Opinion
21 Civ. 1331 (AT)
06-09-2021
FRANKIE MONEGRO, on behalf of himself and all others similarly situated, Plaintiff. v. THE HUNDREDS IS HUGE, INC., Defendant.
ORDER
ANALISA TORRES. DISTRICT JUDGE
The Court has been advised that all claims asserted herein have been settled in principle. ECF No. 16. Accordingly, the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within sixty days of the date of this Order if the settlement is not consummated.
Any application to reopen must be filed within sixty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same sixty-day period to be so-ordered by the Court. Per Rule IV(C) of the Court's Individual Practices in Civil Cases, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record.
Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case.
SO ORDERED.
NOTICE, CONSENT, AND REFERENCE OF A CTYIL ACTION TO A MAGISTRATE JUDGE
Notice of a magistrate judge's availability. A United State magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order entry of a filial judgment The judgment may men be appealed directly to me United Startles court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent
You may consent to hate your case referred to a magistrate judge. or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case.
Consent to a magistrate judge's authority. The following parties consent to have a United States magistrate judge conduct all proceedings in this case including triad, the entry of final judgment, and all post-trial proceedings.
Reference Order
IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance mm IS U.S.C. § 636(c) and Fed.R.Civ.P. 73.
Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United Stales magistrate judge. Do not return this form to a judge.
UNITED STATES MAGISTRATE JUDGES: REFERRALS AND CONSENTS
All cases in the Southern District of New York are assigned to two judges: a district judge and a magistrate fudge. District judges are appointed for life terms by the President. Magistrate judges are selected by a majority vote of the district judges in the particular district and serve terms of eight years.
Referrals to the Magistrate Judge. The district judge assigned to your case may refer the case to a magistrate judge for specific purposes. Commonly, the referral will be for the magistrate judge to conduct the proceedings that occur before trial, such as resolving discovery disputes or presiding over settlement conferences. A referral may also be made for the magistrate judge to issue to the district judge a report and recommendation on how to resolve a motion, such as a motion to dismiss or a motion for summary judgment The consent of the parties is not needed for the district judge to refer the case to (he magistrate judge for these purposes. If the district judge has made such a referral, you can ask the district judge to review any magistrate judge's decision by filing an objection with the district judge within fourteen days of that decision. The district judge will rule on any timely objections that you file. If you do not file an objection, you will give up your right to challenge the magistrate judge's decision at a later time, including on appeal. See Rule 72 of the Federal Rules of Civil Procedure.
Consent to Proceed Before the Magistrate Judge. If you would like your case to move more quickly, it is helpful to consent to proceed before the magistrate judge for all purposes, including any trial If you consent, die magistrate judge will perform the identical function that the district judge would have performed. Any trial in your case would be either a jury or a nonjury trial, depending upon whether there is a right to a jury trial and a proper request for such a trial. The only difference is that the magistrate judge - and not the district judge - would preside over that trial Cases that proceed for all purposes before a magistrate judge generally move more quickly than cases before a district judge. If you consent to proceed before the magistrate judge, die district judge plays no further role in die case. Any appeal is taken directly to the Court of Appeals. It is your choice whether or not to consent to proceed before the magistrate judge, and all parties must consent or the case will not proceed before the magistrate judge.
A copy of the appropriate consent form is attached. Additional forms are also available from the Pro Se Intake Unit and on the Court's website.