Settlement Elusive in Inaccessible-Website Complaint vs. Chocolatier

Counsel for plaintiff Ramon Fontanez filed a letter motion Wednesday (docket 1:22-cv-05568) asking U.S. District Judge Jennifer Rochon for Southern New York to extend by 30 days the deadline to file a motion to reopen Fontanez’s Americans With Disabilities Act complaint alleging the website of ChocXO Chocolatier is inaccessible to the blind and visually impaired. The parties “have not yet finalized and consummated the settlement in this action” but anticipate that the settlement process “will be fully complete” within the 30 days, Fontanez’s lawyer wrote Rochon. The judge signed an order Oct. 21 dismissing the case without prejudice to the right to reopen the action within 20 days if the settlement isn't consummated. Wednesday’s request for an extension was Fontanez’s second.