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S.D.N.Y.Procedural orderFiled Apr. 28, 2022

Alexander v. Almonte

Judge
Andrew Carter
Docket
1:21-cv-11206
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Alexander v. Almonte, Judge Wang set procedures for a possible settlement review but did not decide whether the parties had settled.

Who this affects

The parties in Alexander v. Almonte, because the order set different next steps depending on whether they had settled and whether they consented to Magistrate Judge Wang’s jurisdiction.

What happened

In Alexander v. Almonte, the court learned that the parties may have reached a settlement. The order did not confirm that a settlement had occurred.

If the parties had settled and consented to Magistrate Judge Ona T. Wang’s jurisdiction for all purposes, the May 11, 2022 initial case management conference would become a hearing to review the settlement. If they did not consent, they had to file their settlement materials by May 13, 2022.

If the parties had not settled, the initial case management conference remained scheduled for May 11, 2022. Judge Ona T. Wang issued the order on April 28, 2022; it did not decide the underlying claims.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Alexander v. Almonte · No. 1:21-cv-11206
Judge
Andrew Carter
Date
Apr. 28, 2022

Background

The court stated that it had learned the parties may have reached a settlement. The opinion does not identify the settlement’s terms or confirm that the parties had in fact settled.

Order

The court directed that, assuming the parties had settled, the May 11, 2022 initial case management conference would be converted into a Cheeks hearing if the parties consented to Magistrate Judge Ona T. Wang’s jurisdiction for all purposes. A Cheeks hearing is a court review of certain employment-related settlements. The order cited Cheeks v. Freeport Pancake House, Inc.

If the parties did not consent to Magistrate Judge Wang’s jurisdiction for all purposes, the court directed them to file their Cheeks submission by Friday, May 13, 2022. If the parties had not settled, the initial case management conference remained scheduled for May 11, 2022.

Disposition and Effect

This was a procedural scheduling order. It did not approve or reject a settlement, determine whether a settlement existed, or decide the underlying claims. The order was signed by Ona T. Wang, United States Magistrate Judge, and dated April 28, 2022.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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