Zarate v. New Era Foods One, Inc.

Background

The parties notified the court that mediation was unsuccessful. The opinion does not describe the underlying claims or the parties’ positions on them.

Order Regarding a Magistrate Judge

To conserve resources, promote judicial efficiency, and seek a faster disposition, the court ordered the parties to discuss whether they would consent under 28 U.S.C. § 636(c) to conducting all further proceedings before Magistrate Judge Tarnofsky.

If both parties consented, they were required to submit a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form within two weeks of the order’s date. If the court approved the form, Magistrate Judge Tarnofsky would conduct all further proceedings instead of the district court. An appeal from a final judgment would go directly to the United States Court of Appeals for the Second Circuit.

If any party did not consent, the parties were required to file a joint letter within two weeks stating that they did not consent, without identifying the party or parties who withheld consent. The court stated that withholding consent would not have adverse consequences. The joint letter also had to state whether the parties requested a settlement conference.

Fair Labor Standards Act Reminder

The court reminded the parties that, in most cases, settlements of claims under the Fair Labor Standards Act require court approval. The order cited Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015).

Disposition

Judge Jennifer L. Rochon entered an administrative case-management order requiring the parties to address consent to proceedings before Magistrate Judge Tarnofsky and to report their position within two weeks. The order did not resolve the merits of the underlying dispute.