Herrera v. Vulcan Sporting Goods Co.
- Garnett
- 1:24-cv-01816
- U.S. District Court · Southern District of New York
- 1
In Herrera v. Vulcan Sporting Goods Co., Judge Garnett ordered settlement discussions and a joint status letter but decided no merits issues.
Edery Herrera, Vulcan Sporting Goods Co., and counsel or parties who had not yet appeared were affected by the settlement, reporting, and notice requirements.
What happened
In Herrera v. Vulcan Sporting Goods Co., the court ordered the parties to meet for at least one hour within 30 days after service of the summons and complaint and make a good-faith effort to settle. They were told to discuss whether Herrera meets the basic legal requirement of having standing to sue.
If the parties could not settle, the court required them to discuss whether mediation through the court’s program or a settlement conference before a magistrate judge would be useful. Within 45 days after service, they must file a joint letter stating whether they settled and, if not, requesting either mediation or a settlement conference or an initial status conference.
Judge Margaret M. Garnett also directed counsel who had appeared to send the order and the court’s rules to counsel or parties who had not appeared and file proof of that notice. The order did not decide standing, the merits of the case, or any other claim.
The detailed version
- Herrera v. Vulcan Sporting Goods Co. · No. 1:24-cv-01816
- Garnett
- Mar. 11, 2024
Order
The court ordered Edery Herrera and Vulcan Sporting Goods Co. to meet and confer for at least one hour within 30 days after service of the summons and complaint. The parties must make a good-faith effort to settle the action.
Standing Discussion
The parties were specifically directed to consider whether Herrera has standing, meaning the basic legal qualification to bring the lawsuit. The order cited Second Circuit decisions concerning that issue, but it did not decide whether Herrera has standing.
Follow-Up Filing
Within 15 additional days—45 days after service—the parties must file 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 the parties’ preference, or to schedule an initial status conference.
Notice to Counsel and Unappeared Parties
Counsel who had filed notices of appearance when the order was issued must promptly notify counsel for parties who had not appeared by serving the order and Judge Garnett’s Individual Rules and Practices. If the identity of counsel was unknown, the receiving counsel must send those materials directly to the party. Counsel must also file proof that the notice was sent.
Disposition
This is a case-management and settlement order. It does not rule on standing, liability, the merits of Herrera’s claims, or any motion.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.