Harris v. Kim et al

Filing 82

ORDER: The Court is in receipt of the letter at Dkt. No. 81 requesting a settlement conference. The Courts calendar is full through the end of the year.Should the Parties wish to schedule a settlement conference, the Parties are directed to contact C ourtroom Deputy Christopher Davis via email by November 30, 2023 at [e-mail] to provide three mutually agreeable dates in January, February and March. Any conference will be held in person at Courtroom 228, 40 Foley S quare, New York, New York. Should the Parties prefer a referral to the Courts Mediation Program, they should inform the Court via email by the same deadline. and as set forth herein. SO ORDERED. (Signed by Magistrate Judge Jennifer E. Willis on 11/13/2023) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------------X
MELANIE HARRIS,
Plaintiff,

ORDER

-against-

20-cv-9235 (JGK) (JW)

OSCAR DE LA RENTA, LLC, et al.,
Defendant.
----------------------------------------------------------------JENNIFER E. WILLIS, UNITED STATES MAGISTRATE JUDGE:
The Court is in receipt of the letter at Dkt. No. 81 requesting a settlement
conference. The Court’s calendar is full through the end of the year.
Should the Parties wish to schedule a settlement conference, the Parties are
directed to contact Courtroom Deputy Christopher Davis via email by November
30, 2023 at [e-mail] to provide three mutually
agreeable dates in January, February and March.

Any conference will be held in

person at Courtroom 228, 40 Foley Square, New York, New York. Should the Parties
prefer a referral to the Court’s Mediation Program, they should inform the Court via
email by the same deadline.
Parties must settlement conferences attend in person with their counsel.
Corporate Parties must send the person with decision-making authority to settle the
matter to the conference.

The Parties are required to prepare pre-conference

submissions in accordance with Judge Willis’s Standing Order for All Cases Referred
for Settlement. These letters must be submitted five business days prior to the
date of the conference. See § 3 of the Standing Order, (“no later than 5 business
days before the conference, counsel for each party must send the Court by email a
letter, marked “Confidential Material for Use Only at Settlement Conference,” which
should not be sent to the other parties. The letter should be sent to

[e-mail]. This ex parte letter must not exceed 3
pages…The letter should include, at a minimum, the following: (a) the history of
settlement negotiations, if any, including any prior offers or demands; (b) your
evaluation of the settlement value of the case and the rationale for it; (c) any case law
authority in support of your settlement position; and (d) any other facts that would
be helpful to the Court in preparation for the conference.”).
The Parties are also required to jointly fill out the attached form and
submit it via email at least five business days prior to the conference.
Finally, should either Party wish to discuss a possible declaration of
bankruptcy, a limited ability to pay an award, or lack of access to cash to fund a
settlement, the Parties are strongly encouraged to discuss such issues with opposing
counsel prior to the settlement conference and to provide documents in their
confidential ex parte letters that speak to their financial condition.
SO ORDERED.
DATED:

New York, New York
November 13, 2023

______________________________
JENNIFER E. WILLIS
United States Magistrate Judge

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SETTLEMENT CONFERENCE FORM
This form should be completed jointly by the Parties and emailed to
[e-mail] at least five business days prior
to the conference. The answers to this form will be kept confidential.
Please cite to the relevant docket entry where appropriate.
1. Has a deadline for fact discovery been set in this case? If so, is
discovery closed?
Yes_________ No___________
If yes, the discovery deadline is/was______________
2. Is there a deadline for expert discovery?
Yes_________ No___________
If yes, the expert discovery deadline is/was______________
3. Is either Party waiting to receive records (medical records, payroll
records, expert reports, etc.) important to its case?
Yes_________ No___________
If yes, what are those records?____________________
Is the Party still prepared to settle even without receipt of those documents?
_______________________
4. Has a Motion to Dismiss or Motion on the Pleadings Been Filed?
Yes_________

No___________

If yes, did the District Judge rule on the Motion to Dismiss?
Yes_________

No___________

If yes, please list the surviving claims below:
_________________________
5. Has a Motion for Summary Judgment Been Filed?
Yes_________

No___________
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If yes, did the District Judge rule on the Motion?
Yes_________

No___________

If yes, what did the District Judge rule?
Granted_________

Denied___________ Granted in part ________________

6. Are attorney’s fees part of the damages calculation? If so, to date,
what are the total attorney fees accumulated in the case?
Yes___________ No_____________
If yes, _$_______________
7. What are the estimated attorney fees for each side for the next stages
of the litigation?
Plaintiff $________________

Prefer Not to answer________________

Defendant$________________ Prefer Not to answer________________
8. Are there any financial constraints affecting the settlement
discussions the Court should be aware of?
Yes_________ No___________
If yes, what are those financial constraints?____________________
9. What was Plaintiff’s last best offer? When was this offer made?
$________________
Date of Offer:_____________
10. What was Defendant’s last best offer? When was this offer made?
$________________
Date of Offer:_____________
11. Are there any other impediments to settlement that the Court
should be aware of?
Yes_________ No___________
If yes, please describe.____________________
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