Rhone v. Gomez Western Wear, LLC
- Rochon
- 1:23-cv-07581
- U.S. District Court · Southern District of New York
- 1
In Rhone v. Gomez Western Wear, Judge Rochon ordered the parties to discuss settlement and standing, then report whether to settle, mediate, or request an initial status conference.
Tonimarie Rhone and Gomez Western Wear, LLC, who must meet, discuss settlement and standing, and submit a joint letter under the court’s deadlines.
What happened
In Rhone v. Gomez Western Wear, LLC, the court ordered Tonimarie Rhone and Gomez Western Wear, LLC to meet and confer within 30 days after the summons and complaint were served. They must spend at least one hour making a good-faith effort to settle the case and discuss whether Rhone meets the legal requirement of standing to bring the action.
If the parties cannot settle on their own, they must also discuss whether further settlement discussions through court-connected mediation or before a magistrate judge would be useful at that time. Within 15 more days, they must send the court a joint letter stating whether they settled.
If the case is not settled, the joint letter must ask the court either to refer the case to mediation or a magistrate judge for a settlement conference, while stating which option the parties prefer, or to schedule an initial status conference. Judge Jennifer L. Rochon issued the order on August 30, 2023.
The detailed version
- Rhone v. Gomez Western Wear, LLC · No. 1:23-cv-07581
- Rochon
- Aug. 30, 2023
Order
The court entered a case-management and settlement order requiring the parties to meet and confer within 30 days after service of the summons and complaint. The parties must meet for at least one hour and make a good-faith effort to settle the action.
Standing Issue
During those discussions, the parties must consider whether the plaintiff has satisfied the threshold requirement of standing—the legal requirement that a person be entitled to bring a case in court. The order cites Second Circuit decisions addressing standing.
Further Deadlines and Options
If the parties cannot settle themselves, they must discuss whether additional settlement discussions through the district court’s court-annexed mediation program or before a magistrate judge would be productive at that time. Within 15 additional days, or 45 days after service of the summons and complaint, the parties must submit a joint letter telling the court whether they settled.
If they have not settled, the joint letter must request either referral to mediation or to a magistrate judge for a settlement conference, and state a preference between those options, or an initial status conference. The opinion does not decide the standing issue or any other underlying claim.
Judge
Judge Jennifer L. Rochon issued the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.