Saada v. Jacquemus L'amerique, LLC

Background

The parties notified the court that mediation was unsuccessful. The opinion does not describe the underlying claims or resolve the parties' dispute.

Court's Order

To conserve resources, promote judicial efficiency, and seek a faster disposition, the court ordered Samuel Saada and Jacquemus L'amerique, LLC, to discuss whether they would consent under 28 U.S.C. § 636(c) to having Magistrate Judge Netburn conduct all further proceedings. If both parties consented, they were required to submit a fully executed consent-and-reference form within two weeks of the order's date. If the court approved the form, Magistrate Judge Netburn would conduct all further proceedings instead of the district court. An appeal from a final judgment would go directly to the United States Court of Appeals for the Second Circuit.

If either party did not consent to having the magistrate judge conduct all further proceedings, the parties were ordered to consider requesting a settlement conference before the magistrate judge. They also had to file a joint letter within two weeks stating that they did not consent, without revealing which party or parties withheld consent, and stating whether they requested a settlement conference. The order expressly stated that withholding consent would not have adverse consequences.

The court additionally reminded the parties that, in most cases, settlements of claims under the Fair Labor Standards Act require court approval. The opinion cited the Second Circuit's decision in Cheeks v. Freeport Pancake House, Inc.

Disposition and Classification

Judge Jennifer L. Rochon issued an administrative and case-management order directing the parties to discuss magistrate-judge consent and possible settlement-conference procedures. The order did not grant or deny a merits motion and did not decide the underlying claims. The matter is classified as a procedural order.