Lopez v. Nilou Properties LLC

Order

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 must be a good-faith effort to settle the action.

The parties were directed to consider whether Samuel Lopez satisfied the threshold requirement of standing, meaning whether he is legally entitled to bring the case. The order cited decisions addressing standing but did not decide the issue.

If the parties could not settle the case themselves, they were also required to discuss whether additional settlement discussions through the district’s court-annexed mediation program or before a magistrate judge would be productive at that time.

Required Joint Letter and Notice

Within 15 additional days—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 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.

Counsel who had filed notices of appearance when the order was issued must promptly serve the order and the judge’s Individual Rules on counsel for parties who had not yet appeared, or personally on the party if counsel’s identity was unknown. Those attorneys must file proof of that notice with the court.

Disposition and Scope

This is a case-management and settlement order. It does not rule on standing, the merits of Lopez’s claims, or any defense. The opinion does not state whether the parties ultimately settled.