Delacruz v. Knox College

Order and requirements

The court ordered Emanuel Delacruz and Knox College to meet and confer—meaning meet and discuss the case—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. As part of those discussions, they must consider whether Delacruz has satisfied the threshold requirement of standing, which concerns whether a person is legally entitled to bring a case.

If the parties cannot settle on their own, they must also discuss whether further settlement discussions through the court’s mediation program or before a magistrate judge would be productive at that time. Within 15 additional days, or 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 mediation or a settlement conference before a magistrate judge, and state a preference between those options, or request an initial status conference.

Notice to parties and disposition

Counsel who had entered an appearance when the order was issued must promptly provide the order and Judge Garnett’s Individual Rules and Practices to counsel for parties who had not appeared, and file proof of that notice. If counsel do not know the identity of another party’s lawyer, they must send those materials directly to that party.

This order addresses settlement and case administration. It does not decide whether Delacruz has standing, resolve any claim, or determine the merits of the dispute. The court entered the requirements described above by order of Judge Margaret M. Garnett.