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Ortiz v. Abitino's Pizza 49th Street Corp.

United States District Court, S.D. New York

January 7, 2020

RICARDO ORTIZ ORTIZ and ARIOSTO FAJARDO, individually and on behalf of others similarly situated, Plaintiffs,
v.
ABITINO'S PIZZA 49th STREET CORP. d/b/a ABITINO'S PIZZERIA, ABITINO'S JFK LLC d/b/a ABITINO'S PIZZERIA, MARIO ABITINO, SALVADOR ABITINO, DOMINIQUE ABITINO, Defendants.

          ORDER SCHEDULING SETTLEMENT CONFERENCE

          JAMES L. COTT, UNITED STATES MAGISTRATE JUDGE.

         By Order of Reference dated August 15, 2019 (Dkt. No. 13), Judge Swain referred this case to me for general pretrial supervision, including settlement. The parties and the Court conferred, and agreed that the conference will be held before me on February 25, 2020 at 10:00 a.m. 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 filed five (5) business days prior to the conference, in this case February 18, 2020. 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. Pursuant to the instructions in the Standing Order, the parties should email these materials to CottNYSDChambers@nysd.uscourts.gov. If the ex parte submission, including attachments, is more than 10 pages, the parties should hand deliver or overnight mail a copy to chambers. For settlement conferences scheduled to begin at 10:00 a.m., the parties should arrive at the Courthouse no later than 9:45 a.m. in order to ensure sufficient time to pass through security.

         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 defendants shall respond no later than 7 days thereafter.

         Finally, if defendants intend to claim a financial inability to pay defense, prior to the conference they should make available to plaintiffs any records on which they intend to rely, to the extent they have not already done so. 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 defendants 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.

         Revised September 6, 2013

         STANDING ORDER FOR ALL CASES REFERRED FOR SETTLEMENT TO MAGISTRATE JUDGE JAMES L. COTT

         "You never really understand a person until you consider things fom his point of view - until you climb into his skin and walk around in it." (Atticus Finch in To Kill A Mockingbird)

         Introduction

         The Court believes the parties should fully explore settlement at the earliest practical opportunity. Early consideration of settlement allows the parties to avoid the substantial cost, expenditure of time, ad uncertainty that are typically a part of the litigation process. Even fr those cases that cannot be resolved, early consideration of settlement can provide the parties with a better understanding of the factual and legal nature of their dispute and streamline the issues to be litigated.

         Consideration of settlement is a serious matter that requires thorough preparation prior to the settlement conference. It also requires the earnest consideration of the other side's point of view, as the quote above suggests. Set forth below are the procedures the Court will require the parties and counsel to follow and the procedures the Court typically will employ in conducting the conference.

         1. Confdential Nature of Confrence.

         All settlement conferences are "of the record." All communications relating to settlement are strictly confidential and may not be used fr any purpose. They are not to be ...


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