Isaza v. COUNTER & BODEGA INC. and SOPHIE SERRANO
- Ronnie Abrams
- 1:25-cv-02831
- U.S. District Court · Southern District of New York
- 5
In Isaza v. Counter & Bodega, Judge Abrams ordered discussions about consenting to magistrate-judge proceedings after mediation failed, without deciding the dispute’s merits.
The plaintiffs, Luz Isaza and Raydel Paredes, and the defendants, Counter & Bodega Inc. and Sophie Serrano, were required to discuss and report whether they consented to having Magistrate Judge Lehrburger conduct all further proceedings.
What happened
In Isaza v. Counter & Bodega Inc., mediation was unsuccessful. The opinion does not describe the parties’ underlying claims or the facts of their dispute.
Judge Abrams referred the case to Magistrate Judge Lehrburger for general pretrial matters and ordered the parties to discuss whether they would voluntarily consent to having Judge Lehrburger conduct all further proceedings. The parties had two weeks to submit a consent form if everyone agreed, or to file a joint letter saying they did not consent without identifying who withheld consent.
The order did not decide the merits of the case. It also stated that withholding consent would have no adverse consequences and reminded the parties that most settlements of claims under the Fair Labor Standards Act must be approved by the court. Judge Ronnie Abrams issued the order.
The detailed version
- Isaza v. COUNTER & BODEGA INC. and SOPHIE SERRANO · No. 1:25-cv-02831
- Ronnie Abrams
- Oct. 31, 2025
Background
The court reported that mediation had been unsuccessful. The opinion does not provide the underlying facts, claims, or defenses.
Referral and Consent Request
By a separate order, the case would be referred to Magistrate Judge Lehrburger for general pretrial matters. The court ordered the parties to discuss whether they would consent under 28 U.S.C. § 636(c) to having Judge Lehrburger conduct all further proceedings, including any trial and entry of final judgment.
If all parties consented, they were required to submit a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form within two weeks of the order’s date. If the court approved the form, further proceedings would be conducted before Judge Lehrburger rather than Judge Abrams. Any appeal would go directly to the United States Court of Appeals for the Second Circuit.
If any party did not consent, the parties were required to file a joint letter within two weeks stating that they did not consent, without identifying the party or parties who withheld consent. The order expressly stated that withholding consent would not result in adverse consequences.
Additional Reminder
The court reminded the parties that, in most cases, settlements of claims under the Fair Labor Standards Act require court approval. The order cited Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015).
Disposition
This was a procedural case-management order. It did not resolve the parties’ underlying dispute or rule on any claim or defense.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.