Rivera-Franz v. David 441 LLC

Order

Judge Jennifer L. Rochon directed the parties to meet and confer within 30 days after service of the summons and complaint. The meeting must last at least one hour and involve a good-faith effort to settle the action.

Issues to Discuss

The parties must consider whether Annalisa Rivera-Franz has satisfied the threshold requirement of standing, which concerns whether a plaintiff is legally entitled to bring the case. The order cites Second Circuit decisions addressing standing but does not decide whether Rivera-Franz has standing.

If the parties cannot settle on their own, they must also discuss whether additional settlement discussions through the district court’s mediation program or before a magistrate judge would be productive.

Required Joint Letter

Within 15 additional days—45 days after service of the summons and complaint—the parties must submit a joint letter telling the court whether they settled. If they did not settle, the letter must ask the court either to refer the case to mediation or to a magistrate judge for a settlement conference, while stating a preference between those options, or to proceed with an initial status conference.

Disposition and Scope

The court entered case-management and settlement-related directives. It did not resolve the standing issue, decide any underlying claim, or otherwise rule on the merits. The opinion does not identify the underlying claims in the action.