Lopez v. Partylite Gifts, Inc.
- Rochon
- 1:23-cv-02664
- U.S. District Court · Southern District of New York
- 1
In Lopez v. Partylite Gifts, Inc., Judge Rochon ordered the parties to discuss settlement and standing, then report whether to settle or seek further court assistance.
Iliana Lopez and Partylite Gifts, Inc., who must follow the settlement-discussion, reporting, and case-management requirements.
What happened
In Lopez v. Partylite Gifts, Inc., the court ordered the parties to meet for at least one hour within 30 days after the summons and complaint are served. They must make a good-faith attempt to settle and discuss whether the plaintiff meets the requirement of having standing to sue.
Within 15 more days, the parties must jointly tell the court whether they settled. If they did not, they must ask the court either to refer the case to mediation or a settlement conference with a magistrate judge, or to schedule an initial status conference.
Judge Jennifer L. Rochon issued this case-management order. The order did not decide whether the plaintiff has standing or resolve the underlying dispute.
The detailed version
- Lopez v. Partylite Gifts, Inc. · No. 1:23-cv-02664
- Rochon
- Apr. 5, 2023
Order
The court ordered Iliana Lopez and Partylite Gifts, Inc. 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 effort to settle the action. During those discussions, they must consider whether Lopez has satisfied the threshold requirement of standing, meaning a sufficient legal basis to bring the case in federal court.
If the parties cannot settle on their own, they must also discuss whether additional settlement efforts through the court's mediation program or before a magistrate judge would be productive at that time.
Deadline and Next Steps
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 settlement conference before a magistrate judge, while stating the parties' preference, or to proceed with an initial status conference.
Disposition
Judge Jennifer L. Rochon's order addressed case management and settlement procedures. It did not decide standing, the merits of the claims, or any party's legal position. The opinion text does not identify the claims underlying the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.