Reyes v. Caffe Vetro, Inc.
- Garnett
- 1:24-cv-01746
- U.S. District Court · Southern District of New York
- 1
In Reyes v. Caffe Vetro, Judge Garnett ordered settlement discussions and a follow-up letter without deciding standing or the case’s merits.
The plaintiff, Caffe Vetro, Inc., the other defendants, and their counsel are affected by the required settlement meeting, joint letter, possible referral to mediation or a magistrate judge, and notice obligations.
What happened
Reyes v. Caffe Vetro, Inc. is an order requiring the parties to try to settle the case shortly after each defendant is served with the summons and complaint. The court directed them to discuss whether the plaintiff has standing, but it did not decide that issue.
Within 30 days after service on each defendant, the parties must meet for at least one hour and make a good-faith settlement effort. If they do not settle, they must discuss whether court-connected mediation or a settlement conference with a magistrate judge would help. They must then file a joint letter within 15 more days stating whether they settled and, if not, requesting mediation, a magistrate-judge conference, or an initial status conference.
Judge Margaret M. Garnett also ordered appearing counsel to promptly serve the order and the court’s individual rules on counsel or parties who have not appeared and to file proof of that notice. The order does not resolve the claims, standing, or any other merits issue.
The detailed version
- Reyes v. Caffe Vetro, Inc. · No. 1:24-cv-01746
- Garnett
- Mar. 11, 2024
What the Court Ordered
The court entered a case-management and settlement order. Within 30 days after service of the summons and complaint on each defendant, the parties must meet and confer for at least one hour in a good-faith effort to settle the action.
During those discussions, the parties must consider whether the plaintiff has satisfied the threshold requirement of standing. Standing is the requirement that a plaintiff have a sufficient personal connection to the alleged injury to invoke the court’s authority. The order asks the parties to consider standing but does not rule on whether standing exists.
If the Case Does Not Settle
Within 15 additional days—45 days after service of the summons and complaint—the parties must submit a joint letter stating whether they have settled. If they have not settled, the letter must ask the court either to refer the case to mediation or to a magistrate judge for a settlement conference, while stating which option the parties prefer, or to proceed with an initial status conference.
Notice to Other Parties
Counsel who had filed notices of appearance when the order was issued must promptly provide the order and Judge Garnett’s Individual Rules and Practices to counsel for parties who had not yet appeared. If counsel does not know the identity of a party’s lawyer, counsel must send those materials directly to the party. Counsel must also file proof that the required notice was provided.
Disposition and Scope
This opinion is a procedural order concerning settlement discussions, possible mediation or a settlement conference, and service of court materials. It does not decide standing, the parties’ claims or defenses, or the merits of the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.