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S.D.N.Y.Procedural orderFiled May 1, 2023

Tucker v. St. Croix of Park Falls, Ltd.

Judge
Rochon
Docket
1:23-cv-03413
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Tucker v. St. Croix of Park Falls, Ltd., Judge Rochon ordered settlement discussions and a joint status letter.

Who this affects

The plaintiffs, including Henry Tucker, and St. Croix of Park Falls, Ltd., must follow the settlement-discussion and joint-letter deadlines.

What happened

In Tucker v. St. Croix of Park Falls, Ltd., the court ordered the parties to meet and confer for at least one hour within 30 days after the summons and complaint were served. They must make a good-faith effort to settle and discuss whether the plaintiff met the basic legal requirement of standing.

If the parties cannot settle, they must also discuss whether mediation through the court or a settlement conference before a magistrate judge would be useful. Within 45 days after service, they must submit a joint letter stating whether they settled and, if not, asking either for mediation or a magistrate-judge settlement conference, or for an initial status conference.

Judge Jennifer L. Rochon issued this order on May 1, 2023. The order addresses settlement and case-management steps; it does not decide the underlying claims or the standing issue.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Tucker v. St. Croix of Park Falls, Ltd. · No. 1:23-cv-03413
Judge
Rochon
Date
May 1, 2023

Order

The court ordered the parties to meet and confer for at least one hour within 30 days after service of the summons and complaint. They must make a good-faith attempt to settle the action. During those discussions, the parties should consider whether the plaintiff has satisfied the threshold requirement of standing, meaning the legal requirement that a plaintiff be entitled to bring the case.

If the parties cannot settle without further assistance, they must discuss whether additional settlement discussions through the court's mediation program or before a magistrate judge would be productive at that time.

Required Joint Letter

Within 15 additional days—45 days total after service of the summons and complaint—the parties must submit a joint letter stating whether they have settled. If they have not settled, the letter must ask the court either to refer the case to mediation or to a magistrate judge for a settlement conference, while stating which option the parties prefer, or to proceed with an initial status conference.

Disposition and Scope

The court entered a procedural settlement and case-management order. It did not rule on the merits of the claims, decide whether the plaintiff has standing, or otherwise resolve the action.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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