Hopson v. Research Foundation for Mental Hygiene, Inc.

Background

The court was notified that mediation had been unsuccessful. By a separate order issued the same day, the case was being referred to Magistrate Judge Aaron for general pretrial purposes, including settlement.

Consent Request

To conserve resources, promote efficiency, and seek a faster resolution, the court ordered the parties to discuss consenting under 28 U.S.C. § 636(c) to having Magistrate Judge Aaron conduct all further proceedings. If both parties consented, they had to submit a fully executed consent form within two weeks of the order’s date. If the court approved the form, Magistrate Judge Aaron would conduct the remaining proceedings instead of the district court judge, including any trial and entry of final judgment. An appeal would go directly to the United States 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 who declined. The court stated that withholding consent would not result in adverse consequences. The joint letter also had to state whether the parties wanted a referral to a settlement conference.

Other Reminder and Disposition

The court reminded the parties that, in most cases, settlements involving claims under the Fair Labor Standards Act require court approval. The order did not resolve the claims or defenses in the case. Judge Jennifer L. Rochon therefore issued a case-management order concerning referral and consent rather than a ruling on the merits.