Perez v. Third Avenue Food Corp. ( 2022 )

DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 4/7/2000 AMILCAR ROMEO PEREZ, individually and on: Behalf of all others similarly situated, et al., : Plaintiffs, : ORDER ~y- 20-CV-9832 (PGG) (JLC) THIRD AVENUE FOOD CORP. d/b/a TIVOLI : CAFE, et al, : Defendants. : JAMES L. COTT, United States Magistrate Judge. WHEREAS, the parties have reported a settlement in principle by letter dated April 6, 2022 (Dkt. No. 64); IT IS HEREBY ORDERED that the settlement conference scheduled for April 14, 2022 is hereby adjourned sine die, as are all other deadlines in the case; IT IS HEREBY FURTHER ORDERED that the parties are directed to file a joint letter motion along with their settlement agreement no later than May 6, 2022, to request court approval. The letter motion should explain why the proposed settlement is fair and reasonable and otherwise complies with the Second Circuit's decision in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). The parties should submit their settlement papers to Judge Gardephe, unless they agree to consent to my jurisdiction to review the settlement under 28 U.S.C. § 636(c). Consent forms are available on the Court website. SO ORDERED. Dated: April 7, 2022 New York, New York A L. COTT (i States Magistrate Judge