Opinion
21-CV-5714 (VEC) (JLC)
05-17-2022
JTRE MANHATTAN AVENUE LLC and JTRE 807 MANHATTAN AVENUE LLC, Plaintiffs, v. CAPITAL ONE, N.A., Defendant.
ORDER
JAMES L. COTT, UNITED STATES MAGISTRATE JUDGE.
By Order of Reference dated April 11, 2022 (Dkt. No. 55), Judge Caproni referred this case to me for settlement. The parties and the Court conferred, and agreed that the conference will be held before me on June 13, 2022 at 10:00 a.m. Unless circumstances permit otherwise, the conference will be held by telephone rather than in person. Counsel should contact chambers using the Court's conference line, (877) 873-8017 (Access Code: 5277586). Using the conference line system, the Court will begin the settlement conference in joint session with all parties on the line before breaking into private session and speaking to the parties individually, as the technology the Court is using should be able to facilitate breakout sessions with each side. If the parties wish to have the Court provide a video platform (Microsoft Teams or Zoom) and not simply proceed telephonically, they may so advise the Court and the Court will then schedule a conference to discuss logistics. If the parties wish to proceed in person, they may write to the Court requesting an in-person conference. in Courtroom 21D, United States Courthouse, 500 Pearl Street, New York, New York.
The Court's “Standing Order for All Cases Referred for Settlement to Magistrate Judge James L. Cott” is enclosed and is incorporated herein by reference. Please read the Standing Order carefully. Failure to comply with the Standing Order may result in sanctions. The parties are directed to pay particular attention to paragraph 5, which sets forth who must appear at the conference on behalf of a corporate party. The parties should also note that paragraph 3 of the Standing Order requires ex parte written submissions to be made five (5) business days prior to the conference, in this case June 6, 2022. Paragraph 4 requires that a copy of the Acknowledgment Form be submitted to opposing parties and another copy be submitted to the Court together with the ex parte settlement letter. Each party must include the name and telephone number of each participant on the Acknowledgement Form. Pursuant to the instructions in the Standing Order, the parties should email these materials to CottNYSDChambers@nysd.uscourts.gov.
Finally, Paragraph 3 of the Standing Order requires that if plaintiffs have not already made a demand, they must do so no later than 14 days prior to the conference, and defendant shall respond no later than 7 days thereafter. Even if plaintiffs have made a demand as part of a court-ordered or private mediation previously attended by the parties, plaintiffs are still required to make (or renew) a demand 14 days prior to the conference, and defendant must respond within 7 days. In other words, the parties should not wait for the settlement conference in order to commence negotiations of a resolution of their dispute.
SO ORDERED.