Martins de Melo v. John L. Loeb, Jr. Associates, Inc.
- John Cronan
- 1:19-cv-08872
- U.S. District Court · Southern District of New York
- 4
In Martins de Melo v. Loeb, Judge Abrams ordered the parties to discuss consenting to a magistrate judge while ruling on no claims.
The plaintiffs, Domingos S. Martins de Melo and Nuviana Lebowitz, and defendant John L. Loeb, Jr. Associates, Inc., were required to discuss whether to consent to Magistrate Judge Wang’s authority over all further proceedings. The order stated that withholding consent would not cause adverse consequences.
What happened
In Martins de Melo v. John L. Loeb, Jr. Associates, Inc., the parties told the court that mediation had failed. The court also said the case would be referred separately to Magistrate Judge Wang for general pretrial matters.
Judge Abrams ordered the parties to discuss whether they would voluntarily allow Judge Wang to handle all further proceedings. If all parties consented, they had two weeks to file the required form; otherwise, they had to notify the court without identifying anyone who withheld consent.
Judge Ronnie Abrams issued this case-management order on July 8, 2020. The order did not decide the parties’ underlying claims, and it stated that withholding consent would not lead to adverse consequences.
The detailed version
- Martins de Melo v. John L. Loeb, Jr. Associates, Inc. · No. 1:19-cv-08872
- John Cronan
- July 8, 2020
Background
Domingos S. Martins de Melo and Nuviana Lebowitz sued John L. Loeb, Jr. Associates, Inc., doing business as John L. Loeb Jr., individually and on behalf of other similarly situated employees. The parties informed the court that mediation had been unsuccessful.
Order concerning Magistrate Judge Wang
The court stated that the case would be referred by a separate order to Magistrate Judge Wang for general pretrial matters. To conserve resources and promote a faster resolution, the court ordered the parties to discuss whether they would consent under 28 U.S.C. § 636(c) to having Judge Wang conduct all further proceedings.
If all parties consented, they were required to submit a completed consent-and-reference form within two weeks of the order’s date. If the court approved the form, Judge Wang would conduct all further proceedings instead of the district court judge, 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 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 expressly stated that withholding consent would not have adverse consequences.
Other reminder and disposition
The court reminded the parties that settlements of claims under the Fair Labor Standards Act generally must be approved by the court. The order did not decide the underlying claims, rule on a motion, or enter judgment. Judge Ronnie Abrams issued the order, which was dated July 8, 2020.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.