Calcano v. National Amusements, Inc.

Background

The case concerns claims involving Braille-embossed gift cards and protections under Title III of the Americans with Disabilities Act. The parties had previously placed the case on hold while the Second Circuit considered related appeals involving similar legal issues. In those appeals, the Second Circuit’s majority concluded that the plaintiffs lacked standing under Article III of the Constitution. The opinion text states that the majority did not reach the merits beyond standing.

Calcano asked for permission to file another amended complaint within 30 days. She argued that the amendment would add factual allegations addressing the standing requirements identified by the Second Circuit. She also argued that gift cards are not merely goods but can constitute a service protected by Title III.

National Amusements opposed another amendment. It argued that Calcano had waited about two years after requesting the stay, that the delay prejudiced the defense, and that any amendment would be futile because of the Second Circuit’s decision. National Amusements asked the court to resolve its stayed motion to dismiss, allow it to supplement that motion, or dismiss the case.

Ruling

Judge Ronnie Abrams ordered that Calcano “shall file an amended complaint by August 29, 2022,” to the extent she had a good-faith basis to do so. Two weeks after the amended complaint was filed, National Amusements was required to file either an answer or a motion to dismiss. The order also permitted National Amusements to repeat the arguments from its earlier motion to dismiss for efficiency. The supplied text does not state that the court granted or denied the motion to dismiss, and it does not contain a merits ruling on the claims.