Gao v. L&L Supplies, Inc.
- Rochon
- 1:22-cv-03722
- U.S. District Court · Southern District of New York
- 2
In Gao v. L&L Supplies, Judge Rochon ordered the parties to discuss magistrate-judge consent after unsuccessful mediation and report within two weeks.
The plaintiffs, including Hua Jing Gao, and the defendants, including L&L Supplies, Inc., were required to discuss consent to proceedings before Magistrate Judge Gorenstein and follow the order’s reporting requirements.
What happened
In Gao v. L&L Supplies, Inc., mediation had been unsuccessful, and the court directed the parties to discuss whether they would consent to having Magistrate Judge Gorenstein conduct the rest of the case.
If both sides consented, they had two weeks to submit a completed consent form for the court’s approval. If any party did not consent, the parties had to jointly notify the court without identifying who withheld consent and state whether they wanted a settlement conference. The order said that withholding consent would not lead to negative consequences.
Judge Jennifer L. Rochon also reminded the parties that settlements of claims under the Fair Labor Standards Act generally must be approved by the court. The order did not decide the claims’ merits.
The detailed version
- Gao v. L&L Supplies, Inc. · No. 1:22-cv-03722
- Rochon
- Nov. 15, 2022
Background
The court was informed that mediation had been unsuccessful. The opinion identifies Hua Jing Gao and other plaintiffs, and L&L Supplies, Inc. and other defendants.
Order
To conserve resources, promote efficiency, and seek a faster resolution, the court ordered the parties to discuss whether they would consent under 28 U.S.C. § 636(c) to having Magistrate Judge Gorenstein conduct all further proceedings.
If both sides consented, they had to submit a completed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form within two weeks of the order. If the court approved the form, Magistrate Judge Gorenstein would conduct the remaining proceedings instead of Judge Rochon. Any appeal would go directly to the U.S. Court of Appeals for the Second Circuit.
If any 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 who withheld consent. The order expressly stated that withholding consent would not result in adverse consequences. The parties also had to state whether they requested a settlement conference before the magistrate judge.
Additional Reminder and Disposition
The court reminded the parties that settlements of claims under the Fair Labor Standards Act generally must receive court approval. This order addressed case administration and possible settlement procedures; it did not resolve the underlying claims. Judge Jennifer L. Rochon entered the order on November 15, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.