Reyes v. Blick Art Materials, LLC

Background

Nathalie Reyes brought this action on behalf of herself and others similarly situated against Blick Art Materials, LLC. The order refers to a website at issue and to possible claims under Title III of the Americans with Disabilities Act, but it does not decide those claims.

Court’s Order

The court ordered the parties to meet and confer for at least one hour within 30 days after service of the summons and complaint on Blick. They must make a good-faith effort to settle. During those discussions, the parties must consider whether Reyes satisfies the threshold requirement of standing, meaning whether she has the required personal connection to bring the case. They must also consider whether the website is a “standalone website,” described in the order as a business website without a physical location, and whether such a website is a “place of public accommodation” under Title III of the Americans with Disabilities Act. The court cited decisions from some courts in the Southern District of New York addressing that issue; it did not resolve the issue here.

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

Within 15 additional days—45 days after service of the summons and complaint—the parties must submit a joint letter. The letter must state whether they settled. If they did not settle, it must request either referral to mediation or a settlement conference before a magistrate judge, with a preference between those options, or an initial status conference. The letter must also state whether Blick intends to answer or move to dismiss. If Blick expects to file a motion to dismiss, the letter must briefly state the basis for that anticipated motion in no more than one paragraph.

Effect of the Order

The court stayed Blick’s deadline to answer or otherwise respond to the complaint until the joint letter is filed. After the letter is filed, the court will set either a deadline for the answer or a briefing schedule for a motion to dismiss. Counsel who had appeared when the order issued must serve the order and the judge’s individual rules on counsel or parties who had not appeared and file proof of that notice.

Disposition

This is a procedural order directing settlement-related discussions and setting next steps. Judge Margaret M. Garnett did not rule on the merits of Reyes’s claims, standing, or the legal status of the website.