Opinion
1:21-cv-07229 (JLR)
11-14-2022
ORDER
JENNIFER L. ROCHON UNITED STATES DISTRICT JUDGE
IT IS HEREBY ORDERED that, within 30 days of the date of this Order, 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 Really, 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 Court-annexed Mediation Program or before a magistrate judge would be productive at this time.
IT IS FURTHER ORDERED that within 15 additional days (i.e., within 45 days of the date of this Order), 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.
IT IS FURTHER ORDERED that, if Defendant 129 H&H Realty LLC does not appear, Plaintiff shall file any motion for default judgment no later than 45 days from the date of this Order.
SOORDERED.