Pena v. Top Concourse Electronics, inc
- James Cott
- 1:20-cv-01015
- U.S. District Court · Southern District of New York
- 2
In Pena v. Top Concourse Electronics, Judge Cott stayed discovery after a reported settlement and ordered papers seeking court approval.
The order affects Edwin Jesus Pena, Top Concourse Electronics, Inc., and David Zandi by staying discovery deadlines and requiring them to submit settlement papers for court approval.
What happened
In Pena v. Top Concourse Electronics, Inc., the parties participated in court-sponsored mediation and reported reaching a settlement in principle.
The court stayed all discovery deadlines and ordered the parties to file a joint request and settlement agreement by October 22, 2020. The request must explain why the proposed settlement is fair, reasonable, and consistent with applicable Second Circuit requirements.
Judge James L. Cott stated that he could review the settlement only if the parties consented to his authority under federal law. Without that consent, the parties must submit the settlement papers to the assigned district judge.
The detailed version
- Pena v. Top Concourse Electronics, inc · No. 1:20-cv-01015
- James Cott
- Sept. 22, 2020
Background
The parties participated in a mediation through the court's Mediation Program. The mediator reported that the parties had reached a settlement in principle. The opinion does not describe the underlying claims or the settlement's terms.
Orders
Because of the reported settlement, the court stayed all discovery deadlines. The parties were ordered to file a joint letter motion and their settlement agreement by October 22, 2020, seeking court approval. Their filing must explain why the proposed settlement is fair and reasonable and otherwise complies with the Second Circuit's decision in Cheeks v. Freeport Pancake House, Inc.
The parties could ask Judge James L. Cott to review the settlement by filing a consent form under 28 U.S.C. § 636(c) by October 22, together with their settlement papers. If they did not consent to his authority, they were directed to submit the settlement papers to Judge Engelmayer, the assigned district judge. The order did not approve the settlement itself.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.