Espinal v. Haleon US Holdings LLC

Order

The court ordered the parties to meet and confer—that is, discuss the case directly—in a good-faith effort to settle the action. The meeting must last at least one hour and occur within 30 days after service of the summons and complaint on Haleon US Holdings LLC.

Issues Identified for Discussion

The court directed the parties to consider whether Frangie Espinal has satisfied the threshold requirement of standing, meaning the legal requirement that a plaintiff be entitled to bring the case. The parties must also consider whether the website involved is a “standalone website,” described in the order as a business website without a physical location. The order notes that some Southern District of New York decisions have held that such a website is not a “place of public accommodation” under Title III of the Americans with Disabilities Act. The court did not decide either issue.

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

Required Joint Letter and Stayed Response Deadline

Within 15 additional days—45 days after service—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 identified, or an initial status conference. The letter must also state whether Haleon intends to answer the complaint or move to dismiss it. If Haleon plans to move to dismiss, it must briefly describe the anticipated motion’s basis in no more than one paragraph.

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

Counsel Notice

Counsel who had appeared when the order was issued must promptly provide the order and the court’s Individual Rules and Practices to counsel for parties who had not yet appeared, or directly to those parties if their counsel’s identities were unknown. They must also file proof that the notice was provided.

Disposition

This is a case-management and settlement order. Judge Margaret M. Garnett did not rule on the merits of Espinal’s claims, decide standing, determine whether the website is a public accommodation, or rule on any motion to dismiss.