Danso v. Telescents, Inc.

Background

Charity Danso brought this proposed class action individually and on behalf of others similarly situated against Telescents, Inc., doing business as FragranceNet. The order refers to issues involving the Americans with Disabilities Act, including whether Danso has satisfied the threshold requirement of standing and whether the website is a “standalone website” that qualifies as a place of public accommodation under Title III of that law. The court did not resolve either issue.

Settlement discussions and joint letter

The court ordered the parties to meet and confer for at least one hour within 30 days after service of the summons and complaint. They must make a good-faith effort to settle and consider whether further discussions through the court’s mediation program or before a magistrate judge would be productive.

Within 15 additional days—45 days after service—the parties must submit 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 to a magistrate judge for a settlement conference, with a preference between those options, or to schedule an initial status conference. The letter must also state whether Telescents intends to answer or move to dismiss the complaint. If Telescents intends to seek dismissal, it must briefly state the basis for the anticipated motion in no more than one paragraph.

Court’s action

Judge Margaret M. Garnett stayed Telescents’ deadline to answer or otherwise respond to the complaint pending submission of the joint letter. After the letter is filed, the court will set a deadline for Telescents to answer or establish a briefing schedule for a motion to dismiss. Counsel who had appeared when the order was issued must promptly serve the order and the court’s Individual Rules and Practices on counsel for parties who had not appeared, or on those parties personally if their counsel’s identity was unknown, and file proof of that notice.