Tucker v. Cococare Products, Inc.

What the court ordered

The court entered an early case-management and settlement order. It did not rule on the merits of Henry Tucker’s claims against Cococare Products, Inc., and it did not decide whether Tucker has standing, meaning a legally sufficient connection to the dispute that allows him to bring the case.

Settlement discussions

The parties must meet and confer for at least one hour in a good-faith attempt to settle the action. This meeting must occur within 30 days after service of the summons and complaint upon each defendant. During the discussions, the parties should consider whether Tucker has satisfied the threshold requirement of standing. If they 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 at that time.

Joint letter and next steps

Within 15 additional days—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 ask the court either to refer the case to mediation or to a magistrate judge for a settlement conference, while stating the parties’ preference, or to proceed with an initial status conference.

Notice requirements

Counsel who had filed notices of appearance when the order issued must promptly provide the order and Judge Garnett’s Individual Rules and Practices to counsel for parties who had not appeared and file proof of that notice. If counsel does not know the identity of another party’s counsel, counsel must send those materials directly to that party.

Disposition and significance

The court ordered the settlement and reporting procedures described above. The order did not grant or deny a dispositive motion, resolve standing, or decide any underlying claim.