Samuel Lopez v. 85 First Ave llc

Order

Judge Jennifer L. Rochon ordered Samuel Lopez, 85 First Ave LLC, and A&T Fish and Chips LLC to meet and confer—that is, discuss the case directly—in a good-faith effort to settle it.

Required settlement discussions

The parties must meet for at least one hour within 30 days after service of the summons and complaint, or within 30 days after waiver of service. During those discussions, they should consider whether Lopez has satisfied the threshold requirement of standing, meaning whether he has a sufficient legal basis to bring the action. The order cited Calcano v. Swarovski North America Ltd. and Harty v. West Point Realty, Inc. in connection with that issue.

If the parties cannot settle the case themselves, they must also discuss whether further settlement discussions through the court-annexed mediation program or before a magistrate judge would be productive at that time.

Joint letter and next steps

Within 15 additional days—45 days after service of the summons and complaint, or 45 days after waiver of service—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 settlement conference before a magistrate judge, with the parties' preference identified, or an initial status conference.

The order addressed settlement and case-management steps. It did not decide standing or the merits of the claims.