McCormick v. USA
Grace McCormick, on behalf of herself and all others similarly situated v. Deciem USA, Inc.
- Rochon
- 1:25-cv-07835
- U.S. District Court · Southern District of New York
- 1
In McCormick v. Deciem USA, Inc., Judge Rochon ordered settlement discussions and a joint status letter without deciding the case’s merits.
Grace McCormick and Deciem USA, Inc.; the order also concerns the proposed group of people McCormick seeks to represent.
What happened
Grace McCormick brought this case against Deciem USA, Inc. on behalf of herself and others similarly situated. The order did not decide whether her claims were valid or whether the case could proceed as a class action.
The court ordered the parties to meet for at least one hour within 30 days after the summons and complaint are served and to make a good-faith effort to settle. They must also discuss whether McCormick has met the basic requirement of having standing to sue and whether mediation or a settlement conference with a magistrate judge would help.
Judge Jennifer L. Rochon ordered the parties to file a joint letter within 45 days after service stating whether they settled. If they did not settle, the letter must request mediation or a magistrate-judge settlement conference, or ask the court to schedule an initial status conference.
The detailed version
- McCormick v. USA · No. 1:25-cv-07835
- Rochon
- Sept. 24, 2025
Order
The court ordered Grace McCormick and Deciem USA, Inc. 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.
Standing and Further Settlement Discussions
The parties were directed to consider whether McCormick satisfied the threshold requirement of standing, meaning whether she has a sufficient legal connection to the dispute to bring the case. The order cited Second Circuit decisions concerning standing. If the parties could not settle on their own, they also had to 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, while stating which option the parties prefer, or to proceed with an initial status conference.
Disposition
This is a case-management and settlement order. Judge Jennifer L. Rochon did not resolve standing, the merits of McCormick’s claims, or any issue about whether a class should be certified.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.