Swartz v. Palmetto Hospitality of Manhattan III, LLC

Order

The court ordered Helen Swartz and Palmetto Hospitality of Manhattan III, LLC to meet and confer for at least one hour within 30 days after service of the summons and complaint. The discussions must be conducted in good faith and must address whether the parties can settle the action.

The court directed the parties to consider whether Swartz satisfied the threshold requirement of standing. Standing is the requirement that a plaintiff have the necessary connection to bring a case in federal court. The order cited two Second Circuit decisions concerning standing, but it did not decide whether Swartz has standing.

If the parties cannot settle on their own, they must also discuss whether additional settlement efforts through the court-annexed mediation program or before a magistrate judge would be productive at that time.

Required joint letter

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 ask the court either to refer the case to mediation or to a magistrate judge for a settlement conference, and state which option the parties prefer, or to proceed with an initial status conference.

Disposition and scope

This order sets settlement and case-management requirements. It does not resolve the merits of the action, decide the standing issue, or state whether either party will prevail.