Opinion
Civil Action 1:22-cv-01134 (ER) 1:22-cv-1675 (GHW-JLC) 1:22-cv-1681 (RA)
05-10-2022
STEPHEN GANNON, individually and on behalf of all others similarly situated, Plaintiff, v. 31 ESSEX STREET, LLC., PARTY BUS BAKESHOP, LLC, et al., Defendants. STEPHEN GANNON, individually and on behalf of all others similarly situated, Plaintiff, v. YAN PING ASSOCIATION, INC., AWESOME AWESOME, INC., et al., Defendants. STEPHEN GANNON, individually and on behalf of all others similarly situated, Plaintiff, v. HUN SHING CORP., H OPTICS OPTOMETRY, P.C., et al., Defendants.
TO: Adam Douglas Ford, Esq. Ford & Huff, LC MORTON S. MINSLEY, ESQ. Attorney for Defendants 31 ESSEX STREET, LLC. (Action No. 1), YAN PING ASSOCIATION, INC., (Action No. 2), and HUN SHING CORP., (Action No. 3)
TO: Adam Douglas Ford, Esq. Ford & Huff, LC
MORTON S. MINSLEY, ESQ. Attorney for Defendants 31 ESSEX STREET, LLC. (Action No. 1), YAN PING ASSOCIATION, INC., (Action No. 2), and HUN SHING CORP., (Action No. 3)
NOTICE OF MOTION
EDGARDO RAMOS U.S.D.J
PLEASE TAKE NOTICE, upon the declaration of Morton S. Minsley, Esq., attorney for Defendants 31 ESSEX STREET, LLC. (Action No. 1), YAN PING ASSOCIATION, INC., (Action No. 2) and HUN SHING CORP., (Action No. 3) (“Defendants”), sworn to on May 6, 2022, with the pleadings and exhibits attached, and the accompanying Memorandum of Law in Support of Motion, the undersigned will move before the Hon. Honorable Edgardo Ramos, U.S.D.J., at the United States District Court for the Southern District of New York, 40 Foley Square Street, Courtroom 619, New York, New York 10007, (1) pursuant to FRCP Rule 42 (a) (1), to consolidate for joint hearing the issue of whether the Plaintiff herein alleges sufficient facts herein, under the pleading standards of Bell Atlantic v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal 566 U.S. 662 (2009), to establish standing to state a private claim for relief under the Americans with Disabilities Act (42 USC § 12188. Et. seq) against the Defendants herein, and (2) to dismiss the complaint(s) herein pursuant to FRCP Rule 12 (b) (6), for failure to state a claim upon which relief can be granted, and (3) for such other and further relief as to this Court may seem just and proper.
It is SO ORDERED.