Sookul v. One & Only Collective Inc

Background

Sanjay Sookul brought this action against One & Only Collective Inc. on behalf of himself and others similarly situated. The opinion does not identify the underlying claims or describe the events giving rise to the lawsuit.

Court’s Order

The court ordered the parties to meet and confer for at least one hour within 30 days after service of the summons and complaint. The meeting must include a good-faith effort to settle the action. The parties must also discuss whether Sookul has satisfied the threshold requirement of standing, meaning an adequate legal basis to bring the case in federal court. The order cited Second Circuit decisions concerning standing but did not decide whether Sookul has standing.

If the parties cannot settle, they must discuss whether additional settlement discussions through the court’s mediation program or before a magistrate judge would be productive. Within 15 additional days—within 45 days after service of the summons and complaint—the parties must submit a joint letter stating whether they settled. If they did not settle, 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.

The court also directed counsel who had appeared when the order issued to send the order and the judge’s Individual Rules and Practices to counsel who had not yet appeared, or personally to the party if counsel’s identity was unknown. The notifying counsel must file proof of that notice with the court.

Disposition and Scope

This is a case-management and settlement order. It does not grant or deny a dispositive motion, decide standing, resolve the underlying claims, or determine whether a class should be certified. Judge Margaret M. Garnett entered the order on May 2, 2024.