-1- UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x CLASS ACTION COMPLAINT JURY TRIAL DEMANDED JASON CAMACHO, on behalf of himself and all others similarly situated Plaintiffs, v. BED BATH & BEYOND INC., D/B/A HARMON STORES Defendant. : : : : : : : : : : : : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x INTRODUCTION 1. Plaintiff JASON CAMACHO, on behalf of himself and others similarly situated, asserts the following claims against Defendant BED BATH & BEYOND INC., D/B/A HARMON STORES as follows. 2. Plaintiff is a visually-impaired and legally blind person who requires screen- reading software to read website content using his computer. Plaintiff uses the terms “blind” or “visually-impaired” to refer to all people with visual impairments who meet the legal definition of blindness in that they have a visual acuity with correction of less than or equal to 20 x 200. Some blind people who meet this definition have limited vision. Others have no vision. 3. Based on a 2010 U.S. Census Bureau report, approximately 8.1 million people in the United States are visually impaired, including 2.0 million who are blind, and according to the American Foundation for the Blind’s 2015 report, approximately 400,000 visually impaired persons live in the State of New York. Case 1:18-cv-00279 Document 1 Filed 01/16/18 Page 1 of 27 PageID #: 1
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW … · 2020-01-04 · Brooklyn NY 11232. These stores constitute places of public accommodation. Defendant’s stores provide
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Case 1:18-cv-00279 Document 1 Filed 01/16/18 Page 27 of 27 PageID #: 27
JS 44 (Rev. 11/27/17 CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except asprovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for thepurpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEFPlaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6 Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC ’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and (Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 850 Securities/Commodities/’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Exchange’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 890 Other Statutory Actions’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 893 Environmental Matters Medical Malpractice Leave Act ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS Act’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 899 Administrative Procedure’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee - Conditions of Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 OriginalProceeding
’ 2 Removed fromState Court
’ 3 Remanded fromAppellate Court
’ 4 Reinstated orReopened
’ 5 Transferred fromAnother District(specify)
’ 6 MultidistrictLitigation -Transfer
’ 8 Multidistrict Litigation - Direct File
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Brief description of cause:
VII. REQUESTED INCOMPLAINT:
’ CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23, F.R.Cv.P.
DEMAND $ CHECK YES only if demanded in complaint:
JURY DEMAND: ’ Yes ’No
VIII. RELATED CASE(S)IF ANY (See instructions):
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
JASON CAMACHO, on behalf of himself and all others similarly situated
KINGS
DANIEL COHEN PLLC, 300 Cadman Plz W, 12 Fl., Brooklyn, NY 11201, (646) 645-8482
SEIKO TIME CORPORATION
42 U.S. Code § 12182
Defendant violated the American With Disabilities Act
01/04/2018 /s/ Daniel Cohen
AUDEMARS PIGUET (NORTH AMERICA) INC.FABRIKANT FINE DIAMONDS, INC.
01/10/201801/16/2018
BED BATH & BEYOND INC., d/b/a HARMON STORES
Case 1:18-cv-00279 Document 1-1 Filed 01/16/18 Page 1 of 2 PageID #: 28
CERTIFICATION OF ARBITRATION ELIGIBILITY Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000, exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless a certification to the contrary is filed.
I, __________________________________________, counsel for____________________________, do hereby certify that the above captioned civil action is ineligible for compulsory arbitration for the following reason(s):
monetary damages sought are in excess of $150,000, exclusive of interest and costs,
the complaint seeks injunctive relief,
the matter is otherwise ineligible for the following reason
DISCLOSURE STATEMENT - FEDERAL RULES CIVIL PROCEDURE 7.1
Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:
RELATED CASE STATEMENT (Section VIII on the Front of this Form)
Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a) provides that “A civil case is “related” to another civil case for purposes of this guideline when, 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 judge and magistrate judge.” Rule 50.3.1 (b) provides that “ A civil case shall not be deemed “related” to another civil case merely because the civil case: (A) involves identical legal issues, or (B) involves the same parties.” Rule 50.3.1 (c) further provides that “Presumptively, and subject to the power of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be “related” unless both cases are still pending before the court.”
NY-E DIVISION OF BUSINESS RULE 50.1(d)(2)
1.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk County? Yes No
2.) If you answered “no” above: a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or SuffolkCounty? Yes No
b) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the EasternDistrict? Yes No
c) If this is a Fair Debt Collection Practice Act case, specify the County in which the offending communication wasreceived:______________________________.
If your answer to question 2 (b) is “No,” does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau or Suffolk County?___________________________________
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).
BAR ADMISSION
I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court.
Yes No
Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?
Yes (If yes, please explain No
I certify the accuracy of all information provided above.
Questions of law rather than questions of fact predominate
Case 1:18-cv-00279 Document 1-1 Filed 01/16/18 Page 2 of 2 PageID #: 29
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURTfor the
__________ District of __________
))))))))))))
Plaintiff(s)
v. Civil Action No.
Defendant(s)
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
CLERK OF COURT
Date:Signature of Clerk or Deputy Clerk
DOUGLAS C. PALMER
Eastern District of New York
EDWARD SHOMER, on behalf of himself and all others similarly situated,
ONLINE INFORMATION SERVICES, INC. d/b/a ONLINE COLLECTIONS
ONLINE INFORMATION SERVICES, INC.C/O CORPORATION SERVICE COMPANY80 STATE STREETALBANY, NEW YORK 12207
JOSEPH H. MIZRAHI LAW, P.C.300 CADMAN PLAZA WEST12TH FLOORBROOKLYN, NEW YORK 11201
FEDOR ANTONOV,
DANIEL COHEN PLLC
YURI KOLBASYUK, on behalf of himself and all otherssimilarly situated,
CAPITAL MANAGEMENT SERVICES, LP
CAPITAL MANAGEMENT SERVICES, LP698 1/2 SOUTH OGDEN STREETBUFFALO, NEW YORK, 14206
MRS BPO, LLCC/O NATIONAL CORPORATE RESEARCH, LTD.10 EAST 40TH STREET 10TH FLOORNEW YORK, NEW YORK, 10016
DANIEL ABRAHAMOV, on behalf of himselfand all others similarly situated,
MRS BPO, LLC
AUDEMARS PIGUET (NORTH AMERICA) INC.C/O CT CORPORATION SYSTEM111 EIGHTH AVENUENEW YORK, NEW YORK 10011
JASON CAMACHO,
AUDEMARS PIGUET (NORTH AMERICA) INC.FABRIKANT FINE DIAMONDS, INC.
FABRIKANT FINE DIAMONDS, INC.555 5TH AVENUENEW YORK, NEW YORK 10017
BED BATH & BEYOND INC., d/b/a HARMON STORES
JASON CAMACHO, on behalf of himselfand all others similarly situated
BED BATH & BEYOND INC.ATTN: TAX DEPT650 LIBERTY AVENUEUNION, NEW JERSEY 07083
Case 1:18-cv-00279 Document 1-2 Filed 01/16/18 Page 1 of 2 PageID #: 30
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date) .
’ I personally served the summons on the individual at (place)
on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is
designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date:Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
0.00
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