Toro v. Cornhole Worldwide, LLC
- Rochon
- 1:23-cv-01859
- U.S. District Court · Southern District of New York
- 1
In Toro v. Cornhole Worldwide, Judge Rochon ordered the parties to discuss settlement and standing, then report whether they settled or want further proceedings.
Luis Toro and Cornhole Worldwide, LLC; the order concerns Toro’s action brought on behalf of himself and others similarly situated.
What happened
In Toro v. Cornhole Worldwide, LLC, Luis Toro sued on behalf of himself and others similarly situated. The order does not describe the underlying claims or decide their merits.
Judge Rochon ordered Toro and Cornhole Worldwide to meet for at least one hour within 30 days after service of the summons and complaint. They must make a good-faith effort to settle and discuss whether Toro meets the legal requirement of standing, meaning a sufficient personal stake in the case.
Within 15 more days, making 45 days after service, the parties must jointly tell Judge Jennifer L. Rochon whether they settled. If not, they must ask for mediation or a settlement conference with a magistrate judge, or request an initial status conference.
The detailed version
- Toro v. Cornhole Worldwide, LLC · No. 1:23-cv-01859
- Rochon
- Mar. 6, 2023
Order
The court entered a case-management order requiring Luis Toro and Cornhole Worldwide, LLC to meet and confer for at least one hour within 30 days after service of the summons and complaint. The parties must make a good-faith attempt to settle the action.
Standing Discussion
During those discussions, the parties must consider whether Toro has satisfied the threshold requirement of standing—that is, whether he has a sufficient personal stake in the dispute to bring it in federal court. The order cites decisions from the U.S. Court of Appeals for the Second Circuit but does not decide whether Toro has standing.
Required Joint Letter
If the parties cannot settle on their own, they must also discuss whether further settlement efforts through the district court’s mediation program or before a magistrate judge would be productive at that time. 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 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.
Disposition
This order does not resolve the underlying claims, decide standing, certify a class, or enter judgment. It establishes settlement and case-management requirements.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.