Settlement Elusive in Food52.com Inaccessible-Website Case
Plaintiff Ramon Fontanez and defendant Food52.com propose an Aug. 4 deadline for completing discovery in Fontanez’s class action against the online kitchenware store, said a proposed case management plan and scheduling order Monday (docket 1:22-cv-09584) in U.S. District Court for…
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Southern New York. Manhattan resident Fontanez alleges Food52.com’s website is rife with barriers that make it impossible for blind and visually impaired consumers like him to shop the store (see 2211100054). His complaint against Food52.com is one of the few among the dozens of inaccessible website complaints he has filed not to progress to a rapid settlement. The parties engaged in settlement talks, but to no avail, said their proposed case management plan. They support a referral to the Southern District’s mediation program as an alternative dispute resolution mechanism, but not referral to a magistrate judge for settlement discussions, said the plan. They also oppose hiring a private mediator. Both sides estimate a trial would last three to five days, but the plan doesn’t propose a trial date.