Toro v. Moac Mall Holdings, LLC
- Analisa Torres
- 1:22-cv-08326
- U.S. District Court · Southern District of New York
- 4
In Toro v. Moac Mall Holdings, Judge Torres denied MOAC’s request to stay discovery or postpone the case-management deadline.
MOAC Mall Holdings, LLC and Luis Toro; the parties must file a revised proposed case-management plan, and discovery was not stayed by this order.
What happened
Toro v. Moac Mall Holdings, LLC concerns a request by MOAC to pause discovery while it prepared a motion arguing that the court lacked authority over it. Luis Toro alleges that he is visually impaired and that MOAC’s website is not accessible to him, violating federal, state, and city disability laws.
MOAC argued that its anticipated motion could end the case and that proceeding with discovery would impose unnecessary costs. Toro agreed to the requested pause. The court’s order did not decide whether it had authority over MOAC or whether Toro’s claims were valid.
Judge Torres denied the request to stay discovery or postpone the deadline for submitting a proposed case-management plan. The parties were ordered to file a revised proposed case-management plan by December 14, 2022.
The detailed version
- Toro v. Moac Mall Holdings, LLC · No. 1:22-cv-08326
- Analisa Torres
- Dec. 9, 2022
Background
Luis Toro alleged that he is visually impaired and that a website maintained by MOAC Mall Holdings, LLC was not accessible to him. The letter states that he brought claims under the Americans with Disabilities Act, New York State Human Rights Law, and New York City Human Rights Law.
MOAC asked the court to stay, or pause, all discovery until the court decided its anticipated motion to dismiss for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2). Personal jurisdiction is the court’s authority to exercise power over a particular defendant. In the alternative, MOAC asked the court to postpone the parties’ deadline to submit a proposed case-management and scheduling order. Toro consented to the requested relief.
MOAC argued that its anticipated jurisdictional motion could dispose of the entire case. The letter described MOAC as a Delaware corporation headquartered in Minnesota and stated that it did not offer products for sale to New York residents through its website. The parties had not yet served discovery requests, but MOAC argued that discovery could require document requests, interrogatories, requests for admission, depositions, and expert review of its website.
Ruling
The court marked the request “DENIED.” It ordered the parties to file a revised proposed case-management plan by December 14, 2022, as described in the court’s earlier filing. The order did not rule on MOAC’s anticipated motion to dismiss, personal jurisdiction, the accessibility allegations, or the underlying legal claims.
Classification
This is a procedural order because it addressed discovery and case-management timing rather than deciding the merits of Toro’s claims or MOAC’s anticipated jurisdictional motion.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.