Liz v. Caviar & Caviar, LLC

Order’s purpose

The order establishes early settlement and case-management requirements in Pedro Liz’s action against Caviar & Caviar, LLC. The caption states that Liz brings the action on behalf of himself and others described as similarly situated.

Required settlement discussions

Within 30 days after service of the summons and complaint on Caviar & Caviar, LLC, the parties must meet and confer for at least one hour. They must make a good-faith attempt to settle the action. During those discussions, they should consider whether Liz has satisfied the threshold requirement of standing, meaning a legally sufficient basis to pursue the case in court. The order cites decisions discussing standing.

If the parties cannot settle on their own, they must also discuss whether additional settlement discussions through the court’s mediation program or before a magistrate judge would be productive at that time.

Joint letter and next steps

Within 15 additional days—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 letter must request either referral to mediation or to a magistrate judge for a settlement conference, with a preference between those options, or an initial status conference.

Notice obligations

Counsel who had filed notices of appearance when the order issued must promptly provide the order and Judge Garnett’s Individual Rules and Practices to counsel for parties who had not yet appeared and file proof of that notice. If the receiving counsel does not know the identity of another party’s counsel, the receiving counsel must send the materials directly to that party.

Disposition and scope

The court entered an order requiring settlement discussions, a later joint letter, and specified notice procedures. It did not decide standing, the merits of Liz’s claims, or whether any class would be certified. The opinion does not state whether the parties ultimately settled.