Trippett v. Freestyle Snacking LLC

Order

The court ordered Alfred Trippett and Freestyle Snacking LLC to meet and confer for at least one hour within 30 days after service of the summons and complaint. The parties must make a good-faith effort to settle the action.

Issues the Parties Must Discuss

As part of their discussions, the parties must consider whether Trippett has satisfied the threshold requirement of standing, meaning the basic requirement that a plaintiff be entitled to bring the case in federal court. The court cited Calcano v. Swarovski N. Am. Ltd. and Harty v. W. Point Realty, Inc. in connection with that issue. The parties 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—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, with the parties indicating their preference, or to proceed with an initial status conference.

What the Court Did Not Decide

The order did not decide whether Trippett has standing, whether either party is entitled to judgment, or the merits of the action. Judge Jennifer L. Rochon issued the settlement and case-management requirements.