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S.D.N.Y.Procedural orderFiled Apr. 2, 2024

Volfman v. Light Side Corp.

Judge
Rochon
Docket
1:24-cv-02463
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Volfman v. Light Side, Judge Rochon ordered the parties to discuss settlement, consider standing, and report their plans to the court.

Who this affects

Joseph Volfman, Light Side Corp. d/b/a The Black Ant, and 60 Second Avenue Corporation, who must follow the ordered settlement-discussion and reporting deadlines.

What happened

In Volfman v. Light Side Corp., the Southern District of New York ordered Joseph Volfman and the defendants to begin settlement discussions after the case was filed.

Within 30 days after service of the summons and complaint, or after a waiver of service, the parties must meet for at least one hour and make a good-faith effort to settle. They must discuss whether Volfman has satisfied the legal requirement of standing and whether mediation or a settlement conference would help if they cannot settle themselves.

The parties must send a joint letter within 45 days reporting whether they settled and, if not, asking either for mediation or a settlement conference or for an initial status conference. Judge Jennifer L. Rochon issued this order; it does not decide standing or the merits of the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Volfman v. Light Side Corp. · No. 1:24-cv-02463
Judge
Rochon
Date
Apr. 2, 2024

Order

The court ordered Joseph Volfman and Light Side Corp. doing business as The Black Ant, and 60 Second Avenue Corporation, to participate in an initial settlement process.

Required Discussions

Within 30 days after service of the summons and complaint—or, alternatively, within 30 days after waiver of service—the parties must meet and confer for at least one hour in a good-faith attempt to settle the action. During those discussions, they should consider whether the plaintiff has satisfied the threshold requirement of standing, meaning the legal requirement that a party be entitled to bring the case in court. The parties must also discuss whether further settlement discussions through the district's court-annexed mediation program or before a magistrate judge would be productive if they cannot settle the case themselves.

Joint Letter and Next Step

Within 15 additional days, or 45 days after service or waiver of service, the parties must submit 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 a preference between those options, or to proceed with an initial status conference.

What the Order Decided

The order set settlement and case-management requirements. It did not decide whether the plaintiff has standing, resolve any claim, or rule on the merits. Judge Jennifer L. Rochon signed the order.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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