Swartz v. 510 W42 Holdings, LLC
- Rochon
- 1:23-cv-04238
- U.S. District Court · Southern District of New York
- 1
In Swartz v. 510 W42 Holdings, Judge Rochon ordered settlement discussions and a joint status letter, including discussion of standing.
Helen Swartz and the defendants, 510 W42 Holdings LLC and 510 W42 Hotel Operating LLC, are required to participate in the ordered settlement discussions and joint reporting process.
What happened
Swartz v. 510 W42 Holdings concerns an order requiring the parties to meet for at least one hour and make a good-faith effort to settle the case within 30 days after the summons and complaint are served.
The parties must discuss whether Helen Swartz has satisfied the legal requirement of standing. If they cannot settle, they must also consider whether mediation or a settlement conference before a magistrate judge would be useful.
Judge Jennifer L. Rochon ordered the parties to submit a joint letter within 45 days after service stating whether they settled and, if not, requesting mediation, a magistrate-judge settlement conference, or an initial status conference. The order does not decide standing or the merits of the case.
The detailed version
- Swartz v. 510 W42 Holdings, LLC · No. 1:23-cv-04238
- Rochon
- May 23, 2023
Order
Judge Rochon ordered the parties to meet and confer for at least one hour within 30 days after service of the summons and complaint. The meeting must be a good-faith attempt to settle the action.
Standing Discussion
The parties were directed to discuss whether Plaintiff Helen Swartz has satisfied the threshold requirement of standing, meaning the legal requirement that a person be entitled to bring the case in federal court. The order cites Calcano v. Swarovski North America Ltd. and Harty v. West Point Realty, Inc. in connection with that discussion. The court did not decide whether Swartz has standing.
Further Settlement Procedures
If the parties cannot settle the case themselves, they must discuss whether additional settlement efforts through the court-annexed mediation program or before a magistrate judge would be productive at that time.
Within 15 additional days—meaning 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 request either referral to mediation or a settlement conference before a magistrate judge, with a stated preference between those options, or an initial status conference.
Disposition
The opinion is a case-management and settlement order. It does not resolve the parties' underlying claims, decide standing, or rule on any motion.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.