Li v. U.S. Jewelry House, Ltd.

Background

The plaintiffs are Cheung Shan Li, Stalin Pizarro, and Paola Pizarro. The defendants are U.S. Jewelry House, Ltd., Pinky World Inc., and Woi Yung Choi. The court stated that mediation had been unsuccessful.

Referral and Consent Request

The court stated that, by a separate order, the case would be referred to Magistrate Judge Moses for general pretrial matters. It ordered the parties to discuss whether they would consent under 28 U.S.C. § 636(c) to having Judge Moses conduct all further proceedings.

If all parties consented, they were required to submit a fully executed consent form within two weeks of the order's date. If the court approved the form, Judge Moses would conduct all further proceedings instead of the district court judge. Any appeal from a final decision in that arrangement 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 revealing the identity of the party or parties withholding consent. The order stated that withholding consent would not result in adverse consequences.

Other Reminder and Effect

The court reminded the parties that settlements of claims under the Fair Labor Standards Act generally must be approved by the court, citing Cheeks v. Freeport Pancake House, Inc. The order did not decide the merits of the parties' claims, resolve a motion, or enter judgment. Judge Ronnie Abrams issued the order.