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S.D.N.Y.Procedural orderFiled Mar. 8, 2023

Lopez v. KIINI, LLC

Judge
Rochon
Docket
1:23-cv-01781
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Lopez v. KIINI, LLC, Judge Rochon ordered the parties to discuss settlement, standing, and possible mediation.

Who this affects

The plaintiffs, including Iliana Lopez, and KIINI, LLC, the defendant, must comply with the settlement-discussion and joint-letter requirements.

What happened

Lopez v. KIINI, LLC concerns an order directing the parties to take early steps toward possible settlement. The opinion does not decide the underlying claims or whether the plaintiff has standing.

Within 30 days after service of the summons and complaint, the parties must meet for at least one hour and make a good-faith effort to settle. They must also discuss whether the plaintiff satisfies the threshold requirement of standing and whether further settlement discussions through mediation or a magistrate judge would be productive.

Judge Jennifer L. Rochon ordered the parties to file a joint letter within 15 additional days stating whether they settled. If they did not settle, the letter must request mediation or a settlement conference before a magistrate judge, or ask the court to schedule an initial status conference.

The detailed version

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

Case
Lopez v. KIINI, LLC · No. 1:23-cv-01781
Judge
Rochon
Date
Mar. 8, 2023

Order

The court ordered the parties to meet and confer within 30 days after service of the summons and complaint. The meeting must last at least one hour and must be a good-faith attempt to settle the action.

The parties must discuss whether the plaintiff has satisfied the threshold requirement of standing, meaning the legal requirement that a plaintiff be entitled to bring the case in federal court. They 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 on their own.

Within 15 additional days—45 days after service of the summons and complaint—the parties must submit a joint letter reporting whether they settled. If they did not settle, the letter must request either referral to mediation or a settlement conference before a magistrate judge, with a preference stated between those options, or an initial status conference. The order does not resolve the merits of the claims or decide standing.

The authoritative version

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

Open opinion PDF →
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