Fagnani v. Bebird Inc.

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 Bebird (USA) Inc. They must make a good-faith attempt to settle the action.

Issues for Settlement Discussions

The court directed the parties to discuss whether Plaintiff Mykayla Fagnani has satisfied the threshold requirement of standing, meaning the legal requirement that she be entitled to bring the case. The parties must also discuss whether the website involved in the action is a standalone website—described in the order as a business website without a physical location—and whether such a website qualifies as a place of public accommodation under Title III of the Americans with Disabilities Act. The order cited decisions from the Southern District of New York addressing those issues but did not resolve them.

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

Joint Letter and Next Steps

Within 15 additional days—45 days after service of the summons and complaint—the parties must submit a joint letter stating whether they have settled. If they have not settled, the letter must ask the court either to refer the case to mediation or to a magistrate judge for a settlement conference, with a preference between those options, or to proceed with an initial status conference. The letter must also state whether Bebird intends to answer or move to dismiss the complaint. If Bebird plans to move to dismiss, it must briefly state the basis for the anticipated motion in no more than one paragraph.

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

Service of the Order

Counsel who had appeared when the order was issued must promptly serve the order and the judge’s Individual Rules and Practices on counsel for parties who had not appeared, or on the party personally if counsel’s identity was unknown. Counsel must also file proof of that notice with the court.

Disposition and Classification

The court entered a case-management and settlement order. It did not grant or deny a motion, decide standing, determine whether the website is a public accommodation, or resolve the underlying Americans with Disabilities Act claims. The matter is therefore classified as a procedural order.