Tecuapacho v. Haru Inc.

Background

The court was notified that mediation had been unsuccessful. The plaintiffs are Juan Tecuapacho and Alfredo Texis, each suing on behalf of himself and others similarly situated. The defendants are Haru Inc., doing business as Takahachi; Natsui Inc., doing business as Takahachi; and Hiroyuki Takahashi.

Order

To conserve resources, promote judicial 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 Magistrate Judge Parker conduct all further proceedings.

If both sides consented, they had to submit a fully executed notice, consent, and reference form within two weeks of the order. If the court approved the form, Magistrate Judge Parker would conduct all further proceedings instead of the district court. Any appeal would go directly to the U.S. 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 revealing which party or parties withheld consent. The order stated that withholding consent would not result in adverse consequences.

Additional 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. The order addressed case administration and consent to magistrate-judge jurisdiction; it did not resolve the parties’ underlying claims or defenses.