Hernandez v. Oxford Industries, Inc.
- Rochon
- 1:23-cv-08362
- U.S. District Court · Southern District of New York
- 1
In Hernandez v. Oxford Industries, Judge Rochon ordered the parties to meet, discuss settlement and standing, and report whether to settle or proceed.
Marlelis Hernandez and Oxford Industries, Inc., the parties required to participate in the settlement discussions and submit the joint letter.
What happened
In Hernandez v. Oxford Industries, Inc., the court ordered the parties to meet for at least one hour within 30 days after the summons and complaint were served. They must make a good-faith effort to settle and discuss whether the plaintiff has met the requirement of having standing to bring the case.
Within 15 more days, the parties must file a joint letter telling the court whether they settled. If not, they must ask the court either to refer the case to mediation or a settlement conference before a magistrate judge, and state which they prefer, or to schedule an initial status conference.
Judge Jennifer L. Rochon issued the order on September 27, 2023. The order sets settlement and case-management requirements; it does not decide the claims or the standing issue.
The detailed version
- Hernandez v. Oxford Industries, Inc. · No. 1:23-cv-08362
- Rochon
- Sept. 27, 2023
What the court ordered
The court ordered Marlelis Hernandez and Oxford Industries, Inc. to meet and confer for at least one hour within 30 days after service of the summons and complaint. The parties must make a good-faith attempt to settle the action.
During those discussions, the parties must consider whether Hernandez has satisfied the threshold requirement of standing, meaning whether she has the legal ability to bring the case. The order cites Second Circuit decisions concerning standing but does not decide whether Hernandez has standing.
If the parties cannot settle on their own, they must also discuss whether additional settlement efforts through the court-annexed mediation program or before a magistrate judge would be productive at that time.
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 ask the court either to refer the case to mediation or to a settlement conference before a magistrate judge, while stating a preference between those options, or to proceed with an initial status conference.
Result
This order establishes settlement and case-management procedures. It does not rule on the merits of the case, the standing issue, or any claim.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.