Bishop v. Allen University
- Rochon
- 1:23-cv-05373
- U.S. District Court · Southern District of New York
- 1
In Bishop v. Allen University, Judge Rochon ordered settlement discussions and a joint status letter, without deciding standing or the merits.
Cedric Bishop, the other plaintiffs, and Allen University, all of whom are required to participate in the settlement discussions and joint-letter process.
What happened
Bishop v. Allen University concerns a case brought by Cedric Bishop and other plaintiffs against Allen University. Judge Rochon ordered the parties to try to settle the case after the summons and complaint are served.
Within 30 days of service, the parties must meet for at least one hour and discuss settlement in good faith. They must also consider whether the plaintiff has met the legal requirement of standing, meaning a sufficient connection to the dispute to bring the case. If they cannot settle, they must discuss whether mediation or a settlement conference with a magistrate judge would be useful.
Within 15 more days, the parties must submit a joint letter stating whether they settled. If they did not, the letter 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's order did not decide standing or the merits of the claims.
The detailed version
- Bishop v. Allen University · No. 1:23-cv-05373
- Rochon
- June 29, 2023
Order
Judge Rochon entered a case-management and settlement order. The order requires the parties to meet and confer—meet and discuss the case—for at least one hour within 30 days after service of the summons and complaint. The parties must make a good-faith effort to settle the action.
During those discussions, the parties must consider whether the plaintiff has satisfied the threshold requirement of standing. Standing is the requirement that a party have a sufficient legal connection to the dispute to invoke the court's authority. The order cites decisions from the U.S. Court of Appeals for the Second Circuit concerning standing.
If the parties cannot settle on their own, they must also discuss whether additional settlement discussions through the district's court-annexed 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 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, while stating a preference between those options, or an initial status conference.
The order does not resolve the standing issue, decide the merits of the plaintiffs' claims, or enter a final judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.