Baez v. Pizza On Stone LLC

Background

The court stated that mediation had been unsuccessful. The opinion does not resolve the parties’ underlying claims.

Order Regarding a Magistrate Judge

To conserve resources, promote efficiency, and seek a faster resolution, the court ordered the parties to discuss whether they would voluntarily consent under 28 U.S.C. § 636(c) to having Magistrate Judge Willis conduct all further proceedings. If all parties consented, they were required to submit a completed consent-and-reference form within two weeks of the order. If the court approved the form, Magistrate Judge Willis would conduct the remaining proceedings instead of the district court.

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 revealing which party or parties withheld consent. The order stated that withholding consent would not cause adverse consequences. It also stated that any appeal from proceedings conducted by consent would go directly to the United States Court of Appeals for the Second Circuit.

Additional Reminder

The court reminded the parties that, in most cases, settlements of claims under the Fair Labor Standards Act must be approved by the court.

Disposition

Judge Ronnie Abrams entered a case-management order requiring the parties to discuss consent to proceedings before Magistrate Judge Willis and to report their position within two weeks. The order did not grant or deny a merits motion and did not decide the underlying claims.