Ahlschlager v. Imhof

2:24-cv-08267 | New York Eastern District Court

Interested in this case?

Request a Demo Track this case, and find millions of cases like it, let us show you how.
Division Central Islip
Judge Judge Orelia E. Merchant
Filed Nov. 27, 2024
Case Flags CASREF, DECLINED-CONSENT, IFP, and MJI
Magistrate Magistrate Judge James M. Wicks
Nature of Suit 446 Civil Rights - Americans with Disabilities Act - Other
Cause 42:1981 Civil Rights
Jury Demand Defendant
Last Updated: 2 months ago Show Interactive Timeline
Upcoming Events
7 Weeks
  • 5/19/2025
A Status Conference has been scheduled for May 19, 2025 at 12:00 PM via the Court's Video Zoom.
Source
Add
5 Months
  • 9/12/2025
Following discussion with counsel and review of the submitted worksheet, the Court adopted a Scheduling Order which is attached at ECF No. 20 . In addition to the dates set forth below, the last date to take the first steps towards summary judgment motion practice shall be on or before September 12, 2025.
Source
Add
6 Months
  • 9/29/2025
A Final Pretrial Conference has been scheduled for September 29, 2025 at 10:00 AM via the Court's Video Zoom.
Source
Add
Filing Date # Docket Text
1/13/2025
  • Answer
ANSWER to 1 Complaint by John Imhof. (Schirmer, Drew) (Entered: 01/13/2025)
1/13/2025CONFIDENTIALITY STIPULATION AND ORDER: So Ordered by Magistrate Judge James M. Wicks on 1/13/2025. (DF) (Entered: 01/13/2025)
1/13/2025
  • Scheduling Order
SCHEDULING ORDER: Please See Order for Further Details. So Ordered by Magistrate Judge James M. Wicks on 1/13/2025. (DF) (Entered: 01/13/2025)
1/13/2025
  • Order
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE: Counsel for Plaintiff: William M. Brooks. Counsel for Defendant: Drew W. Schirmer. Initial Conference Hearing held on 1/13/2025 at 12:30 PM. The parties summarized the details of the case. Following discussion with counsel and review of the submitted worksheet, the Court adopted a Scheduling Order which is attached at ECF No. 20 . In addition to the dates set forth below, the last date to take the first steps towards summary judgment motion practice shall be on or before September 12, 2025. The Confidentiality Stipulation and Order at ECF No. 18-1 is so-ordered. See ECF No. 21 Stipulation for further details. The undersigned is available for a Settlement Conference if the parties so desire. In the event the parties would like a Settlement Conference, the parties are directed to contact the undersigned's Courtroom Deputy at (631) 712-5625 with mutually convenient dates that the parties are available. A Status Conference has been scheduled for May 19, 2025 at 12:00 PM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances (Rule §1E). A Final Pretrial Conference has been scheduled for September 29, 2025 at 10:00 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances (Rule §1E). A joint proposed pretrial order ("JPTO") in compliance with the Individual Practice Rules of the Hon. Orelia E. Merchant, signed by counsel for each party, must be filed on ECF at least five (5) business days prior to this conference. If a motion for summary judgment is pending, the final pretrial conference will be cancelled and filing of the JPTO will be held in abeyance. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #12:33-12:41 (Video).) (DF) (Entered: 01/13/2025)
1/6/2025Proposed Scheduling Order by Nicole Ahlschlager (Attachments: # 1 Proposed Order Related proposed confidentiality stipulation and order) (Brooks, William) (Entered: 01/06/2025)
12/19/2024
  • Motion for Preliminary InjunctionGranted
ORDER: For the reasons stated in the attached memorandum and order, Plaintiff's request for a preliminary injunction is GRANTED. It is hereby ordered that defendant, John Imhof, in his official capacity as Commissioner of the SCDSS, is directed to permit plaintiff Nicole Ahlschlager to keep her service dog at any SCDSS shelter where she resides, so long as the dog is muzzled when outside of Plaintiff's room, in any common areas of the shelter facility. It is further ordered that the effectiveness of this preliminary injunction is not conditioned upon the posting of a bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure. Ordered by Judge Orelia E. Merchant on 12/19/2024. (EDH) (Entered: 12/19/2024)
12/13/2024
  • Motion to FileGranted
