Herrera v. Gossamer Gear Inc.
- Tarnofsky
- 1:24-cv-01738
- U.S. District Court · Southern District of New York
- 1
In Herrera v. Gossamer Gear, Judge Tarnofsky ordered settlement discussions and a joint status letter before the case proceeds.
Eddy Herrera and Gossamer Gear Inc.; the order also concerns the putative class identified in Herrera's complaint.
What happened
Herrera v. Gossamer Gear Inc. is a putative class action in which the court ordered the parties to meet and confer for at least one hour within 30 days after service of the summons and complaint. They must make a good-faith effort to settle and discuss whether Herrera has satisfied the threshold requirement of standing, meaning a legal basis to bring the case.
Within 45 days after service, the parties must submit a joint letter stating whether they settled. If they did not, the letter must ask the court either to refer the case to mediation, schedule a settlement conference, or proceed with an initial case-management conference.
Judge Robyn F. Tarnofsky issued the order on March 12, 2024. The order does not decide standing, the merits of Herrera's claims, or whether the case may proceed as a class action.
The detailed version
- Herrera v. Gossamer Gear Inc. · No. 1:24-cv-01738
- Tarnofsky
- Mar. 12, 2024
Order
The court ordered Eddy Herrera and Gossamer Gear Inc. to meet and confer within 30 days after service of the summons and complaint. The parties must spend at least one hour making a good-faith attempt to settle the action.
Issues for Discussion
As part of those discussions, the parties should consider whether Herrera has satisfied the threshold requirement of standing. Standing is the legal requirement that a plaintiff have a sufficient connection to the dispute to bring the case. The order also directs the parties to discuss whether additional settlement discussions through the court's mediation program or before Judge Tarnofsky would be productive if they cannot settle themselves.
Required Joint Letter
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 joint letter must request one of three next steps: referral to mediation, a date for a settlement conference, or an initial case-management conference.
Disposition and Scope
This is a procedural order directing settlement-related discussions and a status submission. It does not decide the standing issue, the merits of the claims, or class certification.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.