Knowles v. Flated LLC

What the Order Does

Judge Margaret M. Garnett ordered the parties to meet and confer for at least one hour within 30 days after service of the summons and complaint on Flated LLC. The meeting must be a good-faith attempt to settle the action.

Issues the Parties Must Discuss

The parties must consider whether Carlton Knowles has satisfied the threshold requirement of standing, meaning a sufficient legal basis to bring the case. They must also consider whether the website involved is a “standalone website”—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 in which some courts in the Southern District of New York held that a standalone website is not a place of public accommodation under that law. The order did not decide either issue.

If the parties cannot settle on their own, they must discuss whether further 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, or within 45 days after service of the summons and complaint, 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 a magistrate judge for a settlement conference, while stating a preference between those options, or to proceed with an initial status conference. The letter must also state whether Flated LLC intends to answer or move to dismiss the complaint. If Flated LLC intends to move to dismiss, it must briefly describe the basis for the anticipated motion in no more than one paragraph.

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

Notice to Counsel

Counsel who had appeared by the date of the order must promptly provide the order and the court’s Individual Rules and Practices to counsel for parties who had not appeared. If counsel does not know the identity of another party’s counsel, the order must be sent directly to that party. Counsel receiving the order must file proof that the notice was provided.

Disposition

This is a case-management and settlement order. It does not grant or deny a motion, dismiss the case, or resolve the parties’ underlying legal claims.