Fagnani v. Bureau Office, Inc.

Background

Mykayla Fagnani brought this action individually and on behalf of others similarly situated against Bureau Office, Inc. The order refers to a website involved in the action and to issues under Title III of the Americans with Disabilities Act. It does not decide whether Fagnani has standing or whether the website qualifies as a place of public accommodation.

Court-Ordered Settlement Discussions

The Court ordered the parties to meet and confer for at least one hour in a good-faith effort to settle within 30 days after service of the summons and complaint. The parties must consider whether Fagnani has satisfied the threshold requirement of standing. 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 order cited decisions from the U.S. Court of Appeals for the Second Circuit and the Southern District of New York concerning those issues.

If the parties cannot settle on their own, they must discuss whether additional settlement discussions through the 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 stating 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 preference identified, or an initial status conference. The letter must also state whether Bureau Office intends to answer or move to dismiss the complaint. If Bureau Office intends to move to dismiss, it must briefly state the anticipated basis in no more than one paragraph.

The Court stayed Bureau Office’s deadline to answer or otherwise respond to the complaint while the parties complete this process. After the joint letter is filed, the Court will set either a deadline for Bureau Office to answer or a briefing schedule for a motion to dismiss.

Disposition

Judge Margaret M. Garnett ordered the settlement discussions and joint-letter procedures and stayed Bureau Office’s response deadline. The order did not grant or deny a motion to dismiss and did not resolve standing, the website’s status under the Americans with Disabilities Act, or the merits of the case. Counsel who had appeared were also directed to provide the order and the Court’s Individual Rules and Practices to counsel or parties who had not appeared and file proof of that notice.