Opinion
1:23-cv-11312 (JLR)
01-03-2024
MARCOS CALCANO, on behalf of himself and all others similarly situated, Plaintiff, v. GROWGENERATION CORP., Defendant.
ORDER
JENNIFER L. ROCHON, United States District Judge:
IT IS HEREBY ORDERED that, within thirty (30) days of service of the summons and complaint - or, alternatively, within thirty (30) days of waiver of service - 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 (that is, within forty-five (45) days of service of the summons and complaint, or, alternatively, within forty-five (45) days of waiver of service), 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.
SO ORDERED.