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S.D.N.Y.Procedural orderFiled Oct. 24, 2022

Acevedo v. DLR Properties, LLC

Judge
Rochon
Docket
1:22-cv-08947
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Acevedo v. DLR Properties, LLC, Judge Rochon ordered settlement discussions and a joint status letter, while asking parties to consider standing.

Who this affects

Robert Acevedo, DLR Properties, LLC, and the other defendants in the action.

What happened

In Acevedo v. DLR Properties, LLC, the court issued case-management instructions requiring the parties to try to settle the lawsuit.

The parties must meet for at least one hour within 30 days after the summons and complaint are served. They must discuss whether Robert Acevedo has standing, meaning a sufficient legal basis to bring the case, and whether further settlement discussions through mediation or a magistrate judge would help.

Judge Rochon also ordered the parties to file a joint letter within 45 days after service stating whether they settled. If they did not, the letter must ask the court either to refer the case for mediation or a settlement conference, or to schedule an initial status conference. The order did not decide standing or the merits of the lawsuit.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Acevedo v. DLR Properties, LLC · No. 1:22-cv-08947
Judge
Rochon
Date
Oct. 24, 2022

Order

The court ordered the parties to meet and confer for at least one hour, in a good-faith attempt to settle the action, within 30 days after service of the summons and complaint.

The parties must discuss whether Robert Acevedo has satisfied the threshold requirement of standing. Standing is the legal requirement that a person have a sufficient connection to the dispute to ask a federal court to decide it. The order cited Second Circuit decisions concerning that issue but did not decide whether Acevedo has standing.

If the parties cannot settle the case themselves, they must discuss whether additional settlement efforts through the court-annexed mediation program or before a magistrate judge would be productive at that time.

Required Joint Letter

Within 15 additional days—45 days after service of the summons and complaint—the parties must submit a joint letter stating whether they settled. If they did not settle, the letter must request either referral to mediation or to a magistrate judge for a settlement conference, with a preference between those options, or an initial status conference.

Disposition

Judge Rochon issued a procedural case-management order. The order required settlement-related steps and a joint letter but did not resolve the parties’ claims, standing, or any other merits issue.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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