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S.D.N.Y.Procedural orderFiled Feb. 7, 2024

Dunbar v. Chick&co LLC

Judge
Tarnofsky
Docket
1:24-cv-00801
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Dunbar v. Chick&Co, Judge Tarnofsky ordered the parties to discuss settlement and standing, then jointly report to the court.

Who this affects

Kirkpatrick Dunbar and the defendants in the action must comply with the required settlement discussions and joint-letter deadlines.

What happened

In Kirkpatrick Dunbar v. Chick&Co, LLC, et al., the court issued an order setting early settlement and case-management requirements. The order did not decide the claims or whether anyone had standing to sue.

Within 30 days after the summons and complaint are served, the parties must meet for at least one hour and make a good-faith effort to settle. They must discuss whether Dunbar has met the required threshold for standing and whether court-connected mediation or a settlement conference would help if they cannot settle themselves.

Within 45 days after service, the parties must send a joint letter stating whether they settled. If not, they must ask Judge Robyn F. Tarnofsky to refer the case to mediation, schedule a settlement conference, or hold an initial case-management conference.

The detailed version

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

Case
Dunbar v. Chick&co LLC · No. 1:24-cv-00801
Judge
Tarnofsky
Date
Feb. 7, 2024

Order

The court ordered the parties to begin settlement-related and case-management steps. This order does not resolve the underlying claims and does not decide whether the plaintiff has standing, which is the legal requirement that a person have the necessary connection to bring a case.

Required Settlement Discussion

Within 30 days after service of the summons and complaint, the parties must meet and confer for at least one hour in a good-faith effort to settle the action. During that discussion, they should consider whether the plaintiff has satisfied the threshold requirement of standing. If they cannot settle, they must also discuss whether additional settlement discussions through the District’s court-annexed mediation program or before Judge Tarnofsky would be productive at that time.

Joint Letter and Next Steps

Within 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 request one of three options: referral to mediation, a date for a settlement conference, or an initial case-management conference.

Disposition

The court entered these procedural requirements. The opinion does not state a disposition of any claim, motion, or standing issue.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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