Brown v. Quality A Plus Dry Cleaner Inc. and 200 2 Ave LLC

Nature of the Order

This is a case-management and settlement order. The court did not rule on the underlying claims, Plaintiff’s standing, or any motion to dismiss. The opinion does not identify the claims asserted in the complaint.

Settlement Discussions

The court ordered the parties to meet and confer for at least one hour in a good-faith effort to settle the action. The meeting must occur within 30 days after service of the summons and complaint on each Defendant. The parties must consider whether Plaintiff has satisfied the threshold requirement of standing. If they cannot settle the case themselves, they must also discuss whether further settlement discussions through the district’s court-annexed mediation program or before a magistrate judge would be productive at that time.

Joint Letter and Next Steps

Within 15 additional days—45 days after service of the summons and complaint—the parties must submit a joint letter telling the court whether they settled. If they did not settle, the letter must request either referral to mediation or a settlement conference before a magistrate judge, with a preference between those options, or an initial status conference. The letter must also state whether Defendants intend to answer or move to dismiss the complaint. If Defendants anticipate moving to dismiss, they must briefly state the basis for that anticipated motion in no more than one paragraph.

Response Deadline and Notice Requirements

The deadline for Defendants to answer or otherwise respond to the complaint is stayed pending submission of the joint letter. After the letter is filed, the court will set a deadline for Defendants to answer or a briefing schedule for a motion to dismiss.

Counsel who had appeared when the order was issued must promptly serve the order and Judge Garnett’s Individual Rules and Practices on counsel for parties who had not appeared. If counsel do not know the identity of another party’s counsel, they must send the materials directly to that party. Counsel must file proof of the notice with the court.

Disposition

Judge Margaret M. Garnett ordered the settlement and reporting procedures, stayed Defendants’ response deadline pending the joint letter, and deferred further scheduling until that letter is filed. The order did not dismiss the case or decide its merits.