Molina v. Hunts Point Juice Bar & Deli Corp.

Background

The plaintiffs are Alejandro Bautista Molina and Luis Cruz, individually and on behalf of others similarly situated. The defendants are Hunts Point Juice Bar & Deli Corp. (d/b/a Hunts Point Juice Bar & Deli), Armando Gonzalez, and Marcos Flores. The parties notified the court that mediation was unsuccessful.

Order Regarding Magistrate-Judge Consent

To conserve resources, promote judicial efficiency, and seek a faster disposition, the court ordered the parties to discuss whether they would consent under 28 U.S.C. § 636(c) to conducting all further proceedings before Magistrate Judge Aaron.

If both sides consent, they must submit a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form within two weeks of the order. If the court approves the form, Magistrate Judge Aaron would conduct all further proceedings instead of Judge Abrams. Any appeal would go directly to the United States Court of Appeals for the Second Circuit.

If any party does not consent, the parties must file a joint letter within two weeks stating that they do not consent, without disclosing which party or parties withheld consent. The order states that withholding consent will not result in adverse consequences.

Fair Labor Standards Act Settlement Reminder

The court also reminded the parties that settlements of claims under the Fair Labor Standards Act generally must be approved by the court, citing a Second Circuit decision.

Disposition

Judge Ronnie Abrams ordered the parties to discuss consent to proceed before Magistrate Judge Aaron and directed them to file either the consent form or a non-consent joint letter within two weeks. The order did not decide the merits of the parties’ claims.