Mayahua Cuahua v. Living Thai Corp

Background

The plaintiffs are Gaspar Mayahua Cuahua and Javier Zopiyactle Cuahua, each suing individually and on behalf of others similarly situated. The opinion states that the parties informed the court that mediation was unsuccessful.

Order

The court stated that the case would be referred by separate order to Magistrate Judge Parker for general pretrial matters. To promote efficiency and 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 all parties consented, they were required to submit a fully executed consent and reference form within two weeks of the order. If the court approved the form, Judge Parker would conduct all further proceedings, including any trial and entry of final judgment. The court stated that 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 within two weeks to file a joint letter stating that they did not consent, without identifying the party or parties who withheld consent. The court stated that withholding consent would not result in adverse consequences.

Additional Reminder and Disposition

The court reminded the parties that most settlements of claims under the Fair Labor Standards Act require court approval. The order did not rule on the merits of the plaintiffs’ claims or defendants’ defenses. Judge Ronnie Abrams therefore entered a case-management order concerning magistrate-judge consent and pretrial handling, rather than a merits decision.