Gannon v. 31 Essex Street LLC

Opinion

It is SO ORDERED. UNITED STATES DISTRICT COURT sa () LP ecua SOUTHERN DISTRICT OF NEW YORK Edgardo Ra nies, US.DS DUTT ogg Dated: _ May 10, 2022 STEPHEN GANNON, individually and on New York. New York behalf of all others similarly situated, a a went EE

Plaintiff, NOTICE OF MOTION -against- CIVIL ACTION NO: 1:22-cv-01134 (ER) 31 ESSEX STREET, LLC., PARTY BUS Action No. 1 BAKESHOP, LLC, et al., Defendants. penne nee eK STEPHEN GANNON, individually and on behalf of all others similarly situated, Plaintiff, -against- CIVIL ACTION NO: 1:22-cv-1675 (GHW-JLC) YAN PING ASSOCIATION, INC., AWESOME Action No. 2 AWESOME, INC., et al., Defendants. pene nee eK STEPHEN GANNON, individually and on behalf of all others similarly situated, Plaintiff, -against- CIVIL ACTION NO: 1:22-cv-1681 (RA) HUN SHING CORP., H OPTICS Action No. 3 OPTOMETRY, P.C., et al., Defendants. pene nee eK 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 US 544 (2007), and Ashcroft v. Igbal 566 US 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. Dated: New York, New York 6 May 2022

Yours, etc.

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) 101 Lafayette Street New York, New York 10013 Phone: (212) 346-0849 E-Mail: Minsleylaw@me.com

TO: Adam Douglas Ford, Esq. Ford & Huff, LC 228 Park Avenue New York, New York 10003 Telephone: (212) 287-5913 Email: adam.ford@fordhufflaw.com Attorneys for Plaintiff