McCormick v. Kohl’s Corporation
Grace McCormick, on behalf of himself and all others similarly situated v. Kohl’s Corporation
- Tarnofsky
- 1:25-cv-08531
- U.S. District Court · Southern District of New York
- 1
In Grace McCormick v. Kohl’s Corporation, Judge Tarnofsky ordered settlement discussions and a joint status letter without deciding the case’s merits.
Grace McCormick and Kohl’s Corporation, who must comply with the ordered settlement discussions and joint-letter deadlines.
What happened
Grace McCormick sued Kohl’s Corporation on behalf of himself and others similarly situated. The order does not decide whether the lawsuit is legally valid or whether either side should win.
The court ordered both sides to meet for at least one hour within 21 days after service of the summons and complaint and to make a good-faith effort to settle. They must discuss whether McCormick meets the requirement of having a valid legal interest in bringing the case, and whether mediation or a settlement conference would help if they cannot settle themselves.
Within 28 days after service, the parties must submit a joint letter stating whether they settled. If they did not, they must ask Judge Robyn F. Tarnofsky either to refer the case to mediation, schedule a settlement conference, or hold an initial case-management conference.
The detailed version
- McCormick v. Kohl’s Corporation · No. 1:25-cv-08531
- Tarnofsky
- Oct. 20, 2025
Order
Judge Robyn F. Tarnofsky ordered Grace McCormick and Kohl’s Corporation to meet and confer for at least one hour within 21 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
The parties must discuss whether McCormick has satisfied the threshold requirement of standing, meaning a sufficient legal interest to bring the lawsuit. The order cites Second Circuit decisions concerning standing but does not decide whether McCormick has standing.
If the parties cannot settle on their own, they must also discuss whether additional settlement efforts through the court’s mediation program or a settlement conference before Judge Tarnofsky would be productive at that time.
Required Joint Letter
Within 28 days after service of the summons and complaint, the parties must submit a joint letter informing the court whether they settled. If they did not settle, the letter must request one of three next steps: referral to mediation, a settlement-conference date, or an initial case-management conference.
What the Order Decides
This is a case-management and settlement order. It does not resolve the merits of McCormick’s claims, decide the standing issue, determine whether the case may proceed as a class action, or enter judgment for either party.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.