Vachnine v. Kaya, Inc
- Rochon
- 1:23-cv-07059
- U.S. District Court · Southern District of New York
- 1
In Ness-Lee Vachnine v. Kaya, Inc., Judge Rochon ordered settlement talks and a joint update while requiring discussion of standing.
Ness-Lee Vachnine and Kaya, Inc.; the order also concerns Vachnine's proposed class action on behalf of others similarly situated.
What happened
Ness-Lee Vachnine v. Kaya, Inc. is a proposed class action in which Vachnine sued Kaya, Inc. The order does not describe the underlying claims.
The court ordered the parties to meet for at least one hour within 30 days after service of the summons and complaint and make a good-faith effort to settle. They must discuss whether Vachnine has standing, meaning a sufficient legal basis to bring the case, and whether further settlement efforts through mediation or a settlement conference would be useful.
Judge Jennifer L. Rochon also ordered the parties to submit a joint letter within 45 days after service stating whether they settled. If they did not, the letter must request mediation or a settlement conference, or ask the court to hold an initial status conference.
The detailed version
- Vachnine v. Kaya, Inc · No. 1:23-cv-07059
- Rochon
- Aug. 11, 2023
Background
Ness-Lee Vachnine brought this action against Kaya, Inc. on behalf of himself and others similarly situated. The opinion does not describe the underlying claims or the relief sought.
Orders Concerning Settlement
The court ordered the parties to meet and confer within 30 days after service of the summons and complaint. The meeting must last at least one hour and must be a good-faith attempt to settle the action. During those discussions, the parties must consider whether Vachnine has standing, meaning the required legal basis to pursue the case, and whether additional settlement discussions through the court's mediation program or before a magistrate judge would be productive.
Within 15 additional days—within 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 ask the court either to refer the case to mediation or to a magistrate judge for a settlement conference, while stating a preference between those options, or to proceed with an initial status conference.
Effect of the Order
The order establishes settlement and case-management steps. It does not decide whether Vachnine has standing, resolve the underlying claims, or state that the case has been dismissed or otherwise finally decided.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.