DiMeglio v. One Source Plus, Inc.
- Rochon
- 1:23-cv-05051
- U.S. District Court · Southern District of New York
- 1
In DiMeglio v. One Source Plus, Judge Rochon ordered the parties to discuss settlement and report whether they settled or need a court conference.
The parties to DiMeglio v. One Source Plus, Inc. must meet to discuss settlement, consider the standing issue, and submit a joint status letter within the specified deadlines.
What happened
In DiMeglio v. One Source Plus, Inc., 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 the case and discuss whether the plaintiff meets the requirement of having standing to sue.
If the parties cannot settle on their own, they must also discuss whether mediation through the court or a settlement conference before a magistrate judge would be useful. The court did not decide the standing issue or the underlying dispute in this order.
Judge Jennifer L. Rochon ordered the parties to submit a joint letter within an additional 15 days—45 days after service—stating whether they settled. If they did not settle, the letter must ask for mediation or a magistrate-judge settlement conference, or request an initial status conference.
The detailed version
- DiMeglio v. One Source Plus, Inc. · No. 1:23-cv-05051
- Rochon
- June 29, 2023
Order
Judge Rochon issued a case-management order requiring the parties to attempt settlement and report to the Court.
Required settlement discussions
Within 30 days after service of the summons and complaint, the parties must meet and confer for at least one hour in a good-faith effort to settle the action. During those discussions, they should consider whether the plaintiff has satisfied the threshold requirement of standing, meaning the legal requirement that a plaintiff be entitled to bring the case.
If the parties cannot settle by themselves, they must also discuss whether additional settlement discussions through the district court’s mediation program or before a magistrate judge would be productive at that time.
Joint report and next steps
Within 15 additional days—meaning within 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 a referral to mediation or a settlement conference before a magistrate judge, while stating which option the parties prefer, or an initial status conference.
Disposition
The order establishes settlement-discussion and reporting requirements. It does not decide standing or the merits of the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.