Murphy v. Eetho Brands Inc.

Nature of the order

This is a case-management and settlement order. The court did not rule on the merits of Murphy’s claims, decide whether Murphy has standing, or determine whether the website qualifies as a place of public accommodation under Title III of the Americans with Disabilities Act.

Required settlement discussions

The court ordered the parties to meet and confer for at least one hour, in good faith, within 30 days after service of the summons and complaint on Eetho Brands, Inc. The parties must attempt to settle the action. During those discussions, they should consider whether Murphy has satisfied the threshold requirement of standing, meaning a legally sufficient basis to bring the case in federal court.

The parties should also consider whether the website is a “standalone website,” which the order describes as a business website without a physical location. The order notes that some Southern District of New York decisions have held that such a 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 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—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, stating which option the parties prefer, or to proceed with an initial status conference. The letter must also state whether Eetho intends to answer the complaint or move to dismiss it. If Eetho anticipates moving to dismiss, it must briefly describe the basis for that anticipated motion in no more than one paragraph.

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

Notice to counsel

Counsel who had filed notices of appearance when the order issued must promptly serve the order and Judge Garnett’s Individual Rules and Practices on counsel for parties who had not appeared. If counsel do not know the identity of another party’s counsel, they must send the materials directly to that party. Counsel must also file proof that the notice was served.

Disposition

The court entered the settlement and case-management requirements described above. It did not grant or deny a motion, dismiss the action, or resolve the standing or Americans with Disabilities Act issues.