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S.D.N.Y.Procedural orderFiled Jan. 17, 2023

Norris v. Famiglia-Debartolo, LLC

Judge
Rochon
Docket
1:23-cv-00304
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Norris v. Famiglia-Debartolo, Judge Rochon ordered the parties to discuss settlement and standing, then report whether to pursue mediation or an initial conference.

Who this affects

The plaintiff and defendants in Norris v. Famiglia-Debartolo, LLC, including Famiglia-Debartolo, LLC and the other defendants listed in the caption, must comply with the settlement-discussion and joint-letter requirements.

What happened

Norris v. Famiglia-Debartolo, LLC is a case in which the court directed the parties to begin settlement-related discussions. The opinion does not describe the underlying claims or decide whether the plaintiff has standing.

Judge Rochon ordered the parties to meet for at least one hour within 30 days after service of the summons and complaint. They must discuss settlement, including whether the plaintiff meets the requirement of standing, and whether additional settlement discussions through mediation or a settlement conference with a magistrate judge would be useful.

Within 45 days after service, the parties must jointly tell the court whether they settled. If they did not, they must ask either for mediation or a magistrate-judge settlement conference, stating their preference, or ask to proceed with an initial status conference. Judge Jennifer L. Rochon issued the order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Norris v. Famiglia-Debartolo, LLC · No. 1:23-cv-00304
Judge
Rochon
Date
Jan. 17, 2023

What the order addresses

This order sets early case-management and settlement requirements. It does not decide the parties' underlying legal dispute or determine whether plaintiff has standing. Standing is the requirement that a plaintiff be legally entitled to ask a court to decide a dispute.

Required settlement discussion

Within 30 days after service of the summons and complaint, the parties must meet and confer for at least one hour and make a good-faith attempt to settle the action. Their discussions must include whether plaintiff has satisfied the threshold requirement of standing. The parties must also discuss whether further settlement efforts through the district's court-annexed mediation program or before a magistrate judge would be productive if they cannot settle the case themselves.

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 ask the court either to refer the case to mediation or to a magistrate judge for a settlement conference, while indicating a preference between those options, or to proceed with an initial status conference.

Disposition

The court entered these settlement and reporting requirements. The opinion contains no ruling on the merits, no ruling on standing, and no dismissal or other final disposition of the case.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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