Moran v. Peter Millar LLC

Background

Washington Moran filed this action against Peter Millar LLC on behalf of himself and all other persons similarly situated. The opinion identifies issues involving the website at issue and Title III of the Americans with Disabilities Act, but it does not describe the complaint’s specific allegations or decide the merits of those claims.

Settlement and threshold issues

The court ordered the parties to meet and confer for at least one hour within 30 days after service of the summons and complaint on Peter Millar. They must make a good-faith attempt to settle the action. During those discussions, the parties should consider whether Moran has standing, meaning the legal requirement that a plaintiff have a sufficient personal stake in the dispute. They should also consider whether the website 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 court cited decisions from the U.S. Court of Appeals for the Second Circuit and the Southern District of New York concerning these issues.

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.

Required joint letter and response deadline

Within 15 additional days, or within 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 between those options, or an initial status conference. The letter must also state whether Peter Millar intends to answer or move to dismiss the complaint. If Peter Millar intends to move to dismiss, it must briefly state the basis for the anticipated motion in no more than one paragraph.

The court stayed Peter Millar’s deadline to answer or otherwise respond to the complaint until the joint letter is submitted. After the letter is filed, Judge Margaret M. Garnett will issue an order setting either a deadline for an answer or a schedule for briefing a motion to dismiss.

Other directive

Counsel who had appeared by the date of the order must promptly serve the order and the judge’s individual rules on counsel who had not appeared, or on the party personally if counsel’s identity was unknown, and file proof of that notice with the court.

Disposition

This is a case-management and settlement order. The court did not grant or deny a motion, dismiss the action, or decide standing, the website’s status under the Americans with Disabilities Act, or any other underlying claim.