Herrara et al v. 12 Water Street Gourmet Cafe, Ltd. et al

Filing 122

ORDER denying without prejudice to renewal 110 Motion to Vacate 110 FIRST MOTION to Vacate 94 Clerk's Judgment,,, 96 Proposed Abstract of Judgment, Default Judgment., 121 JOINT LETTER MOTION for Extension of Time to File case update, the matter is settled in principle addressed to Judge Jesse M. Furman from David Rankin and Scott Korenbaum dated April 18, 2022 ; granting 121 Letter Motion for Extension of Time to File. Application GRANTED. Defend ant's motion to vacate, see ECF No. 110, is hereby DENIED without prejudice to renewal in 45 days if the settlement is not consummated. To be clear, any request to renew the motion must be filed within 45 days. The Clerk of Court is directed to terminate ECF Nos. 110 and 121. SO ORDERED.. (Signed by Judge Jesse M. Furman on 4/19/2022) (jca)

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Case 1:13-cv-04370-JMF-RLE Document 122 Filed 04/19/22 Page 1 of 1 April 18, 2022 212-277-5825 BY ECF Hon. Jesse M. Furman United States District Court Southern District of New York 40 Centre Street, Room 2202 New York, NY 10007 Re: Herrara, et al. v. 12 Water Street Gourmet Café, Ltd., et ano. 13 CV 4370 (JMF) (RLE) Dear Judge Furman: Scott Korenbaum and I represent plaintiffs in this action brought pursuant to, among other things, the Fair Labors Standards Act (“FLSA”). We write to report that we have reached a settlement in principle with defendant Mosin Zindani. We respectfully request permission to update the court in 45 days, which is June 2, 2022, which corresponds to the date agreed upon for payment. Thank you for your consideration of this matter. Respectfully submitted, David B. Rankin Application GRANTED. Defendant's motion to vacate, see ECF No. 110, is hereby DENIED without prejudice to renewal in 45 days if the settlement is not consummated. To be clear, any request to renew the motion must be filed within 45 days. The Clerk of Court is directed to terminate ECF Nos. 110 and 121. SO ORDERED. April 19, 2022

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