Shkreta v. Colonnade Management Corporation

Background

The court stated that mediation had been unsuccessful. The order does not describe the underlying claims or decide which side is legally correct.

Referral and Consent

The court stated that, by a separate order, the case would be referred to Magistrate Judge Fox for general pretrial matters. It ordered the parties to discuss whether they would voluntarily consent under 28 U.S.C. § 636(c) to having Judge Fox conduct all further proceedings, including any trial and entry of final judgment.

If all parties consented, they were required to submit a fully executed consent and reference form within two weeks of the order. If any party did not consent, the parties were required to file a joint letter within the same period stating that they did not consent, without identifying the party or parties who declined. The order stated that withholding consent would not lead to adverse consequences. If the court approved the consent form, further proceedings would occur before Judge Fox, and any appeal would go directly to the United States Court of Appeals for the Second Circuit.

Additional Reminder and Disposition

Judge Ronnie Abrams also reminded the parties that, in most cases, settlements of claims under the Fair Labor Standards Act require court approval. The order was a case-management and referral order; it did not grant or deny a motion, dismiss any claim, or resolve the merits.