Antonio Andujar v. Bakers Pizza HK LLC
- Ronnie Abrams
- 1:18-cv-11400-RA
- U.S. District Court · Southern District of New York
- 4
In Shacory Antonio Andujar v. Bakers Pizza HK LLC, Judge Abrams ordered discussion of consent to proceed before Judge Parker after failed mediation.
The parties to the case, who were required to discuss whether to consent to all further proceedings before Judge Parker and to meet the applicable two-week filing deadlines.
What happened
Shacory Antonio Andujar v. Bakers Pizza HK LLC concerns a case in which mediation was unsuccessful. The order also states that the case would be separately referred to Judge Parker for general pretrial matters.
Judge Abrams ordered the parties to discuss whether they would voluntarily agree to have Judge Parker handle all further proceedings. If all parties agreed, they had two weeks to file a completed consent form; otherwise, they had to file a joint letter stating that they did not consent without identifying the withholding party or parties.
The order did not decide the parties’ underlying claims. Judge Ronnie Abrams also reminded the parties that courts generally must approve settlements of claims under the Fair Labor Standards Act.
The detailed version
- Antonio Andujar v. Bakers Pizza HK LLC · No. 1:18-cv-11400-RA
- Ronnie Abrams
- Nov. 19, 2020
Background
The opinion states that mediation was unsuccessful. It also states that, by a separate order, the case would be referred to Judge Parker for general pretrial proceedings.
Order concerning consent
To conserve resources and promote efficiency, the court ordered the parties to discuss whether they would consent under 28 U.S.C. § 636(c) to having Judge Parker conduct all further proceedings. 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, Judge Parker 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 that withheld consent. The order states that withholding consent would have no adverse consequences.
Other reminder and disposition
The court reminded the parties that settlements of claims under the Fair Labor Standards Act generally require court approval. The order did not resolve the underlying claims, rule on a motion, or enter judgment. Judge Ronnie Abrams issued the order on November 19, 2020.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.