Jackson v. NDAL MFG, INC.

Background

Sylina Jackson brought this proposed class action against NDAL MFG, INC., on behalf of herself and other similarly situated people. The opinion does not state the underlying claims or the relief sought.

Order

The court ordered the parties to meet and confer within 30 days after service of the summons and complaint on NDAL MFG, INC. The meeting must last at least one hour, and the parties must make a good-faith effort to settle the action. They were directed to discuss whether Jackson had satisfied the threshold requirement of standing, meaning whether she had the required legal basis to bring the case. The order cited Second Circuit decisions concerning standing but did not decide the standing issue.

If the parties could not settle on their own, they were also ordered to discuss whether further settlement discussions through the court-annexed mediation program or before a magistrate judge would be productive at that time.

Within 15 additional days—45 days after service of the summons and complaint—the parties must submit a joint letter stating whether they settled. If they did not settle, the letter must request either referral to mediation or to a magistrate judge for a settlement conference, with a preference between those options, or an initial status conference.

Other directions and disposition

Counsel who had appeared when the order was issued were directed to serve the order and the judge’s Individual Rules and Practices on counsel for parties who had not appeared, or on the parties personally if the identity of their counsel was unknown. Counsel must file proof of that notice with the court.

Judge Margaret M. Garnett entered a settlement and case-management order. The opinion does not grant or deny a dispositive motion, decide standing, or resolve the merits of Jackson’s claims.