Hollis v. The All American Bar on First, Inc.

Background

The court stated that mediation had taken place but had not succeeded. The opinion does not describe the parties’ underlying claims or resolve them.

Order concerning 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 Lehrburger conduct all further proceedings. If all parties consent, they must submit a completed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form within two weeks of the order. The transfer would take effect only if the court approves the form.

If any party does not consent, the parties must file a joint letter within two weeks stating that they do not consent, without identifying the party or parties who declined. The order states that withholding consent will not result in adverse consequences. If the magistrate judge conducts all proceedings after consent, any appeal would go directly to the U.S. Court of Appeals for the Second Circuit.

Other reminder and disposition

The court reminded the parties that, in most cases, settlements of claims under the Fair Labor Standards Act require court approval. The order is a case-management directive about possible consent to magistrate-judge jurisdiction; it does not grant or deny a merits motion and does not resolve the underlying dispute.