Huerta v. Marly Building Supply Corp.
Leonel Flores Huerta, on behalf of himself and all other similarly situated employees v. Marly Building Supply Corp. (Brooklyn), Marly Building Supply Corp., and Kim K. Ma individually
- Rochon
- 1:25-cv-03495
- U.S. District Court · Southern District of New York
- 2
In Leonel Flores Huerta v. Marly Building Supply Corp., Judge Rochon ordered the parties to discuss magistrate-judge consent and possible settlement-conference referral after unsuccessful mediation.
Leonel Flores Huerta and the defendants—Marly Building Supply Corp. (Brooklyn), Marly Building Supply Corp., and Kim K. Ma—must address consent to magistrate-judge proceedings and whether to request a settlement conference.
What happened
In Leonel Flores Huerta v. Marly Building Supply Corp., mediation did not resolve the dispute. The court therefore directed the parties to discuss whether they would consent to having all further proceedings handled by Magistrate Judge Netburn.
If both sides consent, they must submit a completed consent form within two weeks. If either side 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 parties must also say whether they want a settlement conference before Magistrate Judge Netburn.
Judge Jennifer L. Rochon issued the order on November 17, 2025. The order did not decide the underlying claims; it addressed possible reassignment and settlement procedures. The court also reminded the parties that settlements of claims under the Fair Labor Standards Act generally require court approval.
The detailed version
- Huerta v. Marly Building Supply Corp. · No. 1:25-cv-03495
- Rochon
- Nov. 17, 2025
Background
The court stated that mediation had been unsuccessful. To conserve resources, promote efficiency, and seek a faster resolution, the court ordered the parties to discuss consenting under 28 U.S.C. § 636(c) to having all further proceedings conducted by Magistrate Judge Netburn.
Required party actions
If both sides consent, they must submit a fully completed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form within two weeks of the order. If the court approves the form, Magistrate Judge Netburn would conduct all further proceedings. Any appeal would go directly to the United States 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 revealing which party or parties withheld consent. The order states that withholding consent will not result in adverse consequences. The parties must also state whether they request a settlement conference before Magistrate Judge Netburn. The court separately reminded the parties that settlements of claims under the Fair Labor Standards Act generally require court approval.
Disposition and significance
Judge Jennifer L. Rochon entered a case-management order concerning possible magistrate-judge proceedings and a settlement conference. The order did not grant or deny a dispositive motion and did not decide the merits of Leonel Flores Huerta's claims or the defendants' positions. It was a procedural order following unsuccessful mediation.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.