Reyes v. The Baird Group, Inc.

What the Order Does

This is a case-management and settlement order, not a decision on the merits. The action concerns a website and a claim under Title III of the Americans with Disabilities Act, a federal law addressing access to places of public accommodation by people with disabilities.

Required Settlement Discussions

The parties must meet and confer for at least one hour in a good-faith attempt to settle the action by June 2, 2025. During those discussions, they must consider whether Plaintiff has satisfied the threshold requirement of standing, meaning whether Plaintiff has the necessary connection to pursue the case in federal court.

They must 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 courts in the Southern District of New York have held that a standalone website is not a “place of public accommodation” under Title III. The order cites those decisions as issues for the parties to consider; it does not decide either issue in this case.

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 at that time.

Joint Letter and Response Deadline

By June 16, 2025, 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 proceed with an initial status conference.

The letter must also state whether Defendant intends to answer the complaint or move to dismiss it. If Defendant plans to move to dismiss, the letter must briefly state the basis for the anticipated motion in no more than one paragraph.

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

Notice to Counsel

Counsel who had filed notices of appearance when the order issued must promptly provide the order and Judge Margaret M. Garnett’s Individual Rules and Practices to counsel for parties who had not yet appeared, or directly to an unrepresented party if counsel’s identity is unknown. Those counsel must also file proof that the notice was provided.

Disposition

Judge Margaret M. Garnett ordered the settlement meeting, joint letter, notice, and related case-management steps described above. The order did not grant or deny a motion, dismiss the action, or resolve standing or the Americans with Disabilities Act claim.