Milburn v. Dogin et al

Filing 834

ORDER granting 833 Letter Motion for Extension of Time to File. The parties shall submit their proposed final version of the executed Modified Consent Order no later than February 20, 2024. Plaintiffs' counsel shall file an application for fees and costs by March 6, 2024, or fourteen days after the Court endorses the final Modified Consent Order, whichever is earlier. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/16/2024) (tg)

LAW OFFICE OF AMY JANE AGNEW

Honorable Loretta A. Preska
Senior Justice, United States District Court
Southern District of New York
500 Pearl Street
New York, New York 10007
January 24, 2024
VIA ECF
Re:

Bariquete v. Martuscello, et al., 79-cv-5077
Submission of Modified Consent Order

Dear Judge Preska:
Class Counsel writes to inform the Court that we will be submitting a final
form of Stipulation and Order for the Modified Consent Order on February 20, 2024.
Pursuant to the Class Action Fairness Act (“CAFA”) Defendants submitted notice
of the parties’ settlement to the Department of Justice on November 22, 2023. (Dkt.
no. 811.) Under CAFA, a district court may not approve a settlement until 90 days
after Notice is given. 28 U.S.C. § 1715(d). I do apologize for not bringing this to the
Court’s attention at the Fairness Hearing. Out of an abundance of caution, the parties
would like to respectfully submit a final version of the dually executed Modified
Consent Order for the Court’s execution on February 20, 2024. This will ensure that
we have complied with CAFA regulations.
In conformity with the above, this Office also respectfully requests leave to
file its fees and costs application with the Court by March 6, 2024, or 14 days after
the Court’s endorsement of the Modified Consent Order, whichever is earlier.
With our thanks for the Court’s continuing courtesies.
Very truly yours,
/s/ AJ Agnew
Amy Jane Agnew, Esq.

New York Office
24 Fifth Avenue, Suite 1701
New York, NY 10011

[phone]

[e-mail]

New Jersey Office
36 Page Hill Road
Far Hills, NJ 07931

cc:

Counsel of Record (VIA ECF)
The parties shall submit their proposed final
version of the executed Modified Consent
Order no later than February 20, 2024.
Plaintiffs' counsel shall file an application
for fees and costs by March 6, 2024, or
fourteen days after the Court endorses the
final Modified Consent Order, whichever is
earlier.
SO ORDERED.
Dated:

February 16, 2024

____________________________
LORETTA A. PRESKA, U.S.D.J.

New York Office
24 Fifth Avenue, Suite 1701
New York, NY 10011

[phone]

[e-mail]

New Jersey Office
36 Page Hill Road
Far Hills, NJ 07931