Delacruz v. Randolph College, Incorporated
- Rochon
- 1:24-cv-02378
- U.S. District Court · Southern District of New York
- 1
In Delacruz v. Randolph College, Judge Rochon ordered settlement talks and a joint update, while directing the parties to address standing.
Emanuel Delacruz and Randolph College, Incorporated, as the parties required to participate in settlement discussions and submit a joint letter.
What happened
Delacruz v. Randolph College, Incorporated is a proposed class action brought by Emanuel Delacruz against Randolph College, Incorporated.
The court ordered the parties to meet for at least one hour within 30 days after service of the summons and complaint to try in good faith to settle. They must discuss whether Delacruz has standing, meaning a sufficient legal connection to bring the case, and whether court-connected mediation or a settlement conference would help.
Judge Jennifer L. Rochon also ordered the parties to file a joint letter within 45 days after service stating whether they settled. If not, they must ask for mediation or a settlement conference, or request an initial status conference. The order did not decide standing or the merits of the case.
The detailed version
- Delacruz v. Randolph College, Incorporated · No. 1:24-cv-02378
- Rochon
- Apr. 1, 2024
Order
The court issued a settlement and case-management order in an action brought by Emanuel Delacruz on behalf of himself and other similarly situated persons against Randolph College, Incorporated.
Required settlement discussions
Within 30 days after service of the summons and complaint, the parties must meet and confer for at least one hour in a good-faith effort to settle the action. The parties must discuss whether the plaintiff has satisfied the threshold requirement of standing, meaning whether he has the legal ability to bring the case. The order cites two Second Circuit decisions concerning standing.
If the parties cannot settle on their own, they must also discuss whether additional settlement discussions through the district 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 stating whether they have settled. If they have not settled, the letter must request either referral to mediation or a settlement conference before a magistrate judge, while stating a preference between those options, or an initial status conference.
Disposition and scope
Judge Jennifer L. Rochon's order addresses settlement discussions and the next procedural steps. It does not decide whether the plaintiff has standing, resolve the merits of the action, or state a disposition of any claim.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.