Matzura v. Auralex Acoustics, Inc.
- Rochon
- 1:23-cv-03557
- U.S. District Court · Southern District of New York
- 1
In Matzura v. Auralex, Judge Rochon ordered settlement discussions and a joint update, without deciding standing or the case’s merits.
The plaintiff and Auralex Acoustics, Inc., who must meet to discuss settlement and submit a joint letter to the court.
What happened
In Matzura v. Auralex Acoustics, Inc., the court ordered the parties to try to settle the case soon after the summons and complaint are served.
Within 30 days of service, the parties must meet for at least one hour and discuss settlement in good faith. They must also consider whether the plaintiff has standing—the legal right to bring the case—and whether mediation or a settlement conference with a magistrate judge would help.
Within 45 days of service, the parties must file a joint letter stating whether they settled. If they did not, they must ask for mediation or a settlement conference, or request an initial status conference. Judge Jennifer L. Rochon did not decide standing or the merits of the case.
The detailed version
- Matzura v. Auralex Acoustics, Inc. · No. 1:23-cv-03557
- Rochon
- May 1, 2023
Order
The court ordered the parties to meet and confer for at least one hour in a good-faith effort to settle the action. The meeting must occur within 30 days after service of the summons and complaint.
During those discussions, the parties must consider whether Plaintiff has standing, meaning a legally sufficient connection to the dispute that allows a person to bring a case. The order cited Second Circuit decisions concerning standing but did not decide whether Plaintiff satisfies that requirement.
If the parties cannot settle on their own, they must also discuss whether further settlement discussions through the court-annexed mediation program or before a magistrate judge would be productive at that time.
Required Joint Letter
Within 15 additional days—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 a settlement conference before a magistrate judge, with a preference identified between those options, or an initial status conference.
Disposition
This order addresses settlement and case management. It does not resolve standing, the merits of the claims, or any other substantive issue.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.