UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: _________________ ---------------------------------------------------------------X DATE FILED: __1_/_1_8_/_2_0_2_3____ : JOSE ACOSTA, : : Plaintiff, : : ORDER : -v- : 21-CV-10147 (JPO) (JLC) : ABC FIVE WINGS, INC., et ano., : : Defendants. : ---------------------------------------------------------------X JAMES L. COTT, United States Magistrate Judge. WHEREAS, the parties agreed to a settlement of this wage-and-hour case on January 17, 2023; IT IS HEREBY ORDERED that the parties are directed to file a joint letter motion along with their settlement agreement no later than February 17, 2023, 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 Oetken, 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. To the extent the parties do consent to my jurisdiction, I direct the parties to my rulings in Martinez v. Avalanche Construction Group Inc., No. 20-CV-11065 (JLC), 2021 WL 5001415 (S.D.N.Y. Oct. 28, 2021) (unreasonable restrictions on use of social media to publicize settlement stricken); Cruz v. Relay Delivery, Inc., 17-CV- 7475 (JLC), 2018 WL 4203720 (S.D.N.Y. Sept. 4, 2018) (no reemployment provision impermissible and provision related to communication with media should not be overly restrictive); Rivera v. Relay Delivery, Inc., 17-CV-5012 (JLC), 2018 WL 1989618 (S.D.N.Y. Apr. 26, 2018) (release that was broader and thus more favorable to defendants than plaintiff’s narrower release was impermissible); Howard v. Don Coleman Advertising, Inc., 16-CV-5060 (JLC), 2017 WL 773695 (S.D.N.Y. Feb. 28, 2017) (any mutual non-disparagement provision must include carve-out for truthfulness); and Souza v. 65 St. Marks Bistro, 15-CV-327 (JLC), 2015 WL 7271747 (S.D.N.Y. Nov. 6, 2015) (regarding impermissible confidentiality provisions and the proper scope of mutual general releases), for guidance as to permissible and impermissible terms. For recent settlement papers that the Court has approved, the parties are directed to the following cases, as examples: Rodriguez v. Emenike, No. 18-CV-5786 (Dkt. Nos. 36, 38 (settlement agreement); Dkt. No. 37 (court approval order)); Yahuiti v. L Ray LLC, No. 19-CV-1114 (Dkt. No. 24 (settlement agreement); Dkt. No. 25 (court approval order)); De Luna Hernandez v. City Catering, No. 18-CV-3919 (Dkt. No. 49 (settlement agreement); Dkt. No. 50 (court approval order)); and 2 Sanchez v. New York Kimchi Catering Corp., No. 16-7784 (Dkt. No. 98 (settlement agreement) and Dkt. No. 99 (court approval order). SO ORDERED. Dated: January 18, 2023 New York, New York A L. COTT (“4 States Magistrate Judge