
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ADR | Filed: May 17, 2024 | Entered: May 17, 2024 Hogan v. Dunkin' Donuts Franchising LLC et al
Civil Rights: Americans with Disabilities - Other | New York Eastern
Mediation Instructions
MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties.
Counsel are to select a mediator, contact the mediator to schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session using the Selection of the Mediator Form on the ADR Forms website under Mediator Forms/For Counsel and Parties: https://www.nyed.uscourts.gov/adr-forms or via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators, their qualifications and contact information, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1).
The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties.
Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. The Mediation Report must be submitted within two weeks following mediation session. (JR) -
Order | Filed: May 17, 2024 | Entered: May 17, 2024 Hogan v. Dunkin' Donuts Franchising LLC et al
Civil Rights: Americans with Disabilities - Other | New York Eastern
Order Referring Case to Mediation
ORDER REFERRING CASE to Mediation. Mediation shall be completed by 7/15/2024.Selection of Mediator due by 5/30/2024.Ordered by Magistrate Judge Taryn A. Merkl on 5/17/2024. (ES)
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Order | Filed: May 17, 2024 | Entered: May 17, 2024 Hogan v. Dunkin' Donuts Franchising LLC et al
Civil Rights: Americans with Disabilities - Other | New York Eastern
Order on Motion to Request Mediation
ORDER: The Court is in receipt of the status report 24 , requesting a referral to mediation and noting that Defendant Horace Plaza LLC "has not appeared in this action to date and is in default." The request for a referral to mediation is granted, on consent. The parties shall file their mediator selection on ECF by 5/30/2024. Mediation shall be completed by 7/15/2024. The parties are directed to file a joint status letter by 7/24/2024, or within one week of the completion of mediation, whichever is sooner, providing an update as to the status of mediation and case status. Regarding Defendant Horace Plaza LLC, Plaintiff is respectfully directed to consider carefully the applicability of Frow v. De La Vega, 82 U.S. 552, 554 (1872) in this case, and the appropriate timing of any anticipated motions for default. See, e.g., Lemache v. Tunnel Taxi Mgmt., LLC, 354 F. Supp. 3d 149, 152-56 (E.D.N.Y. 2019) ([I]n a multi-defendant case where defendants are alleged to be jointly liable, entering a default judgment runs the risk of inconsistent judgments.... The proper course in such a situation is to postpone decision on the default judgment until the case against the litigating party concludes; if the litigating party loses, the default judgment can then be entered against the non-appearing party, and if the litigating party wins, the default judgment motion should be denied.). Ordered by Magistrate Judge Taryn A. Merkl on 5/17/2024. (ES)
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