ORDER GRANTING 16 : Defendants request to submit electronic evidence 16 is GRANTED. Ordered by Judge Orelia E. Merchant on 12/13/2024. (GLO) (Entered: 12/13/2024) (Entered: 12/13/2024)
12/12/2024Notice of Request to Submit Electronic Evidence. by John Imhof. (Schirmer, Drew) (Entered: 12/12/2024)
12/12/2024Motion Hearing as to 24-cv-8267 held on December 11, 2024. William M. Brooks appeared on behalf of the plaintiff; Drew W. Schirmer appeared on behalf of the defense. Case called and hearing held. Both parties were heard. The defense is requested to submit electronic video evidence to the court with no objection from the plaintiff. The Court takes the motion for preliminary injunction under advisement and will issue a written decision. Ordered by Judge Orelia E. Merchant. (Court Reporter Annette Montalvo) (Entered: 12/11/2024)(GLO) (Entered: 12/12/2024)
12/10/2024SUMMONS Returned Executed by Nicole Ahlschlager. John Imhof served on 12/10/2024, answer due 1/2/2025. (Brooks, William) (Entered: 12/10/2024)
12/10/2024INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via Zoom will be held January 13, 2025, at 12:30 PM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than January 6, 2025. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances (Rule §1E).THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. Ordered by Magistrate Judge James M. Wicks on 12/10/2024. (Attachments: # 1 Proposed 26(f) Scheduling Order, # 2 Judge Wicks' Individual Rules) (DF) (Entered: 12/10/2024)
12/9/2024
  • Motion for Preliminary Injunction
MEMORANDUM in Support Reply Memo of Law in Support of Motion for Preliminary Injunction filed by Nicole Ahlschlager. (Attachments: # 1 Affidavit in Support, # 2 Affidavit in Support, # 3 Declaration) (Brooks, William) (Entered: 12/09/2024)
12/6/2024
  • Motion for Preliminary Injunction
MEMORANDUM in Opposition to motion for preliminary injunction filed by John Imhof. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Affidavit in Opposition) (Schirmer, Drew) (Entered: 12/06/2024)
12/6/2024
  • OrderDenied
ORDER re: 11 : Plaintiff's request to present witness testimony virtually is DENIED. The Court hereby clarifies that the preliminary injunction hearing scheduled for December 11, 2024, at 11:15 a.m., in Courtroom 6C South, will consist only of oral argument regarding Plaintiffs motion for a preliminary injunction. The Court reserves decision on holding an evidentiary hearing on the preliminary injunction motion at this time. Schlaifer Nance & Co. v. Est. of Warhol, 194 F.3d 323, 335 (2d Cir. 1999) ("There is, however, a difference between an evidentiary hearing and a hearing at which a subject is allowed to present oral argument."). Ordered by Judge Orelia E. Merchant on 12/6/2024. (EDH) (Entered: 12/06/2024)
12/5/2024
  • Motion
Letter MOTION to Appear by Telephone/Video specifically, seeking leave for the plaintiff's expert to appear virtually at the preliminary injunction hearing by Nicole Ahlschlager. (Brooks, William) (Entered: 12/05/2024)
12/5/2024NOTICE of Appearance by Drew W. Schirmer on behalf of John Imhof (aty to be noticed) (Schirmer, Drew) (Entered: 12/05/2024)
12/4/2024CERTIFICATE OF SERVICE by Nicole Ahlschlager re 5 First MOTION for Order to Show Cause for a Preliminary Injunction (Brooks, William) (Entered: 12/04/2024)
12/4/2024Letter by Nicole Ahlschlager (Brooks, William) (Entered: 12/04/2024)
12/4/2024
  • Order
ORDER: In this Court's December 3, 2024 Order to Show Cause why a preliminary injunction should not be granted, Plaintiff was directed to effectuate service of the Order to Show Cause upon Defendant by December 3, 2024 at 5:00 p.m. Plaintiff has not filed proof of service on the docket. Plaintiff is directed to file proof of service or otherwise update the court as to the status of service by 6:00 p.m. today, December 4, 2024. Ordered by Judge Orelia E. Merchant on 12/4/2024. (EDH) (Entered: 12/04/2024)
12/3/2024
  • Order
ORDER rescheduling the hearing to show cause to December 11, 2024 at 11:15 a.m in court room 6C South before Judge Orelia E. Merchant.Ordered by Judge Orelia E. Merchant on 12/3/2024.(GLO) (Entered: 12/03/2024)
12/3/2024Letter detailing attempt to resolve potential conflict by Nicole Ahlschlager (Attachments: # 1 Letter seeking to resolve conflict) (Brooks, William) (Entered: 12/03/2024)
12/3/2024
  • Motion to Proceed in Forma PauperisGranted
