Toro v. Magness NYC, Inc.
- Tarnofsky
- 1:24-cv-01394
- U.S. District Court · Southern District of New York
- 1
In Toro v. Magness NYC, Inc., Judge Tarnofsky ordered the parties to discuss settlement, consider standing, and report their plans to the court.
Andrew Toro, the people he seeks to represent, and Magness NYC, Inc., because the order requires the parties to discuss settlement and standing and to report their next steps to the court.
What happened
In Toro v. Magness NYC, Inc., Andrew Toro sued Magness NYC, Inc. on behalf of himself and others similarly situated. The order does not decide the claims or whether the case may proceed.
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 Toro has met the basic requirement of standing to bring the case and, if they cannot settle, whether court-connected mediation or another settlement conference would help.
Within 45 days after service, the parties must send a joint letter telling the court whether they settled. If not, they must ask the court to order mediation, schedule a settlement conference, or set an initial case-management conference. Judge Robyn F. Tarnofsky issued these instructions.
The detailed version
- Toro v. Magness NYC, Inc. · No. 1:24-cv-01394
- Tarnofsky
- Mar. 4, 2024
Order and Background
Andrew Toro brought this action on behalf of himself and all others similarly situated against Magness NYC, Inc. The opinion is an order concerning settlement discussions and the next procedural steps. It does not resolve the underlying claims.
Required Settlement Discussion
The court ordered 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 the parties must make a good-faith attempt to settle the action.
The parties must also discuss whether Toro has satisfied the threshold requirement of standing, meaning the legal basis for bringing the case. The order cites Calcano v. Swarovski North America Ltd. and Harty v. West Point Realty, Inc. on that issue. If the parties cannot settle on their own, they must discuss whether further discussions through the court’s mediation program or before Judge Tarnofsky would be productive at that time.
Joint Letter and Disposition
Within 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 ask the court to do one of three things: refer the case to mediation, set a settlement-conference date, or proceed with an initial case-management conference.
The court did not decide standing, the merits of Toro’s claims, or any other disputed issue. Judge Robyn F. Tarnofsky entered the settlement and case-management requirements on March 4, 2024.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.