Tyson v. Green Dot Corporation
- Rochon
- 1:22-cv-02050
- U.S. District Court · Southern District of New York
- 3
In Tyson v. Green Dot Corporation, Judge Rochon denied Green Dot’s dismissal motion as moot and ordered mediation and pretrial steps.
Sheila Tyson, Green Dot Corporation, Green Dot Bank, and their counsel were affected by the denial of the motion as moot, the mediation referral, and the required pretrial procedures.
What happened
In Tyson v. Green Dot Corporation, Sheila Tyson filed an amended complaint, and the defendants filed an answer. The opinion does not describe the underlying claims or defenses.
The court denied the defendant’s motion to dismiss as moot. It also referred the case to the Southern District’s court-annexed mediation program and required the parties to address mediation, possible limited discovery, settlement, and case-management matters before the initial pretrial conference scheduled for January 6, 2023.
Judge Jennifer L. Rochon ordered counsel to attend the conference unless excused, file a joint letter and proposed case-management plan, and follow the court’s procedures for any extension or adjournment. The order did not decide the merits of Tyson’s claims.
The detailed version
- Tyson v. Green Dot Corporation · No. 1:22-cv-02050
- Rochon
- Oct. 19, 2022
Background
The caption identifies Sheila Tyson as the plaintiff and Green Dot Corporation and Green Dot Bank as the defendants. The order states that Tyson filed an amended complaint and that the defendant filed an answer. It does not describe the claims, defenses, or facts underlying the dispute.
Ruling on the Motion to Dismiss
In light of the amended complaint and answer, the court denied the defendant’s motion to dismiss, ECF No. 14, as moot. A motion is moot when circumstances mean the court no longer needs to decide it. The order did not rule on the merits of the claims.
Mediation and Pretrial Requirements
The court referred the case, by a separate order, to the Southern District’s court-annexed Mediation Program. Unless the court ordered otherwise, the parties were required to schedule mediation no later than two weeks before the initial pretrial conference. If they believed limited discovery was needed to support mediation, they were required to discuss its scope and promptly bring disputes to the court under Judge Rochon’s rules.
The order scheduled the initial pretrial conference for January 6, 2023, at 11:30 a.m. Counsel were required to attend unless the court granted permission otherwise. The parties also had to confer about settlement and other subjects covered at a case-management conference under Federal Rule of Civil Procedure 16. They were ordered to file a joint letter and proposed Civil Case Management Plan and Scheduling Order no later than seven calendar days before the conference.
The order listed information the joint letter had to address, including the nature of the action and defenses, jurisdiction and venue, deadlines, outstanding motions, completed and needed discovery, settlement discussions, alternative dispute-resolution options, and other information that could help move the case toward settlement or trial. It also described procedures for requesting extensions or adjournments and directed appearing counsel to notify counsel or parties who had not yet appeared. Judge Jennifer L. Rochon signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.