Competello v. Under 5'10 LLC

What the court ordered

The court directed the parties to meet and confer for at least one hour within 30 days after service of the summons and complaint. The meeting had to be a good-faith attempt to settle the action. The parties were also directed to discuss whether Susan Competello had satisfied the threshold requirement of standing, meaning whether she had the legal basis required to bring the case in federal court. The order cited two Second Circuit decisions concerning standing.

If the parties could not settle, they had to submit a joint letter within 15 additional days, or within 45 days after service of the summons and complaint. The letter had to state whether the case had settled. If it had not, the parties had to ask the court either to refer the case to mediation or to a magistrate judge for a settlement conference, while stating their preference, or to proceed with an initial status conference.

The joint letter also had to state whether Under 5'10 LLC intended to answer the complaint or move to dismiss it. If it intended to move to dismiss, the letter had to briefly describe the anticipated basis for that motion in no more than one paragraph.

Effect on the case

The deadline for Under 5'10 LLC to answer or otherwise respond to the complaint was stayed until the parties submitted the joint letter. After receiving the letter, the court would set either a deadline for the answer or a briefing schedule for a motion to dismiss. The order did not rule on standing, any motion to dismiss, or the merits of the underlying dispute. It also directed appearing counsel to serve the order and the judge’s individual rules on counsel or parties who had not appeared and to file proof of that notice.