Jimenez v. 2050 Valentine Avenue LLC
- Katharine Parker
- 1:22-cv-06753
- U.S. District Court · Southern District of New York
- 2
In Jimenez v. 2050 Valentine Avenue LLC, Judge Rochon ordered the parties to discuss consenting to a magistrate judge and report their decision within two weeks.
The parties in the case were required to discuss consent to proceedings before Magistrate Judge Parker and report their position, along with any request for a settlement conference, within two weeks.
What happened
In Jimenez v. 2050 Valentine Avenue LLC, the court said mediation had been unsuccessful and ordered the parties to discuss whether they would consent to having all further proceedings handled by Magistrate Judge Parker.
If both sides consent and the court approves the required form, Magistrate Judge Parker will handle the rest of the case, and any appeal would go directly to the Second Circuit. If either side does not consent, the parties must jointly notify the court within two weeks without identifying who withheld consent.
The parties must also state whether they want a settlement conference before Magistrate Judge Parker. Judge Rochon further reminded them that most settlements of claims under the Fair Labor Standards Act require court approval.
The detailed version
- Jimenez v. 2050 Valentine Avenue LLC · No. 1:22-cv-06753
- Katharine Parker
- Dec. 14, 2022
Background
The court was notified that mediation had been unsuccessful. 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 all further proceedings conducted before Magistrate Judge Parker.
Order
If both parties consent, they must submit a completed consent-and-reference form within two weeks of the order. If the court approves the form, Magistrate Judge Parker will conduct all further proceedings instead of Judge Rochon's court. Any appeal would go directly to the United States Court of Appeals for the Second Circuit.
If any party does not consent, the parties must file a joint letter within two weeks stating that they do not consent, without identifying the party or parties who withheld consent. The order states that withholding consent will not result in adverse consequences. The parties must also state whether they request a settlement conference before Magistrate Judge Parker.
Additional Reminder and Effect
The court reminded the parties that, in most cases, settlements of claims under the Fair Labor Standards Act require court approval. This order addressed case management and possible settlement procedures; it did not decide the merits of the parties' claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.