DiMeglio v. B.O.A Inc.
- Rochon
- 1:23-cv-04110
- U.S. District Court · Southern District of New York
- 1
In DiMeglio v. B.O.A. Inc., Judge Rochon ordered settlement discussions and a joint status letter without deciding the case’s merits.
Maria DiMeglio and the other plaintiffs, and B.O.A. Inc., must follow the court’s settlement-discussion and joint-reporting requirements.
What happened
In DiMeglio v. B.O.A. Inc., the court ordered the plaintiffs and B.O.A. Inc. to meet and confer about settling the lawsuit.
The parties must meet for at least one hour within 30 days after the summons and complaint are served. They must consider whether the plaintiff has met the required standing threshold and, if they cannot settle, whether mediation or a settlement conference with a magistrate judge would help.
Within 15 more days, the parties must jointly tell Judge Jennifer L. Rochon whether they settled. If not, they must ask for mediation or a magistrate-judge settlement conference, stating their preference, or request an initial status conference. The order did not decide the merits of the lawsuit.
The detailed version
- DiMeglio v. B.O.A Inc. · No. 1:23-cv-04110
- Rochon
- May 25, 2023
Order
The court ordered the parties to meet and confer—that is, to discuss the case directly—in a good-faith effort to settle the action. The meeting must last at least one hour and occur within 30 days after service of the summons and complaint.
Issues to Discuss
The parties were directed to consider whether the plaintiff satisfied the threshold requirement of standing, meaning the requirement that a plaintiff have a sufficient personal connection to pursue the case in federal court. The order cited decisions from the U.S. Court of Appeals for the Second Circuit but did not decide whether standing existed.
If the parties could not settle on their own, they were also ordered to discuss whether additional settlement discussions through the district court’s mediation program or before a magistrate judge would be productive.
Reporting Requirement and Disposition
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 to a magistrate judge for a settlement conference, with a stated preference, or an initial status conference.
Judge Jennifer L. Rochon entered this settlement and case-management order. The order did not grant or deny a merits motion and did not resolve the standing issue or the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.