Ramirez v. Liberty One Group LLC
- Katherine Failla
- 1:22-cv-05892
- U.S. District Court · Southern District of New York
- 3
In Ramirez v. Liberty One Group LLC, Judge Failla modified pretrial filing requirements and directed counsel to discuss settlement, certification, and case-management issues.
The order affects Ivelisse Ramirez, the FLSA collective plaintiffs, the class, Liberty One Group LLC, Liberty One Brooklyn LLC, and their counsel by requiring pretrial discussions and a joint case-management letter.
What happened
Ramirez v. Liberty One Group LLC involves Ivelisse Ramirez, FLSA collective plaintiffs, and a class against Liberty One Group LLC and Liberty One Brooklyn LLC. The court had scheduled an initial pretrial conference for October 26, 2022.
The court modified the requirements for the parties’ proposed case-management plan and joint letter. Counsel had to confer about settlement, class or collective-action certification, and other topics for the conference, and jointly submit a letter addressing the case, jurisdiction and venue, deadlines, motions, discovery, settlement discussions, and other issues that could help move the case toward settlement or trial.
Judge Katherine Polk Failla issued the order on October 19, 2022. The opinion does not decide the parties’ underlying claims or defenses; it sets information and discussion requirements for managing the case.
The detailed version
- Ramirez v. Liberty One Group LLC · No. 1:22-cv-05892
- Katherine Failla
- Oct. 19, 2022
Background
Ivelisse Ramirez brought this action on behalf of herself, FLSA collective plaintiffs, and the class against Liberty One Group LLC and Liberty One Brooklyn LLC. The court had scheduled an initial pretrial conference for October 26, 2022. Under the notice for that conference, the parties were required to submit a proposed Case Management Plan and a joint letter before the conference.
Order
Because of the nature of the case, the court modified those filing requirements slightly. Counsel were directed to confer before the conference about settlement, class and/or collective-action certification, and the other subjects considered at a conference under Federal Rule of Civil Procedure 16, which concerns pretrial case management.
The parties also had to submit jointly a letter of no more than five pages. The letter had to address:
- The nature of the action, principal defenses, and major legal and factual issues important to resolving the case by trial, settlement, or a dispositive motion;
- Why federal jurisdiction and venue were proper, including required citizenship information if jurisdiction was based on diversity of citizenship;
- Existing deadlines and cutoff dates;
- Outstanding motions and contemplated motions for class or collective-action certification;
- Discovery already completed and discovery needed for meaningful settlement negotiations or mediation;
- The status of settlement discussions; and
- Other information that could help the court advance the case toward settlement or trial, including any dispositive or novel issue.
Effect
The order concerns pretrial case management and does not resolve the underlying claims, defenses, jurisdiction, certification questions, or settlement. Judge Katherine Polk Failla signed the order on October 19, 2022.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.