Agostini v. Allure Day Spa & Hair Design, Inc.

Filing 6

ORDER: It is hereby ORDERED that, within thirty (30) days of service of the summons and complaint upon Defendant, the parties must meet and confer for at least one hour in a good-faith attempt to settle this action. To the extent the parties are una ble to settle the case themselves, they must also discuss whether further settlement discussions through the district's court-annexed mediation program or before a magistrate judge would be productive at this time. It is FURTHER ORDERED that wit hin fifteen (15) additional days (i.e., within forty-five (45)days of service of the summons and complaint), the parties must submit a joint letter informing the Court whether the parties have settled. If the parties do not reach a settlement, the pa rties shall in the joint letter request that the Court either (1) refer the case to mediation or to a Magistrate Judge for a settlement conference (and indicate a preference between the two options), or (2) proceed with an initial status conference. The letter shall also indicate whether Defendant intends to answer or move to dismiss the complaint. If Defendant intends to move to dismiss, the letter shall briefly (in no more than one paragraph) set forth Defendant's basis for its anticipate d motion. The deadline for Defendant to answer or otherwise respond to the complaint is STAYED pending the submission of the joint letter. After the parties file the letter, the Court will enter an order setting a deadline for Defendant to answer or setting a briefing schedule for the motion to dismiss. (Signed by Judge Margaret M. Garnett on 11/21/2024) (sgz)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
11/21/2024

LUNIQUE AGOSTINI, on behalf of herself and all
others similarly situated,
Plaintiff,
-againstALLURE DAY SPA & HAIR DESIGN, INC.,

24-CV-08831 (MMG)
ORDER

Defendant.

MARGARET M. GARNETT, United States District Judge:
It is hereby ORDERED that, within thirty (30) days of service of the summons and
complaint upon Defendant, the parties must meet and confer for at least one hour in a good-faith
attempt to settle this action. In their discussions, the parties should consider whether Plaintiff
has satisfied the threshold requirement of standing. See e.g., Calcano v. Swarovski N. Am. Ltd.,
36 F.4th 68, 77–78 (2d Cir. 2022); Harty v. W. Point Realty, Inc., 28 F.4th 435, 443–44 (2d Cir.
2022). The parties should also consider whether the website at issue in the action is a
“standalone website,” (i.e., a website for a business without a physical location), which some
courts in this District have held is not a “place of public accommodation” under the meaning of
the Title III of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. See, e.g., Mejia v.
High Brew Coffee Inc., No. 22-CV-03667 (LTS), 2024 WL 4350912 (S.D.N.Y. Sept. 30, 2024);
Sookul v. Fresh Clean Threads, Inc., No. 23-CV-10164 (GHW), 2024 WL 4499206 (S.D.N.Y.
Oct. 16, 2024).
To the extent the parties are unable to settle the case themselves, they must also discuss
whether further settlement discussions through the district’s court-annexed mediation program or
before a magistrate judge would be productive at this time.
It is FURTHER ORDERED that within fifteen (15) additional days (i.e., within forty-five
(45) days of service of the summons and complaint), the parties must submit a joint letter
informing the Court whether the parties have settled. If the parties do not reach a settlement, the
parties shall in the joint letter request that the Court either (1) refer the case to mediation or to a
Magistrate Judge for a settlement conference (and indicate a preference between the two
options), or (2) proceed with an initial status conference. The letter shall also indicate whether
Defendant intends to answer or move to dismiss the complaint. If Defendant intends to move to
dismiss, the letter shall briefly (in no more than one paragraph) set forth Defendant’s basis for its
anticipated motion.
The deadline for Defendant to answer or otherwise respond to the complaint is STAYED
pending the submission of the joint letter. After the parties file the letter, the Court will enter an
order setting a deadline for Defendant to answer or setting a briefing schedule for the motion to
dismiss.

Counsel who have entered a notice of appearance as of the issuance of this Order are
directed (1) to notify counsel for all other parties in this action who have not yet appeared
by serving upon each of them a copy of this order and the Court’s Individual Rules &
Practices (“Individual Rules”), available at https://nysd.uscourts.gov/hon-margaret-mgarnett, forthwith, and (2) to file proof of such notice with the Court. If unaware of the
identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy
of this order and the Individual Rules to that party personally.
Dated: November 21, 2024
New York, New York
SO ORDERED.

MARGARET M. GARNETT
United States District Judge