Donet v. Vienna Beef Ltd.

What the order required

The court ordered the parties to meet and confer—meaning to communicate directly—in a good-faith effort to settle the action. That meeting must occur within 30 days after service of the summons and complaint and must last at least one hour.

During those discussions, the parties must consider whether Maricela Donet has standing, meaning a sufficient legal connection to pursue the case. The order cited Second Circuit decisions concerning that threshold issue but did not decide whether Donet has standing.

If the parties cannot settle on their own, they must also discuss whether additional settlement efforts through the court’s 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 stating 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 the parties’ preference, or to proceed with an initial status conference.

Effect of the order

This is a case-management and settlement order. It does not resolve the standing issue, the claims, or the merits of the dispute. Judge Jennifer L. Rochon entered the order on June 13, 2023.