Toro v. Candyland, Inc.
- Jennifer Rochon
- 1:23-cv-04183
- U.S. District Court · Southern District of New York
- 1
In Toro v. Candyland, Inc., Judge Jennifer L. Rochon ordered the parties to discuss settlement and report whether they settled.
The parties—Luis Toro and the other plaintiffs identified in the caption, and Candyland, Inc.—must participate in settlement discussions and submit the required joint letter.
What happened
In Luis Toro, et al. v. Candyland, Inc., the court issued an order requiring the parties to try to settle the case shortly 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 to bring the case and whether mediation or a settlement conference with a magistrate judge would help. Within 45 days of service, they must send a joint letter stating 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 these settlement and case-management requirements. The order did not decide whether the plaintiff has standing or resolve the underlying claims.
The detailed version
- Toro v. Candyland, Inc. · No. 1:23-cv-04183
- Jennifer L. Rochon
- May 25, 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 effort to settle the action.
Required Discussions
The parties must discuss whether the plaintiff has satisfied the threshold requirement of standing, meaning whether the plaintiff is legally entitled to bring the case. If they cannot settle on their own, they must also discuss whether additional settlement discussions through the court-annexed mediation program or before a magistrate judge would be productive at that time.
Joint Letter and Disposition
Within 15 additional days—within 45 days after service—the parties must submit a joint letter telling the court 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 stating which option the parties prefer, or to proceed with an initial status conference. Judge Jennifer L. Rochon entered these requirements. The order did not decide standing or the merits of the claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.