Vachnine v. November 19 LLC

Background

The caption identifies Ness-Lee Vachnine as the plaintiff, suing on behalf of himself and all others similarly situated, and November 19 LLC as the defendant. The order does not state the underlying claims or provide facts about the dispute.

Court’s Orders

The court ordered the parties to meet and confer—that is, to discuss the case directly—for at least one hour within 30 days after service of the summons and complaint. The discussions must be a good-faith attempt to settle the action. The parties should also consider whether Vachnine has satisfied the threshold requirement of standing, meaning the requirement that he be legally entitled to bring the case. If they cannot settle on their own, they must discuss whether further settlement discussions through the court’s mediation program or before a magistrate judge would be productive.

The court separately ordered the parties, within 15 additional days—meaning within 45 days after service of the summons and complaint—to submit a joint letter stating whether they settled. If they did not settle, the joint letter must request either referral to mediation or a settlement conference before a magistrate judge, while indicating which option the parties prefer, or an initial status conference with the court.

What the Order Does Not Decide

The order does not decide whether Vachnine has standing, whether the claims are legally sufficient, or which side is correct on the underlying dispute. It is a case-management and settlement order. Judge Jennifer L. Rochon issued the order on July 20, 2023.