Alexander Gomez v. Radio Wave LLC
- Garnett
- 1:25-cv-02430
- U.S. District Court · Southern District of New York
- 2
In Alexander Gomez v. Radio Wave LLC, Judge Garnett ordered settlement talks, stayed defendants’ response deadline, and required a joint status letter.
Alexander Gomez, Radio Wave LLC, the other defendants identified in the caption, and their counsel. The parties must participate in settlement discussions and file a joint letter, while Defendants’ deadline to answer or otherwise respond is paused.
What happened
In Alexander Gomez v. Radio Wave LLC, the court ordered the parties to try to settle the case soon after the defendants are served with the summons and complaint. They must meet for at least one hour within 30 days and discuss whether Alexander Gomez has established the required legal connection to bring the case.
If the parties cannot settle, they must discuss whether court-connected mediation or a settlement conference before a magistrate judge would help. Within 45 days of service, they must file a joint letter reporting whether they settled and, if not, asking either for settlement assistance or an initial status conference.
Judge Margaret M. Garnett also paused the defendants’ deadline to answer or otherwise respond to the complaint. The court did not decide the standing issue or the merits of the case; it will set the next deadline after receiving the joint letter.
The detailed version
- Alexander Gomez v. Radio Wave LLC · No. 1:25-cv-02430
- Garnett
- Mar. 27, 2025
Order
The court ordered the parties to meet and confer—that is, discuss the case directly—in a good-faith effort to settle. The meeting must last at least one hour and must occur within 30 days after each defendant is served with the summons and complaint. The parties were directed to consider whether Plaintiff has satisfied the threshold requirement of standing, meaning whether he has the legally required basis to bring the case.
If the parties cannot settle on their own, they must also discuss whether additional settlement discussions through the court’s mediation program or before a magistrate judge would be productive.
Required Joint Letter
Within 15 additional days, or within 45 days after service of the summons and complaint, the parties must submit a joint letter stating whether the case has settled. If it has not, the letter must request either referral to mediation or a magistrate judge for a settlement conference, with a preference between those options, or an initial status conference. The letter must also state whether Defendants intend to answer the complaint or move to dismiss it. If Defendants anticipate moving to dismiss, they must briefly state the basis for that anticipated motion in no more than one paragraph.
Effect on Defendants’ Response Deadline
The deadline for Defendants to answer or otherwise respond to the complaint is stayed, meaning paused, until the joint letter is submitted. After the letter is filed, the court will set either a deadline for an answer or a schedule for briefing a motion to dismiss.
Counsel’s Notice Duties
Counsel who had appeared by the date of the order 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 with the court. If counsel does not know another party’s counsel, the order must be sent directly to that party.
Disposition and Scope
This is a case-management and settlement order. It does not decide standing, any anticipated motion to dismiss, or the merits of Alexander Gomez’s claims. The court ordered the settlement process and related filing requirements and stayed Defendants’ response deadline pending the joint letter.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.