Polanco v. Marjan International Corp.
- Ronnie Abrams
- 1:19-cv-08742
- U.S. District Court · Southern District of New York
- 4
In Polanco v. Marjan International Corp., Judge Abrams ordered discussion of consent to magistrate-judge proceedings after mediation failed.
The order affected plaintiffs Julio Cesar Polanco and Manual Elias Cruz, defendants Marjan International Corp. and Morad Ghadamian, and their counsel by requiring them to address consent to proceedings before Magistrate Judge Fox.
What happened
Polanco v. Marjan International Corp. is a case involving Julio Cesar Polanco and Manual Elias Cruz as plaintiffs and Marjan International Corp. and Morad Ghadamian as defendants. The court said mediation had been unsuccessful.
The court stated that the case would be referred to Magistrate Judge Fox for general pretrial matters. It ordered the parties to discuss whether they would voluntarily agree to let Judge Fox conduct all further proceedings.
Judge Abrams ordered the parties either to submit a signed consent form within two weeks or to file a joint letter stating that they did not consent, without identifying the objecting party. The order also reminded the parties that settlements of most claims under the Fair Labor Standards Act must be approved by the court.
The detailed version
- Polanco v. Marjan International Corp. · No. 1:19-cv-08742
- Ronnie Abrams
- Jan. 21, 2020
Background
The court was notified that mediation had been unsuccessful. The opinion states that the case would be referred separately to Magistrate Judge Fox for general pretrial matters.
Order Regarding Magistrate-Judge Consent
To conserve resources, promote efficiency, and seek a faster disposition, the court ordered the parties to discuss whether they would consent under 28 U.S.C. § 636(c) to having Judge Fox conduct all further proceedings. The order explained that consent would be voluntary and that no adverse consequences would result from withholding it.
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 Fox would conduct all further proceedings, and any appeal 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 identifying the party or parties who withheld consent.
Additional Reminder and Disposition
The order reminded the parties that settlements of claims under the Fair Labor Standards Act generally require court approval, citing Cheeks v. Freeport Pancake House, Inc. The court did not decide the merits of the parties' claims or enter a ruling on settlement. Judge Abrams issued the procedural order concerning consent and the case's pretrial referral.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.