Mercer v. 1641 York Property Group, LLC
- Rochon
- 1:24-cv-03485
- U.S. District Court · Southern District of New York
- 1
Mercer v. 1641 York Property Group, Judge Rochon orders parties to meet and confer, consider standing, and report settlement plans.
The parties in Stacey Mercer’s action against 1641 York Property Group, LLC and the other named defendants must follow the settlement-discussion and joint-letter requirements.
What happened
In Mercer v. 1641 York Property Group, LLC et al., the court ordered the parties to meet for at least one hour within 30 days after the summons and complaint are served. They must make a good-faith effort to settle and discuss whether Stacey Mercer has met the requirement of having standing to bring the case.
If the parties cannot settle, they must discuss whether court-connected mediation or a settlement conference before a magistrate judge would be useful. Within 45 days after service, they must send a joint letter stating whether they settled and, if not, asking either for mediation or a magistrate-judge settlement conference or for an initial status conference.
Judge Jennifer L. Rochon issued the order on May 7, 2024. The order does not decide whether Mercer has standing or resolve the underlying claims.
The detailed version
- Mercer v. 1641 York Property Group, LLC · No. 1:24-cv-03485
- Rochon
- May 7, 2024
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 parties must make a good-faith attempt to settle the action.
The court directed the parties to discuss whether Stacey Mercer has satisfied the threshold requirement of standing, meaning the legal requirement that a person be entitled to bring the case. The order cited Second Circuit decisions addressing standing, but it did not decide whether Mercer has 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. Within 15 additional days—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, with a preference stated, or an initial status conference.
Disposition and Effect
This is a procedural order concerning settlement discussions and the next case-management step. The court did not rule on the merits of the claims, resolve standing, or enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.