Castro v. Southeastern Career Apparel, Inc.

Order

The court ordered Felix Castro and Southeastern Career Apparel, Inc. to meet and confer for at least one hour in a good-faith effort to settle the action. That discussion must occur within 30 days after service of the summons and complaint.

Standing and Further Settlement Discussions

The parties were directed to consider whether Castro satisfied the threshold requirement of standing, meaning whether he had the required legal basis to bring the case in federal court. The court cited Second Circuit decisions concerning standing but did not rule on whether Castro had standing.

If the parties could not settle the action themselves, they also had to discuss whether additional settlement efforts through the district court’s mediation program or before a magistrate judge would be productive at that time.

Joint Letter and Disposition

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 to a magistrate judge for a settlement conference, while stating the parties’ preference, or an initial status conference.

This order set settlement and case-management requirements. It did not resolve the claims, decide standing, or enter a judgment on the merits. Judge Jennifer L. Rochon issued the order on September 12, 2023.