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S.D.N.Y.Procedural orderFiled May 31, 2023

Toro v. The Pic20 Group, LLC

Judge
Rochon
Docket
1:23-cv-04455
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Toro v. The Pic20 Group, LLC, Judge Rochon ordered settlement discussions and a joint status letter without deciding standing or the merits.

Who this affects

Luis Toro and The Pic20 Group, LLC, the parties required to participate in settlement discussions and submit the joint letter.

What happened

In Toro v. The Pic20 Group, LLC, the court ordered the parties to meet for at least one hour within 30 days after the summons and complaint are served. They must make a good-faith effort to settle and discuss whether the plaintiff meets the basic legal requirement of standing.

If the parties cannot settle, they must also discuss whether mediation or a settlement conference with a magistrate judge would be useful. Within 45 days after service, they must send the court a joint letter stating whether they settled and, if not, requesting mediation, a magistrate-judge settlement conference, or an initial status conference.

Judge Jennifer L. Rochon issued this case-management order on May 31, 2023. The order did not decide standing, any underlying claim, or the merits of the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Toro v. The Pic20 Group, LLC · No. 1:23-cv-04455
Judge
Rochon
Date
May 31, 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 discussions must be a good-faith attempt to settle the action. The parties were directed to consider whether the plaintiff had satisfied the threshold requirement of standing, meaning the legal requirement that a plaintiff be entitled to bring the case.

If the parties could not settle on their own, they were also ordered to discuss whether additional settlement discussions through the court-annexed mediation program or before a magistrate judge would be productive at that time.

Required joint letter

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 a magistrate-judge settlement conference, with a stated preference between those options, or an initial status conference.

Disposition

Judge Jennifer L. Rochon issued a case-management and settlement order. The opinion did not decide the standing issue or the merits of the action.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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