Jackson v. Onespan Inc.

Nature of the Order

This is a case-management and settlement order. It does not resolve the merits of Jackson’s claims against Onespan Inc.

Required Settlement Discussions

The court ordered the parties to meet and confer for at least one hour within 30 days after Onespan is served with the summons and complaint. They must make a good-faith attempt to settle the action.

During those discussions, the parties must consider whether Jackson has satisfied the threshold requirement of standing, meaning whether she is legally entitled to bring the claims. They must also consider whether the website involved 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 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 district’s mediation program or before a magistrate judge would be productive at that time.

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, stating which option the parties prefer, or an initial status conference.

The joint letter must also state whether Onespan intends to answer the complaint or file a motion to dismiss. If Onespan plans to seek dismissal, the letter must briefly state the basis for the anticipated motion in no more than one paragraph.

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

Notice Requirements and Disposition

Counsel who had appeared by the date of the order must promptly send the order and the judge’s individual rules to counsel for parties who had not appeared, or directly to those parties if their counsel’s identities were unknown. Counsel must also file proof that the required notice was provided.

Judge Margaret M. Garnett entered the order on July 7, 2025. The order requires settlement-related steps, sets reporting deadlines, stays Onespan’s response deadline, and leaves any answer or motion to dismiss for a later order.