Thorne v. Steinway And Sons

What the order concerns

Braulio Thorne filed this proposed class action against Steinway and Sons. The order refers to a website at issue in the action and to possible claims under Title III of the Americans with Disabilities Act, a federal law concerning access for people with disabilities. The order does not decide the claims.

Settlement discussions

Judge Margaret M. Garnett ordered the parties to meet and confer for at least one hour within 30 days after Steinway and Sons is served with the summons and complaint. They must make a good-faith attempt to settle the case. Their discussions should address whether Thorne has standing, meaning a sufficient personal connection to bring the case, and whether the website is a standalone website. The order notes that some Southern District of New York decisions have held that a standalone website is not a “place of public accommodation” under Title III of the Americans with Disabilities Act.

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

Joint letter and response deadline

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

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

Notice obligations and effect

Counsel who had appeared by the date of the order must promptly serve the order and the court’s individual rules on counsel for parties who had not appeared, or on those parties personally if counsel’s identity was unknown. The serving counsel must file proof of that notice.

The court entered a case-management and settlement order. It did not grant or deny a motion, resolve standing, determine whether the website is covered by the Americans with Disabilities Act, or decide the merits of the action.