Herrera v. Refy Beauty Inc.
- Rochon
- 1:25-cv-02204
- U.S. District Court · Southern District of New York
- 1
In Herrera v. Refy Beauty Inc., Judge Rochon ordered settlement discussions and a joint update but did not decide standing.
Edery Herrera and Refy Beauty Inc.; the order also concerns the persons Herrera identifies as similarly situated.
What happened
In Herrera v. Refy Beauty Inc., the court ordered the parties to meet for at least one hour within 30 days after the summons and complaint are served. They must make a good-faith effort to settle the case and discuss whether the plaintiff has shown that he has the required legal interest to bring it.
If the parties cannot settle, they must also discuss whether mediation or a settlement conference with a magistrate judge would help. Within 15 more days, they must file a joint letter telling the court whether they settled and, if not, requesting mediation, a magistrate-judge settlement conference, or an initial status conference.
Judge Jennifer L. Rochon issued this case-management order on March 20, 2025. The order did not decide standing, the merits of the claims, or any motion.
The detailed version
- Herrera v. Refy Beauty Inc. · No. 1:25-cv-02204
- Rochon
- Mar. 20, 2025
Background
Edery Herrera brought the action against Refy Beauty Inc. on behalf of himself and all other persons similarly situated. The opinion is an order concerning settlement discussions and the next steps in the case.
The Court’s Order
Within 30 days after service of the summons and complaint, the parties must meet and confer for at least one hour in a good-faith attempt to settle the action. During those discussions, they should consider whether Herrera satisfies the threshold requirement of standing, meaning the legal requirement that a plaintiff have a sufficient personal connection to bring the case. The parties must also discuss whether additional settlement discussions through the court’s mediation program or before a magistrate judge would be productive if they cannot settle on their own.
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 request either referral to mediation or a settlement conference before a magistrate judge, including a preference between those options, or an initial status conference.
Disposition and Significance
Judge Rochon entered the case-management and settlement order. The court did not decide whether Herrera has standing or reach the merits of the action. The opinion does not state whether the parties ultimately settled.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.