Velasquez v. Antojitos Del Mangu 3rd Ave Restaurant Corp.

Order

The court ordered the parties to meet and confer for at least one hour within 30 days after service of the summons and complaint. They must make a good-faith effort to settle the action. During those discussions, the parties should consider whether Ricardo Velasquez has satisfied the threshold requirement of standing, meaning a sufficient legal connection to bring the lawsuit. The order cites Second Circuit decisions concerning that issue but does not decide whether standing exists.

If the parties cannot settle the case themselves, they must also discuss whether further settlement discussions through the district court’s mediation program or before a magistrate judge would be productive at that time.

Within 15 additional days—making the deadline 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 either referral to mediation or to a magistrate judge for a settlement conference, and state a preference between those options, or an initial status conference.

Disposition and Classification

The opinion is a case-management and settlement order. It does not rule on standing or the merits of Velasquez’s claims against Antojitos Del Mangu 3rd Ave Restaurant Corp. doing business as Antojitos Del Mangu, or Jefferson/3531 LLC. Because the court addressed only procedural and settlement matters, this is classified as a procedural order.