Dawson v. Moshay Inc.
- Rochon
- 1:23-cv-08354
- U.S. District Court · Southern District of New York
- 1
In Dawson v. Moshay Inc., Judge Rochon ordered settlement discussions and a joint status letter without deciding the case’s merits.
Lashawn Dawson and Moshay Inc., doing business as A4 Apparel.
What happened
In Dawson v. Moshay Inc., the court ordered Lashawn Dawson and Moshay Inc., doing business as A4 Apparel, to meet 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 case.
The parties must discuss whether Dawson has met the legal requirement of standing, meaning a sufficient connection to the dispute to bring the case in court. If they cannot settle, they must also discuss whether mediation or a settlement conference with a magistrate judge would be useful.
Judge Jennifer L. Rochon ordered the parties to submit a joint letter within 15 more days stating whether they settled. If they did not, the letter must request either mediation or a magistrate-judge settlement conference, or an initial status conference. The order did not decide standing or the merits of the case.
The detailed version
- Dawson v. Moshay Inc. · No. 1:23-cv-08354
- Rochon
- Sept. 22, 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 action.
Standing Discussion
The parties were directed to consider whether Lashawn Dawson has satisfied the threshold requirement of standing, meaning whether Dawson has the required connection to the dispute to invoke the court’s authority. The order cited Calcano v. Swarovski N. Am. Ltd. and Harty v. W. Point Realty, Inc. as examples concerning standing. The court did not decide whether Dawson has standing.
Further Settlement Steps
If the parties could not settle the case themselves, they were also required to discuss whether additional settlement efforts through the court-annexed mediation program or before a magistrate judge would be productive.
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 ask the court either to refer the case to mediation or to a magistrate judge for a settlement conference, and identify a preference between those options, or to proceed with an initial status conference.
Disposition
Judge Jennifer L. Rochon entered settlement and case-management directives. The order did not resolve the standing issue, any claim, or the merits of the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.