Calcano v. Freego Usa Inc.
- Paul Engelmayer
- 1:24-cv-06202
- U.S. District Court · Southern District of New York
- 1
In Calcano v. Freego USA Inc., Judge Tarnofsky ordered the parties to pursue settlement discussions and report whether they settled.
The parties—Marcos Calcano and Freego USA Inc.—must participate in the settlement discussions and submit the required joint letter.
What happened
Calcano v. Freego USA Inc. is a putative class action brought by Marcos Calcano against Freego USA Inc. The order requires the parties to discuss settling the case.
Within 30 days after the summons and complaint are served, the parties must meet for at least one hour and make a good-faith effort to settle. They must also discuss whether Marcos Calcano has standing, meaning a sufficient legal connection to bring the case, and whether court-connected mediation or a settlement conference would help.
Within 45 days after service, the parties must jointly tell the court whether they settled. If not, they must ask the court to refer the case to mediation, schedule a settlement conference, or hold an initial case-management conference. Magistrate Judge Robyn F. Tarnofsky entered the order.
The detailed version
- Calcano v. Freego Usa Inc. · No. 1:24-cv-06202
- Paul Engelmayer
- Aug. 20, 2024
Background
Marcos Calcano filed this putative class action against Freego USA Inc. The opinion text does not describe the underlying claims or the relief requested.
Order
The court ordered the parties to meet and confer within 30 days after service of the summons and complaint. The meeting must last at least one hour and involve a good-faith attempt to settle the action.
The parties must consider whether Calcano has satisfied the threshold requirement of standing, meaning whether he has the required legal interest to bring the case. The order cites two Second Circuit decisions concerning standing but does not decide whether Calcano has standing.
If the parties cannot settle on their own, they must also discuss whether additional settlement discussions through the district's court-annexed mediation program or before Magistrate Judge Tarnofsky would be productive at that time.
Reporting Requirement and Disposition
Within 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 one of three next steps: referral to mediation, a date for a settlement conference, or an initial case-management conference.
This is a procedural order directing settlement-related steps and reporting. It does not decide the merits of the claims, standing, or class certification. Magistrate Judge Robyn F. Tarnofsky entered the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.