Moran v. FedEx Corporation

Background

Washington Moran brought an action against FedEx Corporation concerning a website and the Americans with Disabilities Act (ADA), a federal law addressing disability discrimination. The order does not state the complaint’s detailed allegations or identify the specific accessibility barriers claimed.

Court’s Directions

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 FedEx. They must make a good-faith effort to settle the action. During those discussions, the parties must consider whether Moran has satisfied the threshold requirement of standing, meaning a sufficient personal connection to bring the lawsuit. They must also consider whether the website is a “standalone website,” described in the order as a business website without a physical location, and whether such a website qualifies as a “place of public accommodation” under Title III of the ADA. The order cites decisions from the U.S. Court of Appeals for the Second Circuit and courts in the Southern District of New York, but it does not resolve those issues here.

If the parties cannot settle themselves, they must discuss whether further settlement discussions through the court’s mediation program or before a magistrate judge would be productive. Within 15 additional days—within 45 days after service—they must submit a joint letter stating whether the case settled. If it did not, the letter must request either mediation or a settlement conference before a magistrate judge, while stating a preference, or an initial status conference. The letter must also state whether FedEx intends to answer the complaint or move to dismiss it, and, if FedEx plans to move to dismiss, briefly describe the anticipated basis in no more than one paragraph.

The deadline for FedEx to answer or otherwise respond to the complaint was stayed, meaning paused, until the joint letter is submitted. After that filing, the court will set either a deadline for FedEx’s answer or a schedule for briefing a motion to dismiss. Counsel who had appeared when the order was issued were also directed to notify other parties’ counsel—or the parties personally if their counsel were unknown—by serving the order and the judge’s individual rules, and to file proof of that notice.

Disposition and Effect

This was a procedural case-management order. Judge Margaret M. Garnett ordered settlement-related discussions, required the joint letter, paused FedEx’s response deadline, and set out notice requirements. The court did not grant or deny a motion, decide standing, determine whether the website is covered by Title III of the ADA, or decide the merits of the action.