Ovalles Acosta v. Prudent Management, LLC ( 2020 )

William Cafaro, Esq. FICES OF Louis M. Leon, Esq. ADMITTED IN NY, CA, MD & TX I IAM CAFARO ADMITTED IN NY Email: bcafaro@cafaroesq.com Email: lleon@cafaroesq.com Amit Kumar, Esq. 108 West 39" Street, Suite 602 Matthew S. Blum, Esq. Managing Attorney New York, New York 10018 Of Counsel ADMITTED IN NY & NJ Telephone: 212.583.7400 ADMITTED IN NY Email: akumar@cafaroesq.com Facsimile: 212.583.7401 Email: mblum@cafaroesq.com www.cafaroesg.com Andrew S. Buzin, Esq. Deena L. Buchanan, Esq. Of Counsel Of Counsel ADMITTED IN NY, FL & DC ADMITTED IN NM & NJ September 1, 2020 Via ECF Hon Vernon S. Broderick, U.S.D.J. APPLICATION GRAN hte D United States Courthouse SO ORDERED A Jenn, DEAR” Southern District of New York VERNON S. BRODERICK 40 Foley Square New York, NY 10007 U.S.D.J, 9/5/2020 Re: — Ovalles Acosta v. Prudent Management et al Case No.: 17-cv-07590 Your Honor: This office represents Jose A. Ovalles Acosta (“Plaintiff”) in the above referenced action brought pursuant to the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). We write to request a thirty (30) day extension of time to file a modification to the Settlement Agreement along with a renewed motion for settlement approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). We apologize to the Court for the lateness of this request. On July 23, 2020, the Court denied the Parties’ joint motion to approve the settlement agreement in the above action stating that the release in the agreement was overbroad. Pursuant to the Court’s July 23 Order the Parties were to file a revised settlement agreement on or before August 24, 2020. After consultation with counsel, the Parties drafted a modification to the settlement agreement which is in the process of being reviewed and executed by the Parties. Due to the procedural history of the action, the Plaintiff has asked for more time to specifically review the modification and to receive a written translation of same. Given this, we believe a thirty (30) day extension of time to file the fairness from today until October 1, 2020 will allow the Parties to fully execute the modification to the settlement Agreement. No previous requests for an extension of time have been requested regarding this issue. We thank the Court for its courtesy in this regard. Respectfully Submitted, LAW OFFICE OF WILLIAM CAFARO f k LE By: Amit Kumar, Esq (AK 0822) Attorneys for Plaintiffs 108 West 39" Street, Suite 602 New York, NY 10018 212-583-7400 Akumar@Cafaroesq.com