Mendez v. Burger King Corporation
- Ronnie Abrams
- 1:19-cv-09855
- U.S. District Court · Southern District of New York
- 2
In Mendez v. Burger King, Judge Abrams stayed the case pending a Second Circuit decision in a related appeal.
The plaintiff, Mendez, and Burger King Corporation are affected because the case is paused while the related Second Circuit appeal is decided.
What happened
Mendez v. Burger King Corporation concerns claims under disability and New York human-rights laws based on Burger King’s alleged failure to offer gift cards embossed in Braille. Burger King’s motion to dismiss was pending.
Mendez asked the court to pause the case until the Second Circuit decided a related appeal. Burger King instead asked the court to dismiss the case, relying on earlier decisions involving similar claims against Whole Foods and Boston Market.
Judge Ronnie Abrams stayed the case. The parties must file a joint letter within one week after the Second Circuit decides the related appeal, explaining how that decision affects this case and proposing next steps.
The detailed version
- Mendez v. Burger King Corporation · No. 1:19-cv-09855
- Ronnie Abrams
- July 21, 2020
Background
The plaintiff alleged claims under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. The claims were based on Burger King Corporation’s alleged failure to offer gift cards embossed in Braille. Burger King’s motion to dismiss the plaintiff’s First Amended Complaint was pending.
The court had directed the parties to address the possible effect of its recent decisions in cases involving similar allegations against Whole Foods Market Group and Boston Market Corporation. Those earlier decisions included rulings concerning standing and failure to state a claim.
Parties’ Positions
The plaintiff asked the court to stay, or pause, this case while the Second Circuit considered a consolidated appeal involving similar motions to dismiss. Burger King argued that the case should be dismissed for the same reasons the court had dismissed the Whole Foods and Boston Market cases.
Ruling
Judge Ronnie Abrams stayed the action. The court ordered the parties to file a joint letter no later than one week after the Second Circuit issues its decision in the related appeal, Mendez v. Ann Taylor, Inc., No. 20-1550. The letter must explain the appeal’s effect on this case and propose next steps. The order did not decide Burger King’s motion to dismiss or the merits of the plaintiff’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.