Cromitie v. Biohm Health LLC
- Rochon
- 1:23-cv-04316
- U.S. District Court · Southern District of New York
- 1
Cromities v. Biohm Health, Judge Rochon ordered the parties to discuss settlement, consider standing, and report whether they settled.
Seana Cromities and Biohm Health LLC must participate in the required settlement discussions and jointly report to the court.
What happened
In Seana Cromities v. Biohm Health LLC, the court ordered the parties to begin settlement discussions within 30 days after service of the summons and complaint. The opinion did not describe the underlying claims or decide whether Cromities had standing.
The parties must meet for at least one hour and discuss whether further mediation or a settlement conference before a magistrate judge would be useful. Within 45 days after service, they must jointly tell the court whether they settled; if not, they must request mediation, a magistrate-judge settlement conference, or an initial status conference.
Judge Jennifer L. Rochon entered this procedural order on May 26, 2023. The order did not resolve the parties’ legal dispute or rule on standing.
The detailed version
- Cromitie v. Biohm Health LLC · No. 1:23-cv-04316
- Rochon
- May 26, 2023
Order
The court ordered Seana Cromities and Biohm Health LLC to meet and confer within 30 days after service of the summons and complaint. They must spend at least one hour making a good-faith attempt to settle the action.
Standing Discussion
The parties must consider during their discussions whether Cromities has satisfied the threshold requirement of standing, meaning the legal requirement that a plaintiff be entitled to bring the case. The court cited Second Circuit decisions addressing standing but did not decide the standing issue in this order.
Further Settlement Proceedings and Reporting
If the parties cannot settle on their own, they must discuss whether additional settlement discussions through the court’s mediation program or before a magistrate judge would be productive. Within 15 additional days—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 mediation or a magistrate-judge settlement conference, with a preference indicated, or an initial status conference.
Disposition
Judge Rochon entered a procedural order directing settlement discussions and a joint status report. The opinion does not resolve the underlying claims, decide standing, or state the parties’ positions on the merits.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.