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S.D.N.Y.Procedural orderFiled June 30, 2023

Velazquez v. City Plumbing & Electric Supply Co.

Judge
Rochon
Docket
1:23-cv-05401
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Velazquez v. City Plumbing & Electric Supply Co., Judge Rochon ordered settlement discussions and a joint status letter, while raising standing for discussion.

Who this affects

Bryan Velazquez and the other plaintiffs, and City Plumbing & Electric Supply Co.

What happened

In Velazquez v. City Plumbing & Electric Supply Co., the court ordered the plaintiffs and City Plumbing & Electric Supply Co. to meet for at least one hour within 30 days after service of the summons and complaint. They must make a good-faith attempt to settle and discuss whether the plaintiff has standing to bring the case.

If the parties cannot settle, they must also discuss whether mediation through the court’s program or a settlement conference before a magistrate judge would be useful. Within 45 days after service, they must send the court a joint letter stating whether they settled.

If they did not settle, the joint letter must ask the court either to refer the case to mediation or a magistrate judge, stating a preference, or to schedule an initial status conference. Judge Jennifer L. Rochon did not decide standing or the underlying claims in this order.

The detailed version

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

Case
Velazquez v. City Plumbing & Electric Supply Co. · No. 1:23-cv-05401
Judge
Rochon
Date
June 30, 2023

Order

The court ordered the parties to meet and confer for at least one hour within 30 days after service of the summons and complaint. The parties must make a good-faith attempt to settle the action.

The court directed the parties to discuss whether the plaintiff satisfied the threshold requirement of standing, meaning the legal requirement that a party have a sufficient connection to the dispute to bring the case. The order cited two Second Circuit decisions concerning standing but did not decide whether standing exists here.

If the parties cannot settle on their own, they must discuss whether additional settlement efforts through the district’s court-annexed mediation program or before a magistrate judge would be productive. Within 15 additional days—45 days after service of the summons and complaint—the parties must submit a joint letter stating whether they settled.

If the case was not settled, the joint letter must ask the court either to refer the case to mediation or to a magistrate judge for a settlement conference, and state the parties’ preference, or to proceed with an initial status conference. The order did not rule on the merits of the plaintiffs’ claims or the defendant’s defenses. Judge Jennifer L. Rochon entered the order on June 30, 2023.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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