Liz v. Caviar & Caviar, LLC

Filing 5

ORDER It is hereby ORDERED that, within thirty (30) days of service of the summons and complaint upon Defendant, the parties must meet and confer for at least one hour in a good-faith attempt to settle this action. In their discussions, the parti es should consider whether plaintiff has satisfied the threshold requirement of standing. See e.g., Calcano v. Swarovski N. Am. Ltd., 36 F.4th 68, 77-78 (2d Cir. 2022); Harty v. W. Point Realty, Inc., 28 F.4th 435, 443-44 (2d Cir.2022). To the ext ent the parties are unable to settle the case themselves, they must also discuss whether further settlement discussions through the districts court-annexed mediation program or before a magistrate judge would be productive at this time. It is FURT HER ORDERED that within fifteen (15) additional days (i.e., within forty-five (45)days of service of the summons and complaint), the parties must submit a joint letter informing the Court whether the parties have settled. If the parties do not reach a settlement, the parties shall in the joint letter request that the Court (1) refer the case to mediation or a Magistrate Judge for a settlement conference (and indicate a preference between the two options), or (2) proceed with an initial status conference. Counsel who have entered a notice of appearance as of the issuance of this Order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules & Practices ("Individual Rules"), available at https://nysd.uscourts.gov/hon-margaret-m-garnett, forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Individual Rules to that party personally. SO ORDERED. (Signed by Judge Margaret M. Garnett on 3/27/2024) (jca)

Download PDF
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PEDRO LIZ, on behalf of himself and all others similarly situated, 03/27/2024 Plaintiff, 24-CV-02179 (MMG) -against- ORDER CAVIAR & CAVIAR, LLC, Defendant. MARGARET M. GARNETT, United States District Judge: It is hereby ORDERED that, within thirty (30) days of service of the summons and complaint upon Defendant, the parties must meet and confer for at least one hour in a good-faith attempt to settle this action. In their discussions, the parties should consider whether plaintiff has satisfied the threshold requirement of standing. See e.g., Calcano v. Swarovski N. Am. Ltd., 36 F.4th 68, 77–78 (2d Cir. 2022); Harty v. W. Point Realty, Inc., 28 F.4th 435, 443–44 (2d Cir. 2022). To the extent the parties are unable to settle the case themselves, they must also discuss whether further settlement discussions through the district’s court-annexed mediation program or before a magistrate judge would be productive at this time. It is FURTHER ORDERED that within fifteen (15) additional days (i.e., within forty-five (45) days of service of the summons and complaint), the parties must submit a joint letter informing the Court whether the parties have settled. If the parties do not reach a settlement, the parties shall in the joint letter request that the Court (1) refer the case to mediation or a Magistrate Judge for a settlement conference (and indicate a preference between the two options), or (2) proceed with an initial status conference. Counsel who have entered a notice of appearance as of the issuance of this Order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court’s Individual Rules & Practices (“Individual Rules”), available at https://nysd.uscourts.gov/hon-margaret-mgarnett, forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Individual Rules to that party personally. Dated: March 27, 2024 New York, New York SO ORDERED. MARGARET M. GARNETT United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?