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S.D.N.Y.Procedural orderFiled June 21, 2023

Brown v. Willis Ave Liquors Corp.

Judge
Rochon
Docket
1:23-cv-05140
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

Brown v. Willis Ave Liquors Corp.: Judge Rochon ordered settlement discussions and a joint report, while directing the parties to consider standing.

Who this affects

Altaune Brown and Willis Ave Liquors Corp., along with the other defendants identified in the caption, must comply with the settlement-discussion and joint-letter requirements.

What happened

In Brown v. Willis Ave Liquors Corp., the Southern District of New York ordered the parties to meet and discuss settling the case. The order does not state whether the parties had already discussed settlement.

Within 30 days after service of the summons and complaint, the parties must meet for at least one hour and make a good-faith effort to settle. They must consider whether the plaintiff has met the legal requirement of standing, meaning a sufficient connection to the dispute to bring the case in federal court.

Within 15 additional days, the parties must jointly tell the court whether they settled. If they did not, they must ask either for mediation or a settlement conference before a magistrate judge, stating their preference, or request an initial status conference. Judge Jennifer L. Rochon issued the order.

The detailed version

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

Case
Brown v. Willis Ave Liquors Corp. · No. 1:23-cv-05140
Judge
Rochon
Date
June 21, 2023

Order

Judge Rochon ordered the parties to meet and confer—that is, meet and discuss the case—in a good-faith effort to settle it. The meeting must last at least one hour and must occur within 30 days after service of the summons and complaint.

Standing Discussion

The parties must consider whether Altaune Brown has satisfied the threshold requirement of standing. Standing is the legal requirement that a plaintiff have a sufficient connection to the dispute to invoke the federal court’s authority. The order cites decisions from the United States Court of Appeals for the Second Circuit but does not decide whether Brown has standing.

Further Settlement Steps

If the parties cannot settle the case themselves, they must discuss whether additional settlement discussions through the district 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 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, and state a preference between those options, or ask the court to proceed with an initial status conference.

Disposition

The court entered these settlement and case-management requirements. The opinion does not state that the court dismissed the case, ruled on the merits, or decided the standing issue.

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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