Fernandez v. Unique Vintage, Inc.
- Tarnofsky
- 1:24-cv-04216
- U.S. District Court · Southern District of New York
- 1
In Fernandez v. Unique Vintage, Judge Tarnofsky ordered settlement discussions, consideration of standing, and a joint status letter.
Jacqueline Fernandez and Unique Vintage, Inc., who must follow the court's settlement-discussion and joint-letter requirements.
What happened
Fernandez v. Unique Vintage, Inc. is an order requiring the parties to try to settle the case. Within 30 days after the summons and complaint are served, they must meet for at least one hour and make a good-faith effort to settle.
During that meeting, the parties must consider whether Jacqueline Fernandez has satisfied the legal requirement of standing, meaning a sufficient connection to bring the case. If they cannot settle, they must also discuss whether court-connected mediation or a settlement conference would be useful.
Within 45 days after service, the parties must send a joint letter to the court stating whether they settled. If not, they must ask for mediation, a settlement conference, or an initial case-management conference. Judge Robyn F. Tarnofsky issued the order.
The detailed version
- Fernandez v. Unique Vintage, Inc. · No. 1:24-cv-04216
- Tarnofsky
- June 7, 2024
Order
The court ordered Jacqueline Fernandez and Unique Vintage, Inc. to meet and confer for at least one hour within 30 days after service of the summons and complaint. The meeting must be a good-faith attempt to settle the action.
The parties must discuss whether Fernandez has satisfied the threshold requirement of standing. Standing is the legal requirement that a plaintiff have a sufficient connection to the dispute to bring the case. The parties must also discuss whether additional settlement discussions through the court's mediation program or before Judge Tarnofsky would be productive if they cannot settle on their own.
Required Joint Letter
Within 45 days after service of the summons and complaint, the parties must submit a joint letter telling the court whether they settled. If they did not settle, the letter must request one of three next steps: referral to mediation, a date for a settlement conference, or an initial case-management conference.
What the Order Does Not Decide
The order does not decide whether Fernandez has standing, whether the claims have merit, or whether the case should be dismissed. It sets settlement and case-management requirements.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.