Riley v. DNVB, Inc.

Background

The opinion is an order in Amanie Riley’s case against DNVB, Inc. Riley’s complaint identifies her as bringing the case on behalf of herself and others similarly situated, but this order does not describe the claims or decide whether the case may proceed as a class action.

Orders Regarding Settlement and Standing

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 attempt to settle the action. The parties were directed to consider whether Riley has standing, meaning the legal requirement that a plaintiff have a sufficient personal connection to the dispute. The order cited Second Circuit decisions discussing that threshold issue.

If the parties cannot settle on their own, they must also discuss whether additional settlement discussions through the court’s mediation program or before the magistrate judge would be productive at that time.

Required Joint Letter and Disposition

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 one of three next steps: referral to mediation, a date for a settlement conference, or an initial case-management conference.

The court did not decide the merits of the claims, the standing issue, or class certification. Judge Robyn F. Tarnofsky entered the procedural order requiring these settlement-related steps.