Rojas v. Top Notch Finishes, Inc.
- Rochon
- 1:22-cv-10105
- U.S. District Court · Southern District of New York
- 2
After mediation failed, Judge Rochon ordered the parties to discuss transferring future proceedings to Magistrate Judge Willis.
The parties in Rojas v. Top Notch Finishes, Inc., who were required to discuss consent to proceedings before Magistrate Judge Willis and meet a two-week filing deadline if they consented or declined.
What happened
Rojas v. Top Notch Finishes, Inc. concerns an order issued after the court was told that mediation had not succeeded.
The court required the parties to discuss whether they would consent to having all further proceedings handled by Magistrate Judge Willis. If they both agreed, they had two weeks to submit the required consent form. If either party declined, the parties had to notify the court without identifying who declined and state whether they wanted a settlement conference.
The order did not decide the underlying claims. Judge Rochon also reminded the parties that settlements of most claims under the Fair Labor Standards Act generally require court approval.
The detailed version
- Rojas v. Top Notch Finishes, Inc. · No. 1:22-cv-10105
- Rochon
- Apr. 3, 2023
Background
The court was notified that mediation had been unsuccessful. To conserve resources, promote efficiency, and seek a faster resolution, the court ordered the parties to discuss whether they would consent under 28 U.S.C. § 636(c) to conducting all remaining proceedings before Magistrate Judge Willis.
Order
If both parties consented, they were required to submit a completed consent-and-reference form within two weeks of the order. If the court approved the form, Magistrate Judge Willis would conduct all further proceedings instead of Judge Rochon. An appeal would go directly to the U.S. Court of Appeals for the Second Circuit.
If any party did not consent, the parties were required to file a joint letter within two weeks stating that they did not consent, without revealing which party or parties withheld consent. The court stated that withholding consent would not lead to adverse consequences. The parties also had to state whether they wanted a settlement conference before Magistrate Judge Willis.
Additional Reminder and Disposition
The court reminded the parties that settlements of claims under the Fair Labor Standards Act generally must be approved by the court, citing the Second Circuit's decision in Cheeks v. Freeport Pancake House, Inc. The order addressed case-management and settlement procedures; it did not rule on the merits of the parties' underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.