Delacruz v. Boggi New York LLC

Order and Settlement Discussions

The court ordered the parties to meet and confer within 30 days after Defendant is served with the summons and complaint. The meeting must last at least one hour and must be a good-faith attempt to settle the action.

During those discussions, the parties were directed to consider whether Plaintiff has met the threshold requirement of standing, meaning a sufficient personal connection to bring the case in federal court. They were also directed to consider whether the website involved 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 Americans with Disabilities Act. The order notes that some courts in the Southern District of New York have held that standalone websites do not qualify, but Judge Garnett did not decide either issue.

Follow-Up Joint Letter

If the parties cannot settle through their own discussions, they must also discuss whether further settlement efforts through the district court’s mediation program or before a magistrate judge would be productive.

Within 15 additional days—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 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.

Other Directives and Disposition

The deadline for Defendant 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 Defendant’s answer or a briefing schedule for a motion to dismiss.

Counsel who had appeared when the order was issued must promptly serve the order and Judge Garnett’s Individual Rules and Practices on counsel for parties who had not appeared, or on those parties personally if their counsel’s identity is unknown. They must also file proof of that notice.

The order is a procedural case-management order. It does not grant or deny a motion, dismiss any claim, or decide the standing or Americans with Disabilities Act issues.