Ruiz Florez v. 1439 York Ave. Realty Corp.
- Rochon
- 1:23-cv-00459
- U.S. District Court · Southern District of New York
- 1
In Ruiz Florez v. 1439 York Ave. Realty Corp., Judge Rochon ordered settlement discussions and a status letter while raising standing as a topic.
The order affects Carlos Ruiz Florez, 1439 York Ave. Realty Corp., and Sequoia Tree LLC, all of whom must comply with the court's settlement-discussion and joint-letter requirements.
What happened
Ruiz Florez v. 1439 York Ave. Realty Corp. involves Carlos Ruiz Florez and defendants 1439 York Ave. Realty Corp. and Sequoia Tree LLC. The order does not describe the underlying claims.
The parties must meet for at least one hour within 30 days after the summons and complaint are served, and they must discuss settlement, including whether the plaintiff meets the legal requirement of standing. If they cannot settle, they must also discuss whether mediation or a settlement conference with a magistrate judge would help.
Judge Jennifer L. Rochon ordered the parties to file a joint letter within 45 days after service stating whether they settled. If not, the letter must request either mediation or a magistrate-judge settlement conference, or an initial status conference. The order does not decide standing or the merits of the case.
The detailed version
- Ruiz Florez v. 1439 York Ave. Realty Corp. · No. 1:23-cv-00459
- Rochon
- Jan. 20, 2023
Background
The court stated that the case had been assigned to Judge Rochon for all purposes. The opinion does not describe the plaintiff's claims or the defendants' positions.
Court-Ordered Discussions
The court ordered the parties to meet and confer for at least one hour within 30 days after service of the summons and complaint. They must make a good-faith attempt to settle the action. As part of those discussions, they should consider whether the plaintiff has satisfied the threshold requirement of standing, meaning the legal requirement that a plaintiff be entitled to bring the case. The court cited decisions from the U.S. Court of Appeals for the Second Circuit concerning standing.
If the parties cannot settle on their own, they must also discuss whether further settlement discussions through the court's mediation program or before a magistrate judge would be productive at that time.
Reporting Requirement and Disposition
The court further ordered the parties to submit a joint letter within 15 additional days—45 days after service of the summons and complaint—stating whether they had settled. If they had not settled, the letter must request either referral to mediation or a settlement conference before a magistrate judge, while stating a preference between those options, or an initial status conference.
Judge Jennifer L. Rochon entered this case-management order. The order does not decide standing, the merits of any claim, or any motion.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.