Brown v. Fruth Pharmacy, Inc.
- Rochon
- 1:23-cv-01478
- U.S. District Court · Southern District of New York
- 1
In Brown v. Fruth Pharmacy, Inc., Judge Rochon ordered settlement discussions and a joint status letter without deciding the case’s merits.
Lamar Brown, Fruth Pharmacy, Inc., and the proposed class described in the complaint.
What happened
Brown v. Fruth Pharmacy, Inc. is a proposed class action brought by Lamar Brown against Fruth Pharmacy, Inc. The court assigned the case to Judge Rochon for all purposes.
The court ordered the parties to meet for at least one hour within 30 days after the summons and complaint are served, and to make a good-faith effort to settle. They must discuss whether Brown has satisfied the requirement of having standing to sue and whether mediation or a settlement conference with a magistrate judge could help.
Within 45 days after service, the parties must submit a joint letter stating whether they settled. If they did not, they must ask the court either to refer the case to mediation or a magistrate judge, or to hold an initial status conference. Judge Rochon did not decide the standing issue or the merits of the case.
The detailed version
- Brown v. Fruth Pharmacy, Inc. · No. 1:23-cv-01478
- Rochon
- Feb. 23, 2023
Background
Lamar Brown brought this proposed class action against Fruth Pharmacy, Inc. The opinion is a case-management order and does not describe the underlying claims.
Court’s Orders
The court ordered the parties to meet and confer—that is, to discuss the case directly—for at least one hour and in good faith within 30 days after service of the summons and complaint. The parties must attempt to settle the action. As part of those discussions, they must consider whether Brown has satisfied the threshold requirement of standing, meaning a sufficient legal connection to bring the claims. The court cited two Second Circuit decisions concerning standing.
If the parties cannot settle on their own, they must also discuss whether further settlement efforts through the court’s mediation program or before a magistrate judge would be productive at that time.
The court further ordered the parties to submit a joint letter within 15 additional days, or within 45 days after service of the summons and complaint. The letter must state whether the case has settled. If it has not, the parties must ask the court either to refer the case to mediation or to a magistrate judge for a settlement conference, stating which option they prefer, or to proceed with an initial status conference.
Disposition
The court entered these settlement and case-management requirements. It did not decide standing, certify a class, or resolve the merits of the underlying claims. Judge Jennifer L. Rochon signed the order on February 23, 2023.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.