Fagnani v. Tailwinds, Inc.
- Rochon
- 1:22-cv-10651
- U.S. District Court · Southern District of New York
- 1
In Fagnant v. Tailwinds, Judge Rochon ordered settlement discussions and required a joint update if the case was not resolved.
The plaintiffs and Tailwinds, Inc., who must meet, discuss settlement and standing, and submit a joint letter to the court.
What happened
In Mykayla Fagnant v. Tailwinds, Inc., the court ordered the parties to meet for at least one hour within 30 days after service of the summons and complaint and make a good-faith effort to settle.
The parties must discuss whether the plaintiff has met the threshold requirement of standing. If they cannot settle, they must also discuss whether court-connected mediation or a settlement conference before a magistrate judge would be useful.
Within 45 days after service, the parties must jointly tell the court whether they settled. If not, they must ask for mediation or a magistrate-judge settlement conference, or request an initial status conference. Judge Jennifer L. Rochon issued the order on January 4, 2023.
The detailed version
- Fagnani v. Tailwinds, Inc. · No. 1:22-cv-10651
- Rochon
- Jan. 4, 2023
Order
The court ordered the parties to meet and confer for at least one hour within 30 days after service of the summons and complaint. The meeting must be a good-faith effort to settle the action.
The parties were directed to discuss whether the plaintiff satisfied the threshold requirement of standing. If they could not settle the case themselves, they were also required to discuss whether additional settlement discussions through the district court's mediation program or before a magistrate judge would be productive.
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 a magistrate-judge settlement conference, while stating a preference between those options, or an initial status conference. The order addresses case management and settlement procedures and does not decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.