ORDER granting Plaintiff's 2 MOTION for Leave to Proceed in forma pauperis: Plaintiff's motion for leave to proceed in forma pauperis is GRANTED. As the Second Circuit has held, Section 1915(a) does not require a litigant to demonstrate absolute destitution; no party must be made to choose between abandoning a potentially meritorious claim or foregoing the necessities of life. Potnick v. E. State Hosp., 701 F.2d 243, 244 (2d Cir. 1983). Ordered by Judge Orelia E. Merchant on 12/3/2024. (EDH) (Entered: 12/03/2024)
12/3/2024
  • Order
ORDER: The Court is in receipt of Plaintiff's 6 Notice of Related Case as to Newkirk et al. v. Pierre, 19-CV-4283, pursuant to Local Business Rule 3 ("Rule 3"). Rule 3 provides that civil cases are "related" if, "because of the similarity of facts and legal issues or because the cases arise from the same transactions or events, a substantial saving of judicial resources is likely to result from assigning both cases to the same District and/or Magistrate Judge." Counsel for Plaintiff asserts that Ahlschlager is a member of the class certified in Newkirk, but avers that the settlement agreement reached in that case does not address the claims in the instant case. "A civil case shall not be deemed 'related' to another civil case merely because the civil case involves identical legal issues or the same parties." Rule 3(a). The mere fact that the actions involve the same parties is not likely to result in a substantial saving of judicial resources. Further, civil cases presumptively "shall not be deemed to be 'related' unless each case is still pending before the Court." Id. The Newkirk action was closed in October 2022. Consequently, the two cases are not deemed "related" within the meaning of Rule 3. Accordingly, to the extent that Defendant's request that this case be reassigned on this basis, such request is DENIED.
ORDER TO SHOW CAUSE re: 5 MOTION for a Preliminary Injunction. The Court sets the following schedule: (1) Defendant shall appear before this Court on December 11, 2024 at 10:30 a.m., together with Plaintiff, to show cause why a preliminary injunction should not be granted pursuant to Fed. R. Civ. P. 65; (2) Defendant shall serve and file its response to Plaintiff's motion by December 6, 2024; (3) Plaintiff's reply, if any, shall be served and filed by December 9, 2024; and (4) Plaintiff shall effectuate service upon Defendant on or before December 3, 2024 at 5:00 p.m. Ordered by Judge Orelia E. Merchant on 12/3/2024. (EDH) (Entered: 12/03/2024)
12/2/2024Letter informing Court of related case filing by Nicole Ahlschlager (Attachments: # 1 Previously filed but not docketed related case letter) (Brooks, William) (Entered: 12/02/2024)
12/2/2024Case Reassigned to Judge Orelia E. Merchant and Magistrate Judge James M. Wicks. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CG) (Entered: 12/02/2024)
12/2/2024NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (DF) (Entered: 12/02/2024)
12/2/2024Incorrect Case/Document/Entry Information. Case incorrectly assigned during case opening. Docket has been corrected and Magistrate Judge Wicks is now the presiding judge. (CG) (Entered: 12/02/2024)
11/29/2024
  • Motion
First MOTION for Order to Show Cause for a Preliminary Injunction by Nicole Ahlschlager. (Attachments: # 1 Declaration, # 2 Brooks Decl. Exhibit A, # 3 Brooks Decl Exhibit B, # 4 Brooks Decl Exhibit C, # 5 Brooks Decl Exhibit D, # 6 Brooks Decl Exhibit E, # 7 Declaration, # 8 Lavy Decl Exhibit A, # 9 Affidavit in Support, # 10 Ahlschlager Aff Exhibit A, # 11 Affidavit in Support, # 12 Memorandum in Support) (Brooks, William) (Entered: 11/29/2024)
11/27/2024Case Assigned to Magistrate Judge James M. Wicks. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CG) (Entered: 12/02/2024)
11/27/2024Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here: https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CG) Modified on 12/2/2024 (CG). (Entered: 12/02/2024)
11/27/2024Summons Issued as to John Imhof. (SDM) (Entered: 11/27/2024)
11/27/2024
  • Motion to Proceed in Forma Pauperis
MOTION for Leave to Proceed in forma pauperis by Nicole Ahlschlager. (SDM) (Entered: 11/27/2024)
11/27/2024
  • Complaint
COMPLAINT against John Imhof, filed by Nicole Ahlschlager. (Attachments: # 1 Civil Cover Sheet, # 2 Letter) (SDM) (Entered: 11/27/2024)