Toro v. Patch Collection, LLC
- Rochon
- 1:23-cv-02896
- U.S. District Court · Southern District of New York
- 1
In Toro v. Patch Collection, LLC, Judge Rochon ordered the parties to discuss settlement, consider standing, and report their plans to the court.
Jasmine Toro, Patch Collection, LLC, and the others Toro seeks to represent.
What happened
In Toro v. Patch Collection, LLC, Jasmine Toro sued Patch Collection, LLC on behalf of herself and others similarly situated. The opinion does not describe the underlying claims.
The court ordered the parties to meet for at least one hour within 30 days after service of the summons and complaint to make a good-faith effort to settle. They must also discuss whether Toro has standing and whether further settlement discussions through mediation or a magistrate judge would be useful.
Within 45 days after service, the parties must submit a joint letter stating whether they settled. If they did not, they must ask Judge Jennifer L. Rochon to refer the case to mediation or a magistrate judge for a settlement conference, or to schedule an initial status conference.
The detailed version
- Toro v. Patch Collection, LLC · No. 1:23-cv-02896
- Rochon
- Apr. 10, 2023
Order
Judge Rochon issued a case-management order requiring the parties to pursue settlement discussions. The order does not decide the merits of Jasmine Toro’s claims, whether Toro has standing, or whether the case may proceed as a class action.
Required Settlement Discussions
Within 30 days after service of the summons and complaint, Toro and Patch Collection, LLC must meet and confer for at least one hour in a good-faith effort to settle the action. During those discussions, they must consider whether Toro has satisfied the threshold requirement of standing, meaning whether she has the legal ability to bring the case in federal court. If they cannot settle on their own, they must also discuss whether additional settlement discussions through the court’s mediation program or before a magistrate judge would be productive at that time.
Joint Letter and Next Step
Within 15 additional days—within 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 mediation or to a magistrate judge for a settlement conference, with a preference stated between those options, or an initial status conference.
Disposition
The court entered these settlement and case-management requirements. It did not rule on standing or the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.