Torres v. Patricias Morris Park Corp.

Background

Brayniel Torres sued Patricias Morris Park Corp. and other defendants individually and on behalf of others similarly situated. The court was informed that mediation had been unsuccessful.

Order

To conserve resources, promote judicial efficiency, and seek a faster resolution, the court ordered the parties to discuss consenting under 28 U.S.C. § 636(c) to having Magistrate Judge Lehrburger conduct all further proceedings. If both parties consented, they were required to submit a fully completed consent-and-reference form within two weeks of the order. If the court approved the form, Magistrate Judge Lehrburger would conduct the remaining proceedings instead of Judge Rochon's court. An appeal from proceedings conducted after consent would go directly to the United States Court of Appeals for the Second Circuit.

If any party did not consent, the parties were required to file a joint letter within two weeks stating that they did not consent, without identifying the party or parties withholding consent. The court stated that withholding consent would not result in adverse consequences. The parties also had to state whether they wanted a settlement conference before Magistrate Judge Lehrburger.

The court reminded the parties that settlements of claims under the Fair Labor Standards Act generally must be approved by the court, citing a Second Circuit decision. This order addressed case management and possible settlement procedures; it did not decide the merits of Torres's claims or the defendants' positions.