Competello v. Queenly, Inc.

Order

The court ordered the parties to meet and confer—that is, to discuss the case directly—in a good-faith attempt to settle the action. The meeting must last at least one hour and must occur within 30 days after service of the summons and complaint, or within 30 days after a waiver of service.

Standing Discussion

The court directed the parties to consider whether Susan Competello has satisfied the threshold requirement of standing, meaning a legally sufficient connection to the alleged harm to allow her to bring the case. The order cited decisions from the U.S. Court of Appeals for the Second Circuit but did not decide whether Competello has standing.

Required Joint Letter

If the parties cannot settle the case themselves, they must also discuss whether further settlement discussions through the district's court-annexed mediation program or before a magistrate judge would be productive. Within 45 days after service of the summons and complaint, or within 45 days after a waiver of service, the parties must submit a joint letter telling the court 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, and state which option the parties prefer, or request that the court proceed with an initial status conference.

Disposition

Judge Jennifer L. Rochon issued case-management and settlement orders. The opinion does not resolve the standing question, certify a class, or decide the merits of the action.