Jackson v. OMM, LLC

CourtDistrict Court, S.D. New York
DecidedAugust 3, 2022
Docket1:22-cv-04664
StatusUnknown

This text of Jackson v. OMM, LLC (Jackson v. OMM, LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. OMM, LLC, (S.D.N.Y. 2022).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX SYLINIA JACKSON, individually and on behalf ofall — : others similarly situated, : Plaintiff, : 22-CV-4664 (JMF) -v- : ORDER OMM, LLC, : Defendant. : wee KX JESSE M. FURMAN, United States District Judge: The Court received the attached document, styled as a motion to dismiss, signed by Mellina Soheili, Managing Partner of OMM, LLC. Corporate entities (including limited liability companies), however, may appear in federal court only through licensed counsel. See, e.g., Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007). No counsel has appeared on behalf of Defendant, and Mellina Soheili does not appear to be a member of the bar of this Court. Accordingly, the Court will take no further action in response to the attached document. As acourtesy, Defendant is granted a nunc pro tunc extension of its deadline to answer (which passed on July 26, 2022) to August 29, 2022. If, by that date, Defendant has not responded to the Complaint through a proper filing by counsel, default judgment may be entered against Defendant. See, e.g., Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (noting that where such an entity “repeatedly fails to appear by counsel, a default judgment may be entered against it” (internal quotation marks omitted)). Finally, Defendant is cautioned that all filings by represented parties (which, for the reasons discussed, means all future filings by Defendant) must be made electronically via the Court’s Electronic Case Filing (“ECF”) system, with only limited exceptions. See Fed. R. Civ. P. 5(d)(3)(A). As a courtesy, the Clerk of Court is directed to mail a copy of this Order to Melina Soheili at the address provided on page four of the attached document. Future orders of the Court will not be mailed to Defendant. SO ORDERED. Dated: August 3, 2022 New York, New York ESSE RMAN nited States District Judge

UNITED STATES DISTRICT COURT For the Southern District of New York

Sylinia Jackson on Behalf of Herself ) And All Other Persons Similarly ) Situated ) Plaintiff{s) ) ) Civil Action No. 1:22-cv-4664 V. ) ) OMM, LLC, ) Defendant(s) )

OMM, LLC’s MOTION TO DISMISS

1. In reply to the above complaint that was served to OMM LLC on Tuesday July 5, 2022, the OMM, LLC, respectfully motions the Court to dismiss this case based on the below stated facts and detailed explanation that addresses all the concerns of the plaintiff in this case.

2. OMMLLC is a Smal! Ethnic-Minority Woman Owned Business. OMM LLC was established in 2016. OMM has always been about “Love Yourself Again”. The company is committed to Inclusiveness, Equity, Unisex, Love for ALL, Respect for Humanity, Taking care of Ourselves and Community. OMM LLC is a very sociably conscious and committed to rights for all. Its partners and employees are proud to represent and dedicate its calling to humanity and equality for all including individuals with limited accessibility. We are fully committed to this mandate and stand by it; From our working environment to providing employee benefits and treat customers including online customers with outmost respect and to make everyone welcomed

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and be able to interact with OMM website with ease. The following is a summary of how we diligently worked to bring OMM alive after Covid pandemic and making sure we are in compliance with all the Local, State & Federal laws accordingly.

3, OMM isa Natural Thickening Hair & Therapeutic Spa Line. By end of 2018 we had created a 7 SKU Hair Line and 8 SKU Spa line all made in the USA. OMM does not have any physical stores. OMM marketing and sales concept was direct sales to Hair Salons, Spas, Stores, Distributors, and other Channels that have Brick and Mortar. In 2019, we entered the Market Place, with 2 partners and one part-time contractor. In 2019 we only had made $67,261 in gross revenue and a net loss of $38,551. Please see attached P&L statement for 2019 for OMM, LLC. At that time, we had a basic website of 2 pages with no E-Commerce platform. By Feb 2020, we had 2 part time employees only. In Feb 2020, before we could possibly begin to make sales, we were hit with Covid, where almost all the Hair Salons, Spas, Stores, and all distribution line that were Brick and Mortar closed and all our business came to Halt. It was a very devastating effort after major investment to see everything go to ashes. In 2020 our total gross sales were $60,118 with a net loss of $28,835 for the year. Please see attach P&L statement for 2020, By December 2021, most stores were still closed, or they were preparing to start again, we pushed almost all our online sales to Amazon and Macy’s since we didn’t have enough funds to build up the OMM’s own website since we have been in financial crises and loss since we re-started operation! In 2021 our total gross sales (mostly from Amazon marketplace and Macy’s marketplace) were $123,708 with a net loss of $83,411. Please see attached P&L statement for 2021.

4. By March 2022, we were able to receive a small funding from family to hire a couple employees, hoping we can get operational again and start our business over again, since our only sales was pushing sales thru Amazon and Macy’s. To work with wholesalers, distributors and even brick & mortars Stores, we were forced to change/push everything to OMM website knowing that the current website was way too simple, we opted on going with Shopify, which allowed us to setup OMM Online Shop, and yet with minimal technical knowledge, we can stay in business, and finally operate OMM online website (www.ommcollection.com) in a

Mnf Ss Civil Action No 1°27-ev-4664

proper manner and stay compliant in all facets of financial, accounting, inventory control, sales perspectives report that was readily available thru Shopify. In 2022, thru April of 2022, our gross sales are $35,500 with a net loss of $167,961. Please see the attached P&L statement for 2022,

5. Please note that the total sales thru our own web site (ommcollection.com) from inception thru June of current year (2022) is a mere total of $5,676, which is less than 2% of our total sales revenue. Please see the attached Web Site Sales data from Oct 2016 thru June of 2022.

6. As of May 31, 2022, when we upgraded our web site to Shopify hosting, we explicitly turned on the “Accessibility Menu” icon on all of our web pages, which is in addition to footer menu item of “Site Accessibility Statement” that was already available on all pages. See attached “OMM Collection Accessibility Statement” page as available on www.ommcollection.com.

7. Considering all the above facts, we truly believe that our web site, www.ommcollection.com is equally accessible to blind and visually impaired consumers. To prove this to ourselves, we used the web site scanning tool of the “accessibilitychecker,org” organization that scans web site for full compatibility with WCAG (Web Content Accessibility Guidelines) and ADA (Americans with Disability Act) and the official report shows “Fully Compliant”, with a score of 95%, and based on WCAG 2.1 standards, we have 0 (0%) critical issues, passed 100% of required/mandatory items, and require no manual audits. Please see the attached Accessibility Audit Results for www.ommcollection.com, which has detailed reports showing OMM LLC’s web site already complies with ALL the items in plaintiff's class action complaint.

Bace tats Civil Action No. 1:23-cv-4664

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