Vachnine v. Country Floors Of America, LLC
- Rochon
- 1:23-cv-01329
- U.S. District Court · Southern District of New York
- 1
In Vachnine v. Country Floors, Judge Rochon ordered the parties to discuss settlement and report whether to mediate or proceed to an initial conference.
Ness-Lee Vachnine, the putative class, and Country Floors of America, LLC, because the order imposes settlement-discussion and reporting requirements on the parties.
What happened
In Vachnine v. Country Floors of America, LLC, the court ordered the parties to meet and discuss settling the case shortly after the complaint and summons are served.
Within 30 days of service, the parties must meet for at least one hour and consider, among other things, whether Ness-Lee Vachnine has standing to bring the case. Within 15 more days, they must jointly tell the court whether they settled. If they did not, they must ask the court to choose mediation or a settlement conference before a magistrate judge, or request an initial status conference.
Judge Jennifer L. Rochon issued the order on February 17, 2023. The order does not decide standing, the merits of the case, or any party’s legal claims.
The detailed version
- Vachnine v. Country Floors Of America, LLC · No. 1:23-cv-01329
- Rochon
- Feb. 17, 2023
Order
The court ordered the parties to meet and confer—that is, meet and discuss the case—in a good-faith effort to settle it. The meeting must occur within 30 days after service of the summons and complaint and must last at least one hour.
Required discussions
The parties must consider whether Ness-Lee Vachnine has satisfied the threshold requirement of standing, meaning the legal requirement that a party be entitled to bring the case. The order cites two Second Circuit decisions concerning standing. The parties must also discuss whether additional settlement discussions through the court’s mediation program or before a magistrate judge would be productive if they cannot settle the case themselves.
Required joint letter and disposition
Within 15 additional days—within 45 days after service of the summons and complaint—the parties must submit a joint letter telling the court whether they settled. If they have not settled, the letter must request either referral to mediation or a settlement conference before a magistrate judge, and state which option the parties prefer, or ask the court to proceed with an initial status conference.
This is a case-management and settlement order. It does not decide standing or the merits of the claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.