Delacruz v. University Games Corporation
- Rochon
- 1:23-cv-06697
- U.S. District Court · Southern District of New York
- 1
In Delacruz v. University Games Corporation, Judge Rochon ordered settlement talks and a joint status report without deciding standing or the merits.
Emanuel Delacruz and University Games Corporation, as well as the other persons identified in the complaint as similarly situated.
What happened
In Delacruz v. University Games Corporation, the court ordered the parties to meet for at least one hour within 30 days after the summons and complaint were served. They must make a good-faith effort to settle the case and discuss whether Delacruz has satisfied the legal requirement of standing.
If the parties cannot settle, they must also discuss whether mediation or a settlement conference with a magistrate judge would be useful. Within 45 days after service, they must submit a joint letter stating whether they settled and, if not, asking the court either to arrange further settlement discussions or to schedule an initial status conference.
Judge Jennifer L. Rochon issued this case-management order on August 2, 2023. The order did not decide whether Delacruz has standing or whether his claims against University Games Corporation have merit.
The detailed version
- Delacruz v. University Games Corporation · No. 1:23-cv-06697
- Rochon
- Aug. 2, 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. They must make a good-faith effort to settle the action.
Issues to Discuss
During those discussions, the parties must consider whether Plaintiff Emanuel Delacruz has satisfied the threshold requirement of standing, meaning the legal requirement that he is entitled to bring the case. The order cited decisions from the U.S. Court of Appeals for the Second Circuit concerning standing.
If the parties cannot settle the case themselves, 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 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 preference between those options, or an initial status conference.
What the Order Decided
Judge Jennifer L. Rochon's order addressed settlement efforts and the next steps in managing the case. It did not decide the standing issue, the merits of Delacruz's claims, or the parties' ultimate rights.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.