Chuchuca v. Fitzcon Construction G.C. Inc.

Background

The plaintiffs sued Fitzcon Construction G.C. Inc., Fitzcon Construction/Ren Corp, Esco Hirf Co. Inc., Ronan Fitzpatrick, Cornelius O’Sullivan, and John Does #1-10. The opinion states that mediation was unsuccessful. It does not resolve the parties’ underlying claims.

Order concerning a magistrate judge

To conserve resources, promote judicial 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 Cott conduct all further proceedings.

If all parties consented, they were required to submit a fully signed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form within two weeks of the order. If the court approved the form, Magistrate Judge Cott would conduct all further proceedings instead of Judge Abrams. 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. The court stated that withholding consent would not have adverse consequences.

Other reminder and effect

Judge Abrams reminded the parties that settlements of claims under the Fair Labor Standards Act generally must be approved by the court. The order was procedural: it addressed mediation, possible consent to magistrate-judge jurisdiction, and settlement administration. It did not grant or deny a motion, decide liability, or resolve the underlying claims.