Villalva Estrada v. 1569 Lex LLC
- Ronnie Abrams
- 1:20-cv-04534
- U.S. District Court · Southern District of New York
- 4
In Villalva Estrada v. 1569 Lex LLC, Judge Abrams ordered the parties to discuss consenting to Magistrate Judge Gorenstein handling the case, without deciding its merits.
The parties to the case were required to discuss consenting to all further proceedings before Magistrate Judge Gorenstein and, within two weeks, either submit a consent form if all agreed or file a joint non-consent letter if any party declined.
What happened
In Villalva Estrada v. 1569 Lex LLC, the parties reported that mediation had been unsuccessful. The case was to be referred to Magistrate Judge Gorenstein for general pretrial matters.
The court ordered the parties to discuss whether they would voluntarily allow Judge Gorenstein to handle all further proceedings. If they consented, they had two weeks to file the completed consent form; if any party declined, the parties had to file a joint letter without identifying who declined. The court stated that declining consent would not lead to adverse consequences.
Judge Abrams did not decide the underlying claims or enter judgment. The court also reminded the parties that settlements of most claims under the Fair Labor Standards Act generally require court approval.
The detailed version
- Villalva Estrada v. 1569 Lex LLC · No. 1:20-cv-04534
- Ronnie Abrams
- Nov. 13, 2020
Background
The court stated that the parties had reported unsuccessful mediation. It also stated that, by a separate order, the case would be referred to Magistrate Judge Gorenstein for general pretrial matters.
Order Regarding Magistrate-Judge Consent
To conserve resources, promote efficiency, and seek a faster resolution, the court ordered the parties to discuss consenting under 28 U.S.C. § 636(c) to having Magistrate Judge Gorenstein conduct all further proceedings. Consent would be voluntary and would allow the magistrate judge to conduct all proceedings, including trial, and enter final judgment.
If all parties consented, they were required to submit a completed 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, further proceedings would occur before Judge Gorenstein rather than before the district judge, and any appeal would go directly to the U.S. 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 result in 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 address the merits of the claims, grant or deny a merits motion, or enter judgment. Judge Abrams ordered the parties to follow the consent or non-consent filing procedures described in the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.