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S.D.N.Y.Procedural orderFiled Mar. 6, 2023

Toro v. J.L. Hufford Coffee & Tea Company

Judge
Rochon
Docket
1:23-cv-01601
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Toro v. J.L. Hufford Coffee & Tea Company, Judge Rochon ordered settlement discussions and a joint status letter.

Who this affects

The plaintiffs and J.L. Hufford Coffee & Tea Company must meet and confer about settlement, discuss standing and possible additional settlement procedures, and file a joint letter with the court on the required schedule.

What happened

In Toro v. J.L. Hufford Coffee & Tea Company, the court ordered the parties to try to settle the case soon after the lawsuit began.

Within 30 days after the summons and complaint are served, the parties must meet for at least one hour and discuss settlement in good faith. They must also discuss whether the plaintiff has met the basic requirement of having standing to bring the case.

If the case is not settled, the parties must submit a joint letter within 15 more days stating whether they settled and asking either for mediation or a settlement conference with a magistrate judge, or for an initial status conference. Judge Rochon issued the order on March 6, 2023.

The detailed version

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

Case
Toro v. J.L. Hufford Coffee & Tea Company · No. 1:23-cv-01601
Judge
Rochon
Date
Mar. 6, 2023

Order

The court ordered the parties to meet and confer for at least one hour within 30 days after service of the summons and complaint. The meeting must be a good-faith attempt to settle the action. The parties were directed to consider whether the plaintiff has satisfied the threshold requirement of standing, meaning the basic legal requirement to bring the case in federal court. The order cited Calcano v. Swarovski N. Am. Ltd. and Harty v. W. Point Realty, Inc. in connection with standing.

The parties must also discuss whether additional settlement discussions through the district court’s mediation program or before a magistrate judge would be productive. 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 stating a preference between those options, or to proceed with an initial status conference.

Disposition

This order sets settlement and case-management requirements. It does not decide the merits of the lawsuit or determine whether the plaintiff has standing.

The authoritative version

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

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