Calixto v. Prime Square Restaurant Corp.
- Barbara Moses
- 1:22-cv-02610
- U.S. District Court · Southern District of New York
- 3
In Calixto v. Prime Square Restaurant Corp., Judge Abrams ordered the parties to discuss consenting to Magistrate Judge Moses handling the case after mediation failed.
The plaintiffs and defendants in the case were required to discuss consent to having Magistrate Judge Moses conduct further proceedings and to report their position within two weeks.
What happened
In Calixto v. Prime Square Restaurant Corp., the court reported that mediation had been unsuccessful and separately referred the case to Magistrate Judge Moses for general pretrial matters.
The parties had to discuss whether they would voluntarily allow Judge Moses to conduct all further proceedings. If they agreed, they had two weeks to submit the required consent form; if any party declined, they had to notify the court without identifying who declined.
Judge Ronnie Abrams ordered this process to promote efficiency and stated that refusing consent would not bring adverse consequences. The court also reminded the parties that settlements of most claims under the Fair Labor Standards Act generally require court approval.
The detailed version
- Calixto v. Prime Square Restaurant Corp. · No. 1:22-cv-02610
- Barbara Moses
- Aug. 1, 2022
Background
The court stated that mediation had been unsuccessful. By a separate order, the case was referred to Magistrate Judge Moses for general pretrial matters.
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 Magistrate Judge Moses conduct all further proceedings. That authority would include the rest of the case, and would take effect only if all parties voluntarily consented and the court approved the required form.
If the parties consented, they had to submit a completed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form within two weeks of the order. If any party did not consent, the parties had to submit a joint letter within the same two-week period stating that they did not consent, without identifying the party or parties who withheld consent. The court stated that withholding consent would not result in adverse consequences.
The court also reminded the parties that settlements of claims under the Fair Labor Standards Act generally must be approved by the court. This order did not decide the merits of the parties’ claims. Judge Ronnie Abrams issued the order on August 1, 2022.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.