Aponte v. Taormina

Background

Nancy Aponte and Gabriel Alves Marquez filed the action against Clinton Street Pizza Inc., doing business as Rizzo’s Fine Pizza, Amedeo Orlando, Alexander Lyudmir, and Francesco Taormina. They asserted claims under the Fair Labor Standards Act and other statutes.

Taormina agreed to settle the claims against him. On March 4, 2022, the plaintiffs and Taormina consented to the assigned magistrate judge’s authority under 28 U.S.C. § 636(c). Judge Kimba M. Wood then approved that consent and referred the case to Magistrate Judge Barbara Moses for all proceedings involving the settling parties’ pending joint motion to approve the Fair Labor Standards Act settlement and for entry of a final judgment.

The other defendants—Clinton Street Pizza Inc., Orlando, and Lyudmir—did not consent to the magistrate judge’s authority. Clinton Street Pizza Inc. and Orlando could not consent at that time because they were in default.

Reason for Severing the Claims

The court explained that a magistrate judge may conduct all proceedings and enter judgment only when all parties provide clear and unanimous consent. Because the three other defendants had not consented, Judge Moses could not exercise full authority over claims against them.

Order

Under Federal Rule of Civil Procedure 21, the court severed the plaintiffs’ claims against Clinton Street Pizza Inc., Amedeo Orlando, and Alexander Lyudmir from the claims against Francesco Taormina. The Clerk of Court was directed to reassign the claims against the three nonconsenting defendants to Judge Kimba M. Wood under a new docket number. The claims against Taormina remained before Judge Moses under the existing docket number.

Judge Moses’s order addressed the separation and reassignment of the claims. The opinion does not itself state that the settlement was approved or that final judgment was entered.