Wahab v. Kirby Opco, LLC
- Rochon
- 1:24-cv-05812
- U.S. District Court · Southern District of New York
- 1
In Wahab v. Kirby Opco, LLC, Judge Rochon ordered settlement discussions and a joint status letter without deciding the case’s merits.
Angela Wahab and Kirby Opco, LLC, as the parties required to conduct settlement discussions and submit a joint letter.
What happened
In Wahab v. Kirby Opco, LLC, Angela Wahab sued Kirby Opco, LLC, doing business as The Kirby Company, on behalf of herself and others similarly situated. The opinion does not describe the underlying claims.
The court ordered the parties to meet for at least one hour within 30 days after service of the summons and complaint, or after waiver of service, and to make a good-faith effort to settle. They must discuss whether Wahab has satisfied the threshold requirement of standing and whether court-annexed mediation or a settlement conference before a magistrate judge would be useful.
Within 45 days after service or waiver of service, the parties must submit a joint letter stating whether they settled. If they did not, the letter must ask the court either to refer the case to mediation or a magistrate judge for a settlement conference, or to schedule an initial status conference. Judge Jennifer L. Rochon did not decide standing or the merits of the case.
The detailed version
- Wahab v. Kirby Opco, LLC · No. 1:24-cv-05812
- Rochon
- Aug. 8, 2024
Order
The court ordered the parties to meet and confer for at least one hour in a good-faith effort to settle the action. The meeting must occur within 30 days after service of the summons and complaint, or within 30 days after waiver of service.
Standing Discussion
The parties must consider whether the plaintiff has satisfied the threshold requirement of standing, meaning whether she has the required connection to the alleged legal injury to pursue the case in federal court. The order cites Second Circuit decisions addressing standing. The court did not decide whether standing exists.
Further Settlement Procedure
If the parties cannot settle the action themselves, they must also discuss whether additional settlement efforts through the district court’s 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, or 45 days after 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, while stating a preference between those options, or an initial status conference.
Disposition
This order establishes settlement and case-management requirements. It does not rule on the underlying claims, standing, or any class-certification issue.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.