Xing v. Aji Sushi Inc.
- Ronnie Abrams
- 1:19-cv-06357
- U.S. District Court · Southern District of New York
- 4
In Xing v. Aji Sushi, Judge Abrams ordered the parties to discuss consenting to Magistrate Judge Wang handling all further proceedings.
The parties in Xing v. Aji Sushi Inc.—Zhengjie Xing, Aji Sushi Inc. doing business as Yo Sushi, and Wang Zhou—were required to discuss whether to consent to Magistrate Judge Wang conducting all further proceedings and to meet the stated two-week filing deadlines.
What happened
In Xing v. Aji Sushi Inc., the court said mediation had been unsuccessful and that the case would be referred to Magistrate Judge Wang for general pretrial matters.
The court ordered the parties to discuss whether they would voluntarily consent to having Judge Wang handle all remaining proceedings. If both agreed, they had two weeks to file a signed consent form; if either did not agree, they had to notify the court without identifying the objecting party. The court said there would be no adverse consequences for withholding consent.
Judge Abrams also reminded the parties that settlements under the Fair Labor Standards Act generally require court approval. This order did not decide the underlying claims.
The detailed version
- Xing v. Aji Sushi Inc. · No. 1:19-cv-06357
- Ronnie Abrams
- Jan. 9, 2020
Background
The court stated that mediation had been unsuccessful. It also stated that, by a separate order, the case would be referred to Magistrate Judge Wang 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 Wang conduct all further proceedings. If both parties consented, they were required to submit a fully signed consent and reference form within two weeks of the order. If the court approved the form, Judge Wang would conduct all further proceedings, including any trial and entry of final judgment. Any appeal would go directly to the U.S. 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 court expressly stated that withholding consent would have no adverse consequences.
Fair Labor Standards Act reminder
The court reminded the parties that, in most cases, settlements of claims under the Fair Labor Standards Act require court approval, citing a Second Circuit decision. The order did not resolve the merits of any claim or motion.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.