Adam v. Bloomberg L.P.
- Rochon
- 1:21-cv-04775
- U.S. District Court · Southern District of New York
- 2
In Adam v. Bloomberg L.P., Judge Rochon lifted the stay and set briefing while directing discussions about consent to a magistrate judge.
Amber Adam, the other plaintiffs she seeks to represent, and Bloomberg L.P. must follow the briefing schedule and discuss consent to proceedings before Magistrate Judge Cott; any nonconsenting party may withhold consent without adverse consequences.
What happened
Adam v. Bloomberg L.P. had been paused while the parties pursued private mediation. The parties told the court that mediation was unsuccessful.
The court lifted the pause and required the parties to follow the existing briefing schedule. It also ordered them to discuss whether they would agree to have all further proceedings handled by Magistrate Judge Cott. If a party did not agree, the parties had to report that decision without identifying the nonconsenting party and say whether they wanted a settlement conference.
Judge Jennifer L. Rochon issued this case-management order on October 21, 2022. The order did not decide the parties’ underlying claims; it also reminded them that settlements of most claims under the Fair Labor Standards Act generally require court approval.
The detailed version
- Adam v. Bloomberg L.P. · No. 1:21-cv-04775
- Rochon
- Oct. 21, 2022
Background
Judge Edgardo Ramos had stayed the case on September 8, 2021, while Amber Adam and Bloomberg L.P. pursued private mediation. The parties later notified the court that the mediation had been unsuccessful.
Court’s Orders
Judge Rochon lifted the stay and directed the parties to provide briefing according to the schedule in an earlier court filing.
The court also ordered the parties to discuss whether they would consent under 28 U.S.C. § 636(c) to conducting all further proceedings before Magistrate Judge Cott. If both parties consented, they were required to submit a completed consent-and-reference form within two weeks of the order. If the court approved the form, Magistrate Judge Cott would conduct the remaining proceedings. Any appeal would go directly to the U.S. Court of Appeals for the Second Circuit.
If either party did not consent, the parties had to file a joint letter within two weeks stating that they did not consent, without identifying the party or parties withholding consent. The order stated that withholding consent would not lead to adverse consequences. The parties also had to state whether they wanted a settlement conference before the magistrate judge.
The court reminded the parties that, in most cases, settlements of claims under the Fair Labor Standards Act require court approval.
Disposition and Significance
Judge Rochon’s order lifted the stay and set case-management requirements. It did not resolve the merits of the claims or decide whether either side was legally responsible.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.