Toro v. Tufina, LLC

Order

The court ordered the parties to meet and confer—that is, meet and discuss the case—in a good-faith effort to settle the action. The meeting must last at least one hour and occur within 30 days after service of the summons and complaint.

Standing and Further Settlement Discussions

The parties must consider whether Jasmine Toro has satisfied the threshold requirement of standing, meaning the legal requirement that she is entitled to bring the case. The court cited decisions from the U.S. Court of Appeals for the Second Circuit concerning standing. The order does not decide whether Toro has standing.

If the parties cannot settle the case themselves, they must discuss whether additional settlement discussions through the court's mediation program or before a magistrate judge would be productive at that time.

Reporting Deadline and Next Step

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 the parties' preference, or to schedule an initial status conference.

Disposition

Judge Jennifer L. Rochon's order addresses settlement procedures and possible standing discussions. It does not resolve standing, any claim, or the merits of the action.