Gonzalez v. Retrospekt, LLC
- Rochon
- 1:23-cv-06824
- U.S. District Court · Southern District of New York
- 1
In Gonzalez v. Retrospekt, LLC, Judge Rochon ordered settlement discussions and a joint status letter without deciding the case.
Yanilza Gonzalez and Retrospekt, LLC, who must follow the court's settlement-discussion and joint-letter deadlines.
What happened
In Gonzalez v. Retrospekt, LLC, the court ordered Yanilza Gonzalez and Retrospekt, LLC 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 and discuss whether Gonzalez has satisfied the requirement of standing to sue.
If the parties cannot settle, they must also discuss whether court-connected mediation or a settlement conference before a magistrate judge would be useful at that time. The order does not decide whether Gonzalez has standing or resolve the underlying dispute.
Within 15 more days, the parties must send a joint letter stating whether they settled. If not, the letter must ask for mediation or a magistrate-judge settlement conference, with a preference stated, or request an initial status conference. Judge Jennifer L. Rochon issued the order.
The detailed version
- Gonzalez v. Retrospekt, LLC · No. 1:23-cv-06824
- Rochon
- Oct. 18, 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 must discuss whether Yanilza Gonzalez has satisfied the threshold requirement of standing, meaning the legal requirement that a plaintiff be entitled to bring the case. The court cited Second Circuit decisions concerning standing but did not decide the standing issue.
Further Settlement Procedures
If the parties cannot settle on their own, they must discuss whether further discussions through the court-annexed mediation program or before a magistrate judge would be productive at that time.
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 request either referral to mediation or a magistrate-judge settlement conference, and state which option the parties prefer, or an initial status conference.
The order addresses settlement and case-management steps. It does not resolve the merits of Gonzalez's claims or Retrospekt, LLC's defenses.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.