Fernandez v. Fabrictech2000, LLC
- Rochon
- 1:25-cv-02641
- U.S. District Court · Southern District of New York
- 2
In Fernandez v. Fabritech 2000, LLC, Judge Rochon ordered the parties to meet about settlement and standing, then report whether settlement or further court involvement was appropriate.
The plaintiff, the defendant, and any proposed class members are affected by the court’s required settlement discussions, joint status letter, and possible referral to mediation or a magistrate judge.
What happened
Felipe Fernandez brought this case against Fabritech 2000, LLC, doing business as Purecare, on behalf of himself and others similarly situated. The opinion does not describe the claims.
The court ordered the parties to meet within 30 days after the summons and complaint are served. They must spend at least one hour making a good-faith effort to settle and discuss whether Fernandez has met the legal requirement of standing, meaning a sufficient personal connection to bring the case.
Within 15 more days, the parties must file a joint letter stating whether they settled. Judge Rochon ordered that, if they did not settle, the letter must ask either for mediation or a settlement conference before a magistrate judge, or for an initial status conference.
The detailed version
- Fernandez v. Fabrictech2000, LLC · No. 1:25-cv-02641
- Rochon
- Apr. 1, 2025
Background
Felipe Fernandez filed the action on behalf of himself and all others similarly situated against Fabritech 2000, LLC, doing business as Purecare. The order does not state the substance of the claims or identify the proposed class.
Court’s Orders
The court ordered the parties to meet and confer within 30 days after service of the summons and complaint. The meeting must last at least one hour and be a good-faith attempt to settle the action. During the discussions, the parties must consider whether the plaintiff has satisfied the threshold requirement of standing—the requirement that a plaintiff have a sufficient personal stake or connection to the dispute to invoke the court’s authority.
The parties must also discuss whether additional settlement discussions through the district’s court-annexed mediation program or before a magistrate judge would be productive at that time.
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, and state which option the parties prefer, or to proceed with an initial status conference.
Disposition
Judge Jennifer L. Rochon entered case-management and settlement-related orders. The opinion does not decide the standing issue, the merits of the claims, or whether the case may proceed as a class action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.