Riley v. Lovepop, Inc.

Background

Amanie Riley brought this action on behalf of herself and others described as similarly situated against Lovepop, Inc. The order discusses issues concerning the website involved in the action and Title III of the Americans with Disabilities Act, a federal law addressing access to places of public accommodation for people with disabilities.

Settlement and Issues to Discuss

The court ordered the parties to meet and confer—that is, meet and discuss the case—in a good-faith effort to settle. The meeting must last at least one hour and must occur within 30 days after Lovepop is served with the summons and complaint.

The parties must discuss whether Riley has satisfied the threshold requirement of standing, meaning a sufficient legal connection to bring the lawsuit. They must also discuss whether the website is a “standalone website,” which the order describes as a business website without a physical location, and whether such a website is a “place of public accommodation” under Title III. The order cites decisions from the Southern District of New York addressing those issues but does not resolve them in this case.

If the parties cannot settle on their own, they must discuss whether additional settlement efforts through the court’s mediation program or before a magistrate judge would be productive.

Deadlines and Further Proceedings

Within 15 additional days—45 days after service—the parties must file a joint letter stating whether they settled. If they did not settle, the letter must ask the court either to refer the case to mediation or a magistrate judge for a settlement conference, while stating which option the parties prefer, or to proceed with an initial status conference. The letter must also state whether Lovepop intends to answer the complaint or move to dismiss it. If Lovepop plans to seek dismissal, it must briefly describe the basis for that anticipated motion in no more than one paragraph.

Lovepop’s deadline to answer or otherwise respond to the complaint is stayed, meaning paused, until the joint letter is submitted. After the letter is filed, the court will set a deadline for Lovepop to answer or establish a schedule for briefing a motion to dismiss.

Ruling

Judge Margaret M. Garnett ordered the settlement meeting, the joint-letter filing, and the stay of Lovepop’s response deadline. The order did not rule on standing, whether the website qualifies as a place of public accommodation, or the merits of Riley’s claims.