Toro v. Westport Big & Tall, LLC
- Rochon
- 1:23-cv-05310
- U.S. District Court · Southern District of New York
- 1
In Toro v. Westport Big & Tall, Judge Rochon ordered the parties to discuss settlement and standing and report within 45 days.
The plaintiffs and Westport Big & Tall, LLC, who must participate in settlement discussions and submit the required joint letter.
What happened
Toro v. Westport Big & Tall, LLC is an order requiring the parties to take early steps toward resolving the case. The order does not describe the underlying claims.
The parties must meet for at least one hour within 30 days after service of the summons and complaint to make a good-faith effort to settle. They must discuss whether the plaintiff has the required legal standing and whether court-connected 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, they must ask for mediation or a magistrate-judge settlement conference, or request an initial status conference. Judge Jennifer L. Rochon issued the order.
The detailed version
- Toro v. Westport Big & Tall, LLC · No. 1:23-cv-05310
- Rochon
- June 29, 2023
What the Court Ordered
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 that discussion, they must consider whether the plaintiff has satisfied the threshold requirement of standing, meaning the legal requirement that the plaintiff be entitled to bring the case. They must also discuss whether additional settlement efforts through the court's mediation program or before a magistrate judge would be productive.
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 ask the Court either to refer the case to mediation or to a magistrate judge for a settlement conference, while stating which option the parties prefer, or to proceed with an initial status conference.
Disposition
The Court entered these settlement and case-management directives. The order does not decide the standing issue or the underlying claims. Judge Jennifer L. Rochon signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.