Weekes v. Backcountry Gear Shack LLC
- John Cronan
- 1:21-cv-10456
- U.S. District Court · Southern District of New York
- 1
In Weekes v. Backcountry.com, LLC, Judge Cronan ordered briefing on whether a recent decision affects the plaintiff’s disability claim’s standing.
Robert Weekes and Backcountry.com, LLC, the parties required to address the standing issue in their briefing.
What happened
In Weekes v. Backcountry.com, LLC, the defendant asked the court to dismiss the amended complaint because it said the court lacked jurisdiction. The motion concerned whether the plaintiff properly alleged standing to bring a disability-access claim.
The court did not decide the motion. Instead, it ordered the defendant to file supplemental briefing about the effect of a recent Second Circuit decision, Calcano v. Swarovski North America Ltd., on the standing question by June 20, 2022. The plaintiff was ordered to address that decision in the opposition brief, which was due June 24, 2022.
Judge John P. Cronan issued the order on June 13, 2022. The order required additional briefing but did not grant or deny the motion to dismiss.
The detailed version
- Weekes v. Backcountry Gear Shack LLC · No. 1:21-cv-10456
- John Cronan
- June 13, 2022
Background
On June 3, 2022, Backcountry.com, LLC moved to dismiss Robert Weekes’s amended complaint under Federal Rule of Civil Procedure 12(b)(1), which concerns the court’s subject-matter jurisdiction. The opinion states that the motion raised whether Weekes properly alleged Article III standing for a claim under Title III of the Americans with Disabilities Act.
Order
The court ordered Backcountry.com, LLC to file supplemental briefing by June 20, 2022, addressing what effect, if any, the Second Circuit’s recent decision in Calcano v. Swarovski N. Am. Ltd. had on the standing issue. The court also ordered Weekes to address Calcano in his opposition brief, which was due June 24, 2022.
Disposition
Judge John P. Cronan did not decide the motion to dismiss in this order. The order required supplemental briefing and further argument on the standing question.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.