Alexander Gomez v. Cirlio Lozada

Nature of the Order

This is a case-management and settlement order. The court did not decide the merits of Alexander Gomez’s claims or whether the defendants were liable.

Settlement Discussions

The court ordered the parties to meet and confer for at least one hour in a good-faith attempt to settle the action. The meeting must occur within 30 days after service of the summons and complaint, or within 30 days after waiver of service.

During those discussions, the parties were directed to consider whether Gomez satisfied the threshold requirement of standing. Standing is the legal requirement that a plaintiff have a sufficient personal connection to the alleged harm to invoke the court’s authority. The order cited decisions from the U.S. Court of Appeals for the Second Circuit concerning standing.

If the parties could not settle the case themselves, they were also required to discuss whether additional settlement discussions through the district court’s court-annexed mediation program or before a magistrate judge would be productive at that time.

Required Joint Letter

The court ordered the parties to submit a joint letter within 15 additional days, or within 45 days after service of the summons and complaint or waiver of service. The letter must tell the court whether the case settled.

If the case did not settle, the parties must use the joint letter to request either mediation or a settlement conference before a magistrate judge, while stating a preference between those options, or an initial status conference.

Disposition and Effect

Judge Jennifer L. Rochon entered the settlement and case-management directives described above. The order was procedural and did not rule on standing, dismiss any claim, or resolve the underlying dispute.