Karim v. BuyMeBeauty, Inc.

Order

The court ordered the parties to meet and confer for at least one hour within 30 days after service of the summons and complaint on BuyMeBeauty, Inc. The meeting must be a good-faith attempt to settle the action. The parties were directed to discuss whether Jessica Karim has satisfied the threshold requirement of standing, meaning the requirement that a plaintiff be entitled to ask a federal court to decide a dispute. The order cited decisions concerning standing but did not decide whether Karim has standing.

Further Procedures

If the parties cannot settle the case themselves, they must also discuss whether additional settlement discussions through the court’s mediation program or before a magistrate judge would be productive. Within 15 additional days—45 days after service of the summons and complaint—the parties must file a joint letter telling the court whether they settled. If they did not settle, the letter must request either referral to mediation or a settlement conference before a magistrate judge, with a preference between those options, or an initial status conference.

The joint letter must also state whether BuyMeBeauty intends to answer the complaint or move to dismiss it. If BuyMeBeauty intends to move to dismiss, it must briefly state the anticipated basis for that motion in no more than one paragraph. BuyMeBeauty’s deadline to answer or otherwise respond to the complaint is stayed pending the joint letter. After the letter is filed, the court will set either a deadline for the answer or a briefing schedule for a motion to dismiss.

Notice to Counsel

Counsel who had appeared by the date of the order must promptly serve the order and Judge Garnett’s Individual Rules and Practices on counsel for parties who had not appeared, or personally on the party if counsel’s identity was unknown. Those counsel must file proof of the notice with the court.

Disposition

Judge Margaret M. Garnett entered case-management and settlement-related directives. The order did not rule on standing, a motion to dismiss, or the merits of the action.