Mark Anthony International SRL et al v. Prime Hydration, LLC

Filing 54

ORDER: As a precondition to the settlement conference scheduled for March 11, 2025, the Court required that the parties "conduct at least one good-faith settlement discussion, in person or by telephone, and that each party convey to each oppo sing party at least one good-faith settlement demand or offer[.]" Settlement Conf. Sched. Order (Dkt. 44) paragraph 2. "Past settlement negotiations may not be relied upon to satisfy this requirement." Id. The Court has received and reviewed the parties' confidential settlement letters. It appears that the parties have failed to confer in person or by telephone as required. It further appears that, while the parties have exchanged emails about reopening their pre-litigation negotiations, neither side has actually made a current and concrete settlement demand or offer. (Signed by Magistrate Judge Barbara C. Moses on 3/6/2025) (rro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MARK ANTHONY INTERNATIONAL
SRL, et al.,
Plaintiffs,

3/6/25
24-CV-07620 (PAE) (BCM)
ORDER

-againstPRIME HYDRATION, LLC,
Defendant.
BARBARA MOSES, United States Magistrate Judge.
As a precondition to the settlement conference scheduled for March 11, 2025, the Court
required that the parties "conduct at least one good-faith settlement discussion, in person or by
telephone, and that each party convey to each opposing party at least one good-faith settlement
demand or offer[.]" Settlement Conf. Sched. Order (Dkt. 44) ¶ 2. "Past settlement negotiations
may not be relied upon to satisfy this requirement." Id.
The Court has received and reviewed the parties' confidential settlement letters. It appears
that the parties have failed to confer in person or by telephone as required. It further appears that,
while the parties have exchanged emails about reopening their pre-litigation negotiations, neither
side has actually made a current – and concrete – settlement demand or offer.
If the parties wish to keep their March 11 settlement conference date, they must meet and
confer in "real time" (i.e., in person or by telephone); exchange good-faith settlement
demands/offers; and, no later than March 10, 2025, at 12:00 noon, jointly submit a confidential
settlement
update
letter
to
chambers
by
email,
addressed
to
[e-mail], marked "Confidential Material for Use Only at
Settlement Conference." The letter must briefly describe the parties' settlement negotiations to
date, including the date and time of the parties' last good-faith, real-time, settlement discussion,
and the terms of each party's most recent demand or offer.
As the parties have been advised, Judge Moses "normally holds only one settlement
conference per case." Settlement Conf. Sched. Order ¶ 2. If the parties cannot meaningfully initiate
the negotiation process in advance of next week's conference, the Court will conclude that they are
not yet prepared to make productive use of that conference, and will adjourn it to a later date.
Dated: New York, New York
March 6, 2025

SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge