Jimenez v. RPKG Holdings, LLC
- Rochon
- 1:23-cv-06559
- U.S. District Court · Southern District of New York
- 1
In Jimenez v. RPKG Holdings, LLC, Judge Rochon ordered the parties to discuss settlement, including standing, and report whether they settled or seek mediation or a status conference.
Vanessa Jimenez and RPKG Holdings, LLC, who must participate in the required settlement discussions and jointly report to the court.
What happened
In Jimenez v. RPKG Holdings, LLC, Vanessa Jimenez sued RPKG Holdings, LLC individually and on behalf of others similarly situated. The order does not describe the claims’ underlying facts or decide whether Jimenez has standing.
The court ordered the parties to meet for at least one hour within 30 days after the summons and complaint were served and to make a good-faith effort to settle. They must discuss whether Jimenez satisfies the threshold requirement of standing and whether mediation or a settlement conference before a magistrate judge would be useful.
Within 45 days after service, the parties must file a joint letter stating whether they settled. If not, they must ask the court to refer the case to mediation or a magistrate judge, indicating their preference, or to schedule an initial status conference. Judge Jennifer L. Rochon issued the order on August 1, 2023.
The detailed version
- Jimenez v. RPKG Holdings, LLC · No. 1:23-cv-06559
- Rochon
- Aug. 1, 2023
Order
The court entered a settlement-related case-management order in an action brought by Vanessa Jimenez, individually and on behalf of all others similarly situated, against RPKG Holdings, LLC.
Required settlement discussions
Within 30 days after service of the summons and complaint, the parties must meet and confer for at least one hour in a good-faith attempt to settle the action. The parties must discuss whether Jimenez has satisfied the threshold requirement of standing, meaning whether she is legally entitled to bring the case. The order cites two Second Circuit decisions concerning standing.
If the parties cannot settle on their own, they must also discuss whether additional settlement discussions through the court’s mediation program or before a magistrate judge would be productive at that time.
Required joint letter
Within 15 additional days—45 days after service of the summons and complaint—the parties must submit a joint letter telling the court 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 the parties’ preference identified, or an initial status conference.
What the order decided
The order does not decide the standing issue, the merits of Jimenez’s claims, or whether the action may proceed as a representative or class action. It directs settlement discussions and sets reporting requirements.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.