Mercedes v. FST America, Inc.
- Rochon
- 1:23-cv-06218
- U.S. District Court · Southern District of New York
- 1
In Mercedes v. FST America, Judge Rochon ordered the parties to discuss settlement, consider standing, and report whether they settled.
Luis Mercedes and FST America, Inc., as well as the other parties represented by Mercedes's asserted group, are affected by the settlement-discussion and reporting requirements.
What happened
In Mercedes v. FST America, Inc., Luis Mercedes sued FST America, Inc. on behalf of herself and others similarly situated. The court ordered the parties to try to settle the case.
Within 30 days after service of the summons and complaint, the parties must meet for at least one hour and discuss settlement in good faith. They must also consider whether Mercedes has standing to bring the case.
If they do not settle, the parties must file a joint letter within 45 days of service stating whether they settled and asking either for mediation, a settlement conference before a magistrate judge, or an initial status conference. Judge Rochon issued the order.
The detailed version
- Mercedes v. FST America, Inc. · No. 1:23-cv-06218
- Rochon
- July 20, 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 meeting must include a good-faith attempt to settle the action.
Standing Discussion
The parties were directed to consider whether Plaintiff had satisfied the threshold requirement of standing, meaning the legal requirement that a plaintiff be entitled to bring the case. The order cited two Second Circuit decisions concerning standing.
Further Settlement Proceedings and Deadlines
If the parties could not settle on their own, they were also required to discuss whether further settlement efforts through the court's 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 they did not settle, the letter must request either referral to mediation or a settlement conference before a magistrate judge, with a stated preference, or an initial status conference.
Disposition
The opinion is an order directing settlement-related discussions and a status report. It does not decide the standing issue, the merits of the claims, or whether the case may proceed as a group action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.