Volfman v. Dynamic Music Corp.
- Rochon
- 1:23-cv-04661
- U.S. District Court · Southern District of New York
- 1
In Volfman v. Dynamic Music Corp., Judge Rochon ordered the parties to discuss settlement, consider standing, and report within 45 days.
Joseph Volfman, Dynamic Music Corp., d/b/a Olive Tree Cafe, and Noam Enterprises, Inc.
What happened
Volfman v. Dynamic Music Corp. is an order requiring the parties to try to settle the case early. The order does not describe the underlying claims or decide them.
Within 30 days after the summons and complaint are served, Joseph Volfman and the defendants must meet for at least one hour and make a good-faith effort to settle. They must also discuss whether Volfman has met the legal requirement of standing, meaning that he is entitled to bring the case.
Within 15 more days, the parties must jointly tell the court whether they settled. If they did not, Judge Jennifer L. Rochon ordered them to request mediation or a settlement conference with a magistrate judge, or to proceed with an initial status conference.
The detailed version
- Volfman v. Dynamic Music Corp. · No. 1:23-cv-04661
- Rochon
- June 9, 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 meeting must be a good-faith effort to settle the action.
Standing Discussion
The parties must consider whether the plaintiff has satisfied the threshold requirement of standing, meaning whether he has the necessary legal connection to bring the case. The court cited Second Circuit decisions addressing standing, but this order does not decide whether the plaintiff has standing.
Further Settlement Procedures
If the parties cannot settle the case themselves, they must discuss whether additional settlement discussions through the court's mediation program or before a magistrate judge would be productive at that time.
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 referral to mediation or a settlement conference before a magistrate judge, while stating the parties' preference, or an initial status conference.
Disposition
This order addresses settlement and case-management procedures. It does not resolve the parties' underlying claims or make a ruling on standing. Judge Jennifer L. Rochon entered the order on June 9, 2023.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.