Crumwell v. Gumps San Francisco LLC
- Rochon
- 1:23-cv-01929
- U.S. District Court · Southern District of New York
- 1
In Crumwell v. Gumps San Francisco, Judge Rochon ordered settlement talks and a joint status letter, while raising standing for discussion.
Denise Crumwell and Gumps San Francisco LLC must meet and confer about settlement, consider standing, and file a joint letter within the stated deadlines.
What happened
In Crumwell v. Gumps San Francisco LLC, the court issued an order directing the parties to discuss settling the case.
Within 30 days after the summons and complaint are served, the parties must meet for at least one hour and discuss settlement, including whether Plaintiff has met the requirement of standing. Within 15 more days, they must submit a joint letter stating whether they settled and, if not, whether to use mediation, a settlement conference with a magistrate judge, or an initial status conference.
Judge Jennifer L. Rochon issued these case-management and settlement directives on March 8, 2023. The order did not decide whether Plaintiff had standing or resolve the underlying claims.
The detailed version
- Crumwell v. Gumps San Francisco LLC · No. 1:23-cv-01929
- Rochon
- Mar. 8, 2023
Order
The court ordered the parties to meet and confer—meaning discuss the case directly—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.
Standing Discussion
During those discussions, the parties were directed to consider whether Plaintiff had satisfied the threshold requirement of standing, which concerns whether a plaintiff is entitled to ask a federal court to decide a dispute. The order cited Calcano v. Swarovski N. Am. Ltd. and Harty v. W. Point Realty, Inc. as examples concerning standing.
Follow-Up Joint Letter
Within 15 additional days—45 days after service of the summons and complaint—the parties must submit a joint letter telling the court whether they settled. If they did not settle, the letter must request either referral to the court-annexed mediation program or a settlement conference before a magistrate judge, with a preference stated between those options, or an initial status conference.
Disposition
Judge Jennifer L. Rochon entered these settlement and case-management directives. The order did not decide standing, the merits of Plaintiff's claims, or whether the case could proceed as a class action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.