Martinez v. Wonderen Stroopwafels LLC
- Rochon
- 1:23-cv-07392
- U.S. District Court · Southern District of New York
- 1
In Martinez v. Wonderen Stroopwafels LLC, Judge Rochon ordered settlement discussions and a joint status letter.
The plaintiffs and Wonderen Stroopwafels LLC, all of whom must participate in the required settlement discussions and joint letter.
What happened
In Martinez v. Wonderen Stroopwafels LLC, the court ordered the parties to try to settle the case early.
Within 30 days after the summons and complaint are served, the parties must meet for at least one hour and discuss settlement, including whether the plaintiff has standing to bring the case. If they cannot settle, they must discuss whether mediation or a settlement conference with a magistrate judge would help.
Within 15 more days, the parties must send a joint letter stating whether they settled. If not, they must ask for mediation or a magistrate-judge settlement conference, or request an initial status conference. Judge Jennifer L. Rochon issued this procedural order without deciding standing or the merits.
The detailed version
- Martinez v. Wonderen Stroopwafels LLC · No. 1:23-cv-07392
- Rochon
- Aug. 25, 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 be a good-faith effort to settle the case.
Issues for Discussion
The parties must consider whether the plaintiff has satisfied the threshold requirement of standing, meaning the legal requirement that a plaintiff be entitled to bring the case. The order cites decisions from the U.S. Court of Appeals for the Second Circuit concerning standing. The parties must also discuss whether additional settlement efforts through the court’s mediation program or before a magistrate judge would be productive if they cannot settle the case themselves.
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 to a magistrate judge for a settlement conference, with a stated preference between those options, or an initial status conference.
Disposition
Judge Jennifer L. Rochon entered this order directing settlement discussions and a follow-up joint letter. The order does not decide whether the plaintiff has standing or resolve the merits of the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.