Tarr v. Eckroth Music, Co.
- Rochon
- 1:24-cv-03696
- U.S. District Court · Southern District of New York
- 1
In Tarr v. Eckroth Music, Judge Rochon ordered the parties to discuss settlement and submit a joint status letter.
The plaintiff and defendant must meet to discuss settlement, consider the plaintiff’s standing, and submit a joint letter within the ordered deadlines.
What happened
Tarr v. Eckroth Music, Co. is an order about the next steps in the case, not a decision on the parties’ underlying dispute. The court required the parties to meet for at least one hour and make a good-faith effort to settle.
The parties must also discuss whether the plaintiff meets the basic legal requirement of standing, meaning a sufficient connection to the alleged injury to bring the case. If they do not settle, they must consider mediation or a settlement conference before a magistrate judge.
Judge Rochon ordered the parties to file a joint letter within 45 days of service of the summons and complaint. The letter must state whether they settled and, if not, request mediation, a magistrate-judge settlement conference, or an initial status conference.
The detailed version
- Tarr v. Eckroth Music, Co. · No. 1:24-cv-03696
- Rochon
- May 15, 2024
Order
The court ordered the parties to meet and confer within 30 days after service of the summons and complaint. The meeting must last at least one hour and must be a good-faith attempt to settle the case.
Standing Discussion
The court directed the parties to consider whether the plaintiff has satisfied the threshold requirement of standing. Standing is the legal requirement that a plaintiff have a sufficient connection to the alleged injury to bring the case. The order cites Second Circuit decisions addressing standing, but it does not decide whether the plaintiff has standing.
Further Settlement Steps
If the parties cannot settle on their own, they must discuss whether additional settlement discussions through the court-annexed 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 mediation or a magistrate-judge settlement conference, and state a preference between those options, or ask the court to proceed with an initial status conference.
Disposition
Judge Rochon entered case-management and settlement instructions. The order does not resolve the merits of the dispute, rule on standing, or state whether any claim succeeds or fails.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.