Tacuri v. Saggio Restaurant Inc. ( 2020 )

UNITED STATES DISTRICT COURT EDLOECC#:T RONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DATE FILED: 12/29/2020 WILSON TACURI, SECURI TACURI QUITO, individually and on behalf of all others similarly situated, Plaintiffs, No. 20-CV-5219 (RA) v. ORDER SAGGIO RESTAURANT INC., KALKIN NARVALIS, PEDRO NARVALIS, Defendants. RONNIE ABRAMS, United States District Judge: According to the Final Report of Mediator #4 filed on the docket, mediation was unsuccessful. It is hereby: ORDERED that, to conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before Magistrate Judge Moses. If both parties consent to proceed before Judge Moses, they must, by January 13, 2021, submit to the Court a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is available at https://www.uscourts.gov/forms/civil- forms/notice-consent-and-reference-civil-action-magistrate-judge. If the Court approves that form, all further proceedings will then be conducted before Judge Moses rather than before this Court. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be from this Court if the consent form were not signed and so ordered. An information sheet on proceedings before magistrate judges is attached to this Order. If any party does not consent to conducting all further proceedings before the Magistrate Judge, the parties must file a joint letter by no later than January 13, 2021 , advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. No adverse consequences will result from the withholding of that consent. The parties are reminded that, in most cases, settlements of claims under the FLSA must be approved by the Court. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). SO ORDERED. Dated: | December 29, 2020 Uf New York, New York □□ ( AC Ronnie Abrams United States District Judge