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Case Number: 6:20-cv-06185-MJR
Judge: Michael J. Roemer
Court: United States District Court for the Western District of New York (Monroe County)
Defendant's Attorney: David L. Cook and Tara Marie Ward
Description: Rochester, NY: Americans With Disabilities Act civil rights lawyer represented Plaintiff, who sued Defendant claiming damages and/or injuries as a direct result of violation of the act.
Outcome: 08/23/2021 26 TEXT ORDER STAYING CASE. On 8/2/2021, the Second Circuit granted leave to appeal an interlocutory order of the United States District Court for the District of Connecticut in Laufer v. Ganesha Hospitality, LLC. See Case No. 21-995, Docket Item 48 (2d Cir. 2021). The issue in that case is "[w]hether the [p]laintiff's[, Deborah Laufer's,] status as an alleged tester under the Americans with Disabilities Act meets the requirement of having suffered an injury-in-fact that is concrete and particularized and actual and imminent sufficient to convey Article III standing." Id., Docket Item 33 at 39. The Second Circuit's resolution of that issue will determine whether this Court has the authority to hear this case.
Therefore, this case is HEREBY STAYED pending the Second Circuit's resolution of Laufer v. Ganesha Hospitality, LLC. If any party believes that the appeal in Laufer v. Ganesha Hospitality, LLC, does not affect this case, that party may move to lift the stay. SO ORDERED. Issued by Hon. Michael J. Roemer on 8/23/2021. (RAZ) (Entered: 08/23/2021)
08/23/2021 27 STIPULATION of Dismissal by Deborah Laufer. (Gillespie, Tristan) (Entered: 08/23/2021)
08/23/2021 28 TEXT ORDER. 27 Stipulation of Dismissal filed by Deborah Laufer is hereby SO ORDERED. Issued by Hon. Michael J. Roemer on 8/23/2021. (RAZ)
-CLERK TO FOLLOW UP- (Entered: 08/23/2021)