Vercillo v. Medsign International Corporation
- Rochon
- 1:23-cv-02007
- U.S. District Court · Southern District of New York
- 2
In Vercillo v. Medsign International Corporation, Judge Rochon asked the parties whether they would consent to having Magistrate Judge Willis conduct all further proceedings.
The parties to the case were required to discuss consent, meet a two-week deadline, and either submit a consent form or file a joint nonconsent letter. The order also addressed any future appeal and reminded the parties about court approval of most Fair Labor Standards Act settlements.
What happened
In Vercillo v. Medsign International Corporation, the court referred the case to Magistrate Judge Willis for general pretrial purposes and directed the parties to discuss consenting to have Willis conduct all further proceedings.
If both parties consented, they had two weeks to file a signed consent form. If either party did not consent, the parties had to file a joint letter within two weeks saying so without identifying the nonconsenting party. The order said no adverse consequences would result from withholding consent.
Judge Jennifer L. Rochon also stated that appeals would go directly to the United States Court of Appeals for the Second Circuit if the parties consented. The order reminded the parties that most settlements of claims under the Fair Labor Standards Act require court approval and said it did not affect the existing mediation referral.
The detailed version
- Vercillo v. Medsign International Corporation · No. 1:23-cv-02007
- Rochon
- July 17, 2023
Purpose of the Order
The court stated that, by a separate order issued the same day, it was referring the case to the assigned magistrate judge for general pretrial purposes. This order directed the parties to discuss whether they would consent under 28 U.S.C. § 636(c) to having Magistrate Judge Willis conduct all further proceedings.
Consent Procedure
If both parties consented, they had to submit a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form within two weeks of the order’s date. If the court approved the form, all further proceedings would be conducted before Magistrate Judge Willis rather than Judge Rochon’s court.
If any party did not consent, the parties had to file a joint letter within two weeks stating that they did not consent. The letter could not identify which party or parties withheld consent. The court expressly stated that no adverse consequences would result from withholding consent.
Other Matters
The order stated that any appeal from proceedings conducted by Magistrate Judge Willis after consent would go directly to the United States Court of Appeals for the Second Circuit. The court also reminded the parties that, in most cases, settlements of claims under the Fair Labor Standards Act require court approval. Finally, it stated that the order had no effect on the existing mediation referral.
Disposition
This was a case-management and judicial-referral order. It did not decide the parties’ underlying claims or the merits of the dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.