Tacuri v. Saggio Restaurant Inc.
- Ronnie Abrams
- 1:20-cv-05219
- U.S. District Court · Southern District of New York
- 2
In Tacuri v. Saggio Restaurant, Judge Abrams ordered the parties to discuss magistrate-judge consent after unsuccessful mediation and set a January 13, 2021 deadline.
The parties to Tacuri v. Saggio Restaurant Inc., who were required to discuss consent to magistrate-judge proceedings and meet the January 13, 2021 filing deadline.
What happened
Tacuri v. Saggio Restaurant Inc. involved mediation that, according to the mediator’s report, did not succeed.
The court ordered the parties to discuss whether they would agree to have all remaining proceedings handled by Magistrate Judge Moses. If they agreed, they had to submit a completed consent form by January 13, 2021; if any party did not agree, they had to file a joint letter without identifying who withheld consent.
Judge Ronnie Abrams also stated that no negative consequences would result from withholding consent and reminded the parties that most settlements of claims under the Fair Labor Standards Act require court approval. The order did not decide the merits of the case.
The detailed version
- Tacuri v. Saggio Restaurant Inc. · No. 1:20-cv-05219
- Ronnie Abrams
- Dec. 29, 2020
Background
The court stated that the Final Report of Mediator #4 showed that mediation had been unsuccessful.
Order
To conserve resources, promote efficiency, and seek a faster resolution, the court ordered the parties to discuss whether they would consent under 28 U.S.C. § 636(c) to having all further proceedings conducted by Magistrate Judge Moses. If both sides consented, they had to submit a fully completed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form by January 13, 2021. If the court approved the form, future proceedings would occur before Judge Moses 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 had to file a joint letter by January 13, 2021, stating that they did not consent without identifying the party or parties who withheld consent. The court stated that withholding consent would not lead to adverse consequences. The court also reminded the parties that, in most cases, settlements of claims under the Fair Labor Standards Act require court approval.
Disposition
Judge Ronnie Abrams entered this case-management order concerning possible consent to proceed before a magistrate judge. The order did not resolve the parties’ underlying claims or address their merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.