Franco v. Delta Pi Realty LLC

Background

Milagros Franco brought an action against Delta Pi Realty LLC and 23rd Street Jewelry and Hair Corp. The filing states that the action concerns alleged inaccessibility of a public accommodation to Franco and other wheelchair users, in violation of Title III of the Americans with Disabilities Act and analogous state and local laws.

The parties participated in mediation and reported that they reached a settlement in principle on February 2, 2024. They later signed a confidential settlement agreement. The agreement required the defendants to make various modifications to the public accommodation and pay Franco monetary damages by January 15, 2025.

Requested administrative closure

The parties jointly asked the court to administratively close the proceedings. They described administrative closure as a docket-management device that removes a case from the active docket without terminating the underlying case. They stated that the case could be restored to the active calendar if disputes arose concerning the settlement. They also stated that the defendants would hold an executed stipulation of dismissal in escrow and could file it after the settlement conditions were satisfied, resulting in dismissal of the action.

Court’s action

The court stated that it appreciated the parties’ explanation of why dismissal with prejudice was not feasible at that time, despite the settlement agreement. The court also stated that, if the parties resubmitted their consent form, it would execute the form allowing a magistrate judge to take jurisdiction over the case. The provided text ends with “SO ORDERED,” but it does not expressly state that the joint motion to administratively close proceedings was granted. It also does not state that the action was dismissed.

Classification

This is a procedural order because it concerns administrative case management and settlement-related procedures rather than deciding the merits of the accessibility claims.