Outback Steakhouse was sued in a website accessibility case in NY. Outback has a settlement agreement in the NY case in which it committed to bring its website into compliance. Another lawsuit was brought in FL also based on website accessibility. Outback moved to dismiss the FL case because they are already subject to an order which provides FL plaintiff with complete relief. Its motion to dismiss was granted and the FL plaintiff appealed. We filed an amicus brief on January 30, 2018, in support of the argument that while a remediation plan is in effect/underway by a Defendant, and a particular time table is in place to complete the remediation efforts, it is a complete waste of all parties’ and court resources to litigate the same exact issue in another court.
While we waited for oral argument to be scheduled, on August 9, 2018, Plaintiff filed a Motion to Voluntary Dismiss the Appeal. On August 13, 2018, an Order granting a Joint Motion to Dismiss the Appeal was issued without a settlement, just with both parties bearing their own attorneys’ fees and costs. Case is now closed.