Tavarez-Vargas v. Culture Carton LLC
- John Cronan
- 1:21-cv-09876
- U.S. District Court · Southern District of New York
- 1
In Tavarez-Vargas v. Culture Carton LLC, Judge Cronan ordered proof of service and supplemental ADA-standing briefing; he did not decide default judgment.
Carmen Tavarez-Vargas and Culture Carton LLC; the order imposes filing requirements on Tavarez-Vargas and postpones a ruling on her motion for default judgment.
What happened
In Tavarez-Vargas v. Culture Carton LLC, Carmen Tavarez-Vargas had asked the court to enter a default judgment against Culture Carton LLC. The court had postponed the hearing on that request from May 31 to June 30, 2022.
The court said the docket did not show that Culture Carton LLC had received the court’s May 27 order. It required Tavarez-Vargas to file proof that she served that order by June 6, 2022. It also required her to file additional briefing by June 9 on whether she had properly alleged the required constitutional standing for her Americans with Disabilities Act claim, considering a recent Second Circuit decision.
Judge John P. Cronan did not rule on the default-judgment request or decide the standing issue in this order. The order instead set filing requirements before the rescheduled hearing.
The detailed version
- Tavarez-Vargas v. Culture Carton LLC · No. 1:21-cv-09876
- John Cronan
- June 2, 2022
Background
Carmen Tavarez-Vargas moved for default judgment against Culture Carton LLC. On May 27, 2022, the Court postponed the hearing on that motion from May 31, 2022, to June 30, 2022. The May 27 order required Tavarez-Vargas to serve Culture Carton LLC by overnight courier and file proof of service by June 1, 2022.
Court’s directives
The Court stated that the docket did not show that Culture Carton LLC had been served with the May 27 order. It ordered Tavarez-Vargas to file proof of service by June 6, 2022, as previously directed.
The Court separately ordered Tavarez-Vargas to file supplemental briefing by June 9, 2022, on whether she had properly alleged Article III standing—the constitutional requirement that a plaintiff show a sufficient connection to the alleged injury—for her claim under the Americans with Disabilities Act. The Court directed her to address the Second Circuit’s recent decision in Calcano v. Swarovski North America Ltd.
Disposition
This order did not grant or deny the motion for default judgment and did not decide whether Tavarez-Vargas had Article III standing. Judge John P. Cronan ordered proof of service and supplemental briefing before further proceedings.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.