Velazquez v. The Wizard's Chest, Inc.

Order

The case was assigned to Judge Rochon for all purposes. 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 parties must make a good-faith attempt to settle the action.

Standing and Further Settlement Discussions

During their discussions, the parties were directed to consider whether the plaintiff had satisfied the threshold requirement of standing, meaning the legal requirement that a person have a sufficient connection to the dispute to invoke the court’s authority. The court cited decisions from the United States Court of Appeals for the Second Circuit concerning standing. The order did not decide whether the plaintiff had standing.

If the parties could not settle the case themselves, they were also required to discuss whether additional settlement discussions through the court’s 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, while indicating a preference between those options, or an initial status conference.

Disposition

This order imposed settlement-discussion and case-management requirements. It did not resolve the merits of the dispute, decide the standing issue, or rule on a motion.