Case 1:21-cv-09932-JMF Document 5 Filed 11/29/21 Page 1 of 3
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`Plaintiff,
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`Defendant.
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`21-CV-9932 (JMF)
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`ORDER
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`VICTORIANO TAVAREZ, Individually, and On Behalf
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`of All Others Similarly Situated,
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`GOFUNDME INC.,
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`---------------------------------------------------------------------- X
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`JESSE M. FURMAN, United States District Judge:
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`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. In the Court’s experience, the vast majority of cases involving such claims are
`resolved early — often without even an initial pretrial conference.
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`Accordingly, no later than the earlier of 100 days from the date of this Order or two
`weeks after Defendant appears in the case, the parties shall file a joint letter (unless Defendant
`has not appeared, in which case Plaintiff shall file the letter individually), not to exceed two
`pages, including the following information in separately numbered paragraphs:
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`(1)
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`Unless Defendant has already answered, the date on which Plaintiff served
`Defendant with the Complaint and Defendant’s deadline to answer. (If Plaintiff
`has not served Defendant within 90 days of filing the Complaint, in accordance
`with Rule 4(m) of the Federal Rules of Civil Procedure, and filed proof of such
`service on the docket, the case may be dismissed on that basis.)
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`(2)
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`(3)
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`(4)
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`A brief description of any discovery that has already taken place and of any
`discovery that is necessary for the parties to engage in meaningful settlement
`negotiations.
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`A list of all prior settlement discussions, if any, including the date, the parties
`involved, and the approximate duration of such discussions.
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`A statement confirming that the parties have discussed the use of alternate dispute
`resolution mechanisms and indicating whether the parties believe that (a) a
`settlement conference before a Magistrate Judge; (b) participation in the District’s
`Mediation Program; and/or (c) retention of a privately retained mediator would be
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`Case 1:21-cv-09932-JMF Document 5 Filed 11/29/21 Page 2 of 3
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`appropriate and, if so, when.
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`(6)
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`(5) Whether there is anything the Court can do to facilitate settlement (including but
`not limited to referring the matter for a settlement conference before a Magistrate
`Judge or to the District’s Mediation Program).
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`To the extent that Defendant has not answered or appeared, whether Plaintiff
`intends to move for default judgment (and, if so, when Plaintiff would be
`prepared to do so) and/or whether any party intends to move for an extension of
`Defendant’s deadline to answer.
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`(7) Whether any party believes that the Court should hold a conference to address any
`of the foregoing and, if so, when.
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`If any party believes that discovery is necessary or that an initial pretrial conference
`should be held, the parties shall, by the same date and in lieu of the aforementioned letter, file
`on ECF (1) a joint letter in accordance with Paragraph 2.B of the Court’s Individual Rules and
`Practices and as described below; and (2) a proposed Civil Case Management Plan and
`Scheduling Order attached as an exhibit to the joint letter. The parties shall use this Court’s form
`Proposed Civil Case Management Plan and Scheduling Order, which is also available at
`https://www.nysd.uscourts.gov/hon-jesse-m-furman. After reviewing the parties’ submissions,
`the Court will decide if an initial pretrial conference is necessary.
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`The parties’ joint letter shall not exceed five (5) pages and shall provide the following
`information in separate paragraphs:
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`(1)
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`(2)
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`(3)
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`(4)
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`(5)
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`(6)
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`(7)
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`A brief statement of the nature of the action and the principal defenses thereto;
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`A brief explanation of why jurisdiction and venue lie in this Court;
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`A statement of all existing deadlines, due dates, and/or cut-off dates;
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`A brief description of any outstanding motions;
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`A brief description of any discovery that has already taken place and of any
`discovery that is necessary for the parties to engage in meaningful settlement
`negotiations;
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`A list of all prior settlement discussions, including the date, the parties involved,
`and the approximate duration of such discussions, if any;
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`A statement confirming that the parties have discussed the use of alternate dispute
`resolution mechanisms and indicating whether the parties believe that (a) a
`settlement conference before a Magistrate Judge; (b) participation in the District’s
`Mediation Program; and/or (c) retention of a privately retained mediator would be
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`Case 1:21-cv-09932-JMF Document 5 Filed 11/29/21 Page 3 of 3
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`appropriate and, if so, when in the case (e.g., within the next sixty days; after the
`deposition of plaintiff is completed; after the close of fact discovery; etc.) the use
`of such a mechanism would be appropriate;
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`(8)
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`Any other information that the parties believe may assist the Court in advancing
`the case to settlement or trial, including, but not limited to, a description of any
`dispositive issue or novel issue raised by the case; and
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`(9) Whether the parties believe that an initial pretrial conference is necessary.
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`To be clear, the deadline for either of the letters described above is just an outside
`deadline. That is, the parties may file the appropriate letter sooner — and, indeed, should do so
`in the event that they believe the Court should hold a conference or allow discovery to
`commence.
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`If this case has been settled or otherwise terminated, counsel are not required to submit
`either letter mentioned above or to appear for any scheduled conference, provided that a
`stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the
`docket using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions §§ 13.17-
`13.19 & App’x A, available at https://nysd.uscourts.gov/rules/ecf-related-instructions.
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`In accordance with the Court’s Individual Rules and Practices, requests for an extension
`or adjournment may be made only by letter-motion filed on ECF and must be received at least 48
`hours before the deadline or conference. The written submission must state (1) the original
`date(s); (2) the number of previous requests for adjournment or extension; (3) whether these
`previous requests were granted or denied; and (4) whether the adversary consents and, if not, the
`reasons given by the adversary for refusing to consent.
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`All counsel are required to register promptly as filing users on ECF and to familiarize
`themselves with the SDNY ECF Rules & Instructions, which are available at https://www.nysd.
`uscourts.gov/electronic-case-filing. All counsel must also familiarize themselves with the
`Court’s Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-
`m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all
`pretrial conferences must be attended by the attorney who will serve as principal trial counsel.
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`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 and
`Practices 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 Court’s Individual Rules and Practices to that party personally. SO
`ORDERED.
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`Dated: November 29, 2021
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`New York, New York
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` __________________________________
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` JESSE M. FURMAN
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` United States District Judge
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