Encarnacion v. City Catering Cafe Inc.

Background

The parties notified the court that mediation had been unsuccessful. The plaintiff is Eustaquio Ascencio Encarnacion, individually and on behalf of others similarly situated. The defendants are City Catering Cafe Inc., doing business as City Catering Cafe, George Jamison, and Leon Moore.

Order

To conserve resources, promote judicial 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 conducting all further proceedings before Magistrate Judge Lehrburger.

If both sides consented, they were required to submit a fully executed consent form through the court’s electronic filing system within two weeks of the order. If the court approved the form, future proceedings would take place before Judge Lehrburger rather than Judge Abrams. Any appeal would go directly to the U.S. Court of Appeals for the Second Circuit. 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 identifying the party or parties who withheld consent. The order stated that withholding consent would not have adverse consequences.

Other Reminder and Effect

The court reminded the parties that settlements of claims under the Fair Labor Standards Act generally require court approval. The order addressed judicial assignment and settlement procedure; it did not decide the merits of the claims or enter a judgment on them.