Fernandez v. 4Patriots, LLC

Nature of the Order

This is a case-management and settlement order in a purported class action brought by Jacqueline Fernandez on behalf of the named plaintiff and others similarly situated. The opinion does not describe the claims against 4Patriots, LLC.

Required Settlement Discussions

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 must be a good-faith attempt to settle the action. The parties must consider whether the plaintiff has satisfied the threshold requirement of standing, meaning the legal requirement that the plaintiff has a sufficient personal stake in the dispute to proceed in federal court. If the parties cannot settle on their own, they must also discuss whether further discussions through the court’s mediation program or before Judge Tarnofsky would be productive at that time.

Required Joint Letter and Next Steps

Within 45 days after service of the summons and complaint, the parties must submit a joint letter telling the court 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.

Disposition and Scope

The court issued these procedural directives. The order does not state a decision on standing, the merits of the claims, or class certification.