Toro v. Carbon6, LLC
- Rochon
- 1:23-cv-03728
- U.S. District Court · Southern District of New York
- 1
In Toro v. Carbon6, LLC, Judge Rochon ordered the parties to discuss settlement, including standing, and report within 45 days.
Luis Toro and Carbon6, LLC, the parties required to meet, discuss settlement and standing, and submit a joint letter to the court.
What happened
In Toro v. Carbon6, LLC, the court ordered Luis Toro and Carbon6, LLC to meet for at least one hour within 30 days after service of the summons and complaint. They must make a good-faith effort to settle the case and discuss whether Toro has satisfied the requirement that he has standing to sue.
If the parties cannot settle, they must also discuss whether additional settlement talks through court mediation or before a magistrate judge would be useful. Within 45 days after service, they must submit a joint letter telling the court whether they settled and, if not, asking either for mediation or a settlement conference or for an initial status conference.
Judge Jennifer L. Rochon issued this procedural order on May 5, 2023. The order did not decide standing or the merits of the case.
The detailed version
- Toro v. Carbon6, LLC · No. 1:23-cv-03728
- Rochon
- May 5, 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. The parties must make a good-faith effort to settle the action. During those discussions, they must consider whether Plaintiff Luis Toro has satisfied the threshold requirement of standing, meaning the legal requirement that he is entitled to bring the case.
If the parties cannot settle on their own, they must also discuss whether further settlement discussions through the district court's mediation program or before a magistrate judge would be productive at that time.
Required Joint Letter
Within 15 additional days—within 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 magistrate judge for a settlement conference, while indicating a preference between those options, or to proceed with an initial status conference.
Effect of the Order
This order sets settlement-discussion and reporting requirements. It does not decide whether Toro has standing, whether the proposed class may proceed, or whether either party is right on the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.