DiMeglio v. The Professional Supplement Center, LLC
- Rochon
- 1:23-cv-05209
- U.S. District Court · Southern District of New York
- 1
In DiMeglio v. The Professional Supplement Center, Judge Rochon ordered settlement discussions that address whether Plaintiff has standing.
Maria DiMeglio and The Professional Supplement Center, LLC, who must follow the settlement-discussion and joint-letter deadlines.
What happened
In DiMeglio v. The Professional Supplement Center, LLC, the court ordered the parties to try to settle the case after the summons and complaint are served. The order did not describe the underlying dispute or decide its merits.
Within 30 days after service, the parties must meet for at least one hour and make a good-faith settlement effort. They must discuss whether Plaintiff has met the basic requirement of having standing to bring the case and whether court-connected mediation or a settlement conference with a magistrate judge would help.
Within 45 days after service, the parties must submit a joint letter stating whether they settled. If not, they must ask the court either to refer the case to mediation or a magistrate judge for a settlement conference, or to schedule an initial status conference. Judge Jennifer L. Rochon issued the order.
The detailed version
- DiMeglio v. The Professional Supplement Center, LLC · No. 1:23-cv-05209
- Rochon
- June 22, 2023
Order
The court ordered the parties to meet and confer—meaning discuss the case directly—for at least one hour within 30 days after service of the summons and complaint. They must make a good-faith effort to settle the action.
The parties must consider whether Plaintiff satisfied the threshold requirement of standing, which concerns whether a party is entitled to bring a case in federal court. The order cited two Second Circuit decisions concerning standing. The parties must also discuss whether additional settlement efforts through the district court’s mediation program or before a magistrate judge would be productive if they cannot settle themselves.
Required Joint Letter
Within 15 additional days, or 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 settlement conference before a magistrate judge, with a preference stated between those options, or an initial status conference.
The opinion is a case-management and settlement order. It does not resolve standing, liability, or any other underlying legal issue.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.