Fye v. Baez Hughes Development Corp.

Background

The parties notified the court that mediation had been unsuccessful. The court issued this case-management order to promote efficiency and seek a faster resolution.

Order concerning magistrate-judge consent

The court ordered the parties to discuss whether they would voluntarily consent under 28 U.S.C. § 636(c) to having Magistrate Judge Stein conduct all further proceedings, including any trial and entry of final judgment. If all parties consent, they must submit a fully completed consent form within two weeks of the order. If the court approves the form, Magistrate Judge Stein—not the district judge—will conduct the remaining proceedings. Any appeal would go directly to the U.S. 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 identifying the party or parties who withheld consent. The order states that withholding consent will not result in adverse consequences. The parties must also state whether they want a settlement conference before Magistrate Judge Stein.

Other reminder and disposition

The court reminded the parties that settlements of claims under the Fair Labor Standards Act generally must be approved by the court. Judge Jennifer L. Rochon did not rule on the merits of the claims and did not grant or deny a dispositive motion. The order addressed only possible referral to a magistrate judge and settlement procedures.