Yuwono v. Poke Fidi LLC

Background

The parties notified the court that mediation had been unsuccessful. The order does not describe the underlying claims in detail, but it refers to claims under the Fair Labor Standards Act.

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 all further proceedings conducted by Magistrate Judge Willis. If both sides consented, they had to submit a completed consent form within two weeks of the order. If the court approved the form, Magistrate Judge Willis would conduct the remaining proceedings. Any appeal would go directly to the United States Court of Appeals for the Second Circuit.

If any party did not consent to having all further proceedings before the magistrate judge, 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 parties also had to state whether they wanted a settlement conference before Magistrate Judge Willis.

The court reminded the parties that most settlements of Fair Labor Standards Act claims must be approved by the court, citing Cheeks v. Freeport Pancake House, Inc.

Disposition and significance

This was a case-management order concerning possible consent to proceed before a magistrate judge and a possible settlement conference. It did not resolve the merits of the claims or rule on liability. The order was signed by Judge Jennifer L. Rochon.