Ferber v. Sebastian's Pizzeria Inc.
- Garnett
- 1:25-cv-01094
- U.S. District Court · Southern District of New York
- 2
In Ferber v. Sebastian’s Pizzeria, Judge Garnett ordered settlement talks, a joint status letter, and stayed defendants’ response deadline.
Matthew L. Ferber, Sebastian’s Pizzeria Inc. and the other named Defendants, and counsel or parties who had not yet appeared.
What happened
In Ferber v. Sebastian’s Pizzeria Inc., the court ordered the parties to meet for at least one hour within 30 days after each defendant receives the summons and complaint. They must make a good-faith effort to settle and discuss whether Matthew L. Ferber has met the required standing to sue, although the court did not decide that issue.
Within 15 more days, the parties must submit a joint letter stating whether they settled. If not, they must ask either for mediation or a settlement conference before a magistrate judge, or for an initial status conference. The letter must also say whether the defendants expect to answer or ask the court to dismiss the complaint.
Judge Garnett stayed the deadline for defendants to answer or otherwise respond until the joint letter is filed. The court also ordered counsel who have appeared to send the order and the judge’s rules to parties or counsel who have not appeared and to file proof of that notice.
The detailed version
- Ferber v. Sebastian's Pizzeria Inc. · No. 1:25-cv-01094
- Garnett
- Feb. 7, 2025
Order and case status
The court entered a case-management and settlement order. It did not decide the merits of the complaint, whether Plaintiff Matthew L. Ferber has standing, or any anticipated motion to dismiss.
Settlement discussions
Within 30 days after service of the summons and complaint on each Defendant, the parties must meet and confer for at least one hour in a good-faith attempt to settle the action. During those discussions, they must consider whether Ferber has satisfied the threshold requirement of standing, meaning the legal requirement that a plaintiff be entitled to bring the case. The parties must also discuss whether further settlement discussions through the court-annexed mediation program or before a magistrate judge would be productive if they cannot settle themselves.
Joint letter and response deadline
Within 15 additional days—within 45 days after service—the parties must file a joint letter stating whether they settled. If they did not settle, the letter must request either referral to mediation or a settlement conference before a magistrate judge, with a stated preference, or an initial status conference. The letter must also state whether Defendants intend to answer or move to dismiss the complaint. If they plan to move to dismiss, they must briefly describe the basis for that anticipated motion in no more than one paragraph.
The deadline for Defendants to answer or otherwise respond to the complaint is stayed until the joint letter is filed. After the letter is filed, the court will set either a deadline for an answer or a briefing schedule for a motion to dismiss.
Notice to parties and counsel
Counsel who had appeared when the order was issued must promptly send the order and the court’s Individual Rules and Practices to counsel for all parties who had not appeared, and must file proof of that notice. If counsel do not know the identity of another party’s counsel, they must send those materials directly to that party.
Disposition and classification
The court issued procedural directives concerning settlement, case scheduling, and notice. It did not grant or deny a motion, dismiss any claim, or resolve the standing question. The order is therefore classified as a procedural order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.