Tavarez-Vargas v. Singer Sewing Machine Company
- John Cronan
- 1:21-cv-09831
- U.S. District Court · Southern District of New York
- 2
In Tavarez-Vargas v. Singer Sewing Machine Company, Judge Cronan adjourned the case-management conference and ordered the parties to submit planning materials.
Carmen Tavarez-Vargas and Singer Sewing Machine Company must submit the required joint letter and proposed case-management plan by March 28, 2022, and attend the rescheduled conference on April 4, 2022.
What happened
In Tavarez-Vargas v. Singer Sewing Machine Company, the court had scheduled a hearing on Carmen Tavarez-Vargas’s request for a default judgment after the defendant initially failed to appear. The defendant later appeared, and the court vacated the certificate of default.
Because the parties did not submit the joint letter and proposed case-management plan required by the court’s rules, the court moved the conference from March 7 to April 4, 2022. It ordered the parties to submit a joint letter and proposed scheduling order by March 28, including information about the case, defenses, jurisdiction, motions, discovery, settlement discussions, and trial length.
Judge John P. Cronan also directed the parties to be ready to discuss whether the complaint states a valid claim under the Americans with Disabilities Act. The order did not decide that question or otherwise rule on the merits of the case.
The detailed version
- Tavarez-Vargas v. Singer Sewing Machine Company · No. 1:21-cv-09831
- John Cronan
- Mar. 4, 2022
Background
The court had ordered Plaintiff Carmen Tavarez-Vargas to move for default judgment against Singer Sewing Machine Company by February 4, 2022. The court had scheduled a default-judgment hearing for March 7, 2022. After Singer appeared, the court vacated the certificate of default. The court’s earlier order stated that the March 7 appearance would also serve as an initial case-management conference if Singer appeared and opposed the default-judgment motion.
Reason for the Order
The parties had not submitted the joint letter, proposed case-management plan, and proposed scheduling order required before the conference under the court’s rules. The court therefore adjourned the March 7 conference until April 4, 2022, at 11:00 a.m.
Required Submissions
The court ordered the parties to submit by March 28 a joint letter of no more than five pages. The letter must separately address the nature of the action and principal defenses; the basis for federal jurisdiction and venue; outstanding motions or requests to file motions; completed and necessary discovery; prior settlement discussions; estimated trial length; and any other information that could assist the court in resolving the case. The parties must also submit a proposed case-management plan and scheduling order.
Americans with Disabilities Act Issue
The court directed the parties to be prepared to discuss whether the complaint alleges a valid cause of action under the Americans with Disabilities Act, a federal law that prohibits disability discrimination in covered settings. The court cited decisions discussing whether business websites without public-facing physical retail operations qualify as places of public accommodation under that law. The order did not resolve whether Tavarez-Vargas’s complaint states a valid claim.
Disposition
The court adjourned the scheduled conference and imposed the filing deadlines and preparation requirements described above. It did not grant or deny a motion concerning the merits of the complaint.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.