Opinion
24-CV-00201 (JMF) (RFT)
01-19-2024
LUIS MERCEDES, on behalf of himself and all others similarly situated, Plaintiffs, v. GEM NATION CORPORATION, Defendant.
ORDER
ROBYN F. TARNOFSKY, UNITED STATES MAGISTRATE JUDGE
IT IS HEREBY ORDERED that, within 30 days of the service of the summons and complaint, 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 the undersigned would be productive at this time.
IT IS FURTHER ORDERED that, within 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 their joint letter, request that the Court either (1) refer the case to mediation, or (2) set a date for a settlement conference, or (3) proceed with an initial case management conference.
SO ORDERED.