Opinion

Yan Luis v. Molton Brown USA LLC

Court
District Court, S.D. New York
Filed
Oct 19, 2022
Cited by
0 cases
Authority
More cited than 27.5%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

KEVIN YAN LUIS, et al.,

Plaintiffs,

-against- Case No. 1:22-cv-06471 (JLR)

MOLTON BROWN USA LLC, ORDER

Defendant.

JENNIFER L. ROCHON, United States District Judge:

Plaintiff alleges that Defendant’s website is not accessible to blind and visually impaired

customers and, thus, violates Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C.

§ 12181 et seq. On September 27, 2022, in accordance with the Court’s September 14, 2022

briefing schedule regarding the motion to dismiss (ECF No. 6), Defendant filed a motion to

dismiss the Complaint for lack of jurisdiction. ECF No. 9. On October 18, 2022, Plaintiff filed

an Amended Complaint pursuant to the Court’s September 14, 2022 Order. ECF No. 13.

The Second Circuit has held that “when a plaintiff properly amends her complaint after a

defendant has filed a motion to dismiss that is still pending, the district court has the option of

either denying the pending motion as moot or evaluating the motion in light of the facts alleged

in the amended complaint.” Pettaway v. Nat’l Recovery Sols., LLC, 955 F.3d 299, 303–04 (2d

Cir. 2020) (citing Conforti v. Sunbelt Rentals, Inc., 201 F. Supp. 3d 278, 291 (E.D.N.Y. 2016)).

The Second Circuit explained that courts have this option to “promote[] judicial economy by

obviating the need for multiple rounds of briefing addressing complaints that are legally

insufficient.” Id. In this action, Plaintiff has filed an amended complaint in response to

Defendant’s motion to dismiss the original complaint. ECF No. 13. The Court now exercises its

discretion to dismiss the motion to dismiss as moot, without prejudice to refiling it with respect

to the amended complaint.

Additionally, by separate Order today, the Court is referring this case to the assigned

Magistrate Judge for both for General Pretrial Purposes, including settlement.

In addition, to conserve resources, to promote judicial efficiency, and in an effort to

achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss

whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further

proceedings before the assigned Magistrate Judge. If all parties so consent, counsel shall file on

ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge

form, available at https://www.nysd.uscourts.gov/forms/consent-proceed-us-

magistrate-judge.

If the parties do so, and the Court so orders the form, all further proceedings will then be

conducted before the assigned Magistrate Judge rather than before the undersigned. There will

be no adverse consequences if the parties do not consent to proceed before the Magistrate Judge.

The Clerk of Court is respectfully directed to terminate the motion pending at ECF No. 9.

Dated: October 19, 2022

New York, New York

SO ORDERED.

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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