Martinez v. Felipe's Pizza and Restaurant, Inc.

Background

Fortino Martinez brought this case on behalf of himself and others similarly situated against Felipe’s Pizza and Restaurant, Inc., doing business as Frank’s Trattoria, Hortensia Pino, and Felipe Pino. The parties notified the court that mediation was unsuccessful. The court stated that the case would be separately referred to Magistrate Judge Aaron for general pretrial matters.

Order concerning magistrate-judge consent

To conserve resources, promote efficiency, and seek a faster resolution, the court ordered the parties to discuss whether they would consent under 28 U.S.C. § 636(c) to having Magistrate Judge Aaron conduct all further proceedings. If all parties consented, they had to submit a fully completed consent form within two weeks of the order’s date. If the court approved the form, Judge Aaron would conduct all further proceedings instead of the district court judge, and any appeal would go directly to the U.S. Court of Appeals for the Second Circuit.

If any party did not consent, the parties had to file a joint letter within two weeks stating that they did not consent, without identifying the party or parties who withheld consent. The court stated that withholding consent would not result in adverse consequences.

Other reminder

The court reminded the parties that settlements of claims under the Fair Labor Standards Act generally require court approval, citing a Second Circuit decision.

Disposition and significance

Judge Ronnie Abrams entered a case-management order concerning referral and consent to magistrate-judge authority. The order did not resolve the parties’ underlying claims or rule on the merits of the case.