Mendez et al v. K & Y Peace Corp. et al

Filing 235

ORDER: For the reasons stated at the status conference held December 5, 2019, the parties are ORDERED to file a final proposed settlement agreement no later than Tuesday, December 11, 2019. No extensions of time will be granted. The plaintiffs are further directed to file a letter accompanying the final proposed settlement explaining why this settlement is fair and reasonable under Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir. 2015), including an accounting of attorney's fee s and the basis for their award. If any plaintiffs are not signatories to the proposed settlement, the Court will consider whether to dismiss those plaintiffs for failure to prosecute under Rule 41. Both parties may address by letter whether absent plaintiffs should be dismissed with or without prejudice. (Signed by Magistrate Judge Sarah Netburn on 12/5/2019) Copies Mailed By Chambers. (ras)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------------X

12/5/2019

MIRIAM MENDEZ et al.,
Plaintiffs,

16-CV-05562 (SN)
ORDER

-againstK&Y PEACE CORP., et al.,
Defendants.
-----------------------------------------------------------------X
SARAH NETBURN, United States Magistrate Judge:

For the reasons stated at the status conference held December 5, 2019, the parties are
ORDERED to file a final proposed settlement agreement no later than Tuesday, December 11,
2019. No extensions of time will be granted.
The plaintiffs are further directed to file a letter accompanying the final proposed
settlement explaining why this settlement is fair and reasonable under Cheeks v. Freeport
Pancake House, 796 F.3d 199 (2d Cir. 2015), including an accounting of attorney’s fees and the
basis for their award. If any plaintiffs are not signatories to the proposed settlement, the Court
will consider whether to dismiss those plaintiffs for failure to prosecute under Rule 41. Both
parties may address by letter whether absent plaintiffs should be dismissed with or without
prejudice.
SO ORDERED.

DATED:

December 5, 2019
New York, New York

cc:

Kwan Chi (by Chambers)
11 Jean Ct.
Old Tappan, NJ 07675
Sun Mi Chi (by Chambers)
11 Jean Ct.
Old Tappan, NJ 07675
Susanne Toes Keane, Esq., limited-scope counsel for Sun Mi Chi – by email

2