Toro v. Choice Pet Food Distributors, Inc.

Background

Andrew Toro brought this action on behalf of himself and others similarly situated against Choice Pet Food Distributors, Inc. The order identifies the claims as arising under Title III of the Americans with Disabilities Act, but it does not decide the merits of those claims.

What the Court Ordered

The court assigned the case to Judge John P. Cronan for all purposes and ordered counsel for all parties to appear by telephone for an initial pretrial conference on November 2, 2023. The conference was to address the subjects required by Rule 16 of the Federal Rules of Civil Procedure, including settlement, case management, discovery, motions, and the estimated trial length.

The court specifically directed the parties to be prepared to discuss whether Toro has statutory standing to bring his claims. The court also directed them to discuss whether he has Article III standing, meaning the constitutional requirement that a plaintiff have a sufficient personal stake in the dispute, in light of a Second Circuit decision concerning Title III of the Americans with Disabilities Act.

No later than seven days before the conference, the parties were ordered to submit a joint letter of no more than five pages addressing the nature of the action and defenses, jurisdiction and venue, outstanding motions or requests to file motions, discovery, settlement discussions, estimated trial length, and other information that could assist the court. They were also ordered to submit a proposed case-management plan and scheduling order.

Disposition and Significance

This was a case-management and scheduling order. The court did not rule on statutory standing, Article III standing, the validity of Toro’s claims, or Choice Pet Food Distributors, Inc.’s defenses. If the case had been settled or otherwise terminated before the submission deadline, the parties would not have been required to submit the joint letter or attend the conference, provided proof of termination was filed.