The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
LAMAR BROWN, on behalf of himself and all
others similarly situated,
Plaintiff,
1:23-cv-01478 (JLR)
-against-
ORDER
FRUTH PHARMACY, INC.,
Defendant.
JENNIFER L. ROCHON, United States District Judge:
This case has been assigned to me for all purposes. IT IS HEREBY ORDERED that, within
thirty (30) days of 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 a magistrate judge would be productive at this time.
IT IS FURTHER ORDERED that within fifteen (15) additional days (i.e., within forty-five
(45) days of service of the summons and complaint), the parties must submit a joint letter informing
the Court whether the parties have settled. Ifthe 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.
Dated: February 23, 2023 SO ORDERED.
New York, New York
a ac L. ROCHON
United States District Judge