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S.D.N.Y.Procedural orderFiled Oct. 5, 2023

Rambert v. Silvercup Scaffolding I LLC

Judge
Katharine Parker
Docket
1:23-cv-00437
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Rambert v. Silvercup Scaffolding I LLC, Judge Parker set deadlines for settlement-approval filings and magistrate-judge consent, without deciding the case.

Who this affects

Carlton Rambert and the defendants were required to meet the settlement-filing and magistrate-judge-consent deadlines set by the court.

What happened

In Carlton Rambert v. Silvercup Scaffolding I LLC, the parties had reached a settlement, and the court was asked to review whether to approve it. The order does not describe the underlying claims or the settlement’s terms.

The court ordered the parties to submit their signed settlement agreement and a joint request for approval by October 25, 2023. The review would proceed under the requirements identified in Cheeks v. Freeport Pancake House, Inc.

Judge Katharine H. Parker also set October 18, 2023 as the deadline for the parties to consent to having her conduct all further proceedings. If they did not all consent, they had to notify the court without identifying who declined; the order stated that there would be no adverse consequences for declining consent.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Rambert v. Silvercup Scaffolding I LLC · No. 1:23-cv-00437
Judge
Katharine Parker
Date
Oct. 5, 2023

Background

The action had been referred to Magistrate Judge Katharine H. Parker to review and decide whether to approve a settlement reached by the parties. The opinion does not identify the claims in the lawsuit or state the settlement’s terms.

Orders concerning settlement approval

The court ordered the parties to submit an executed settlement agreement and a joint letter motion asking the court to approve the settlement by October 25, 2023. The order states that the request should be made under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015).

Consent to proceed before the magistrate judge

The parties could consent to having Judge Parker conduct all further proceedings. To do so, all parties had to file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form by October 18, 2023. If the court approved the form, further proceedings would be conducted before Judge Parker, and any appeal would go directly to the United States Court of Appeals for the Second Circuit.

If any party did not consent, the parties had to file a joint letter by October 18, 2023 stating that they did not consent, without identifying the party or parties who declined. The order expressly stated that there would be no adverse consequences from declining consent.

Disposition

The court issued an order setting deadlines and procedures for settlement review and possible consent to magistrate-judge jurisdiction. It did not approve or reject the settlement in this order and did not decide the underlying claims.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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