Bukhari v. Frank's Newsstand et al

Filing 43

OPINION & ORDER re: 41 FIRST MOTION to Approve Proposed Settlement Agreement filed by Syed Bukhari. For the foregoing reasons, the Court declines to approve the Agreement at this time. The parties may proceed in one of the follow ing three ways. (1) The parties may file a revised agreement by February 2, 2018 that is consistent with the discussion here with regard to the Agreement's release provision. Upon filing of a revised agreement, the Court will then assess th e fairness and reasonableness of the proposed settlement and its provision for attorney's fees and costs. (2) The parties may file a joint letter by February 2, 2018 that indicates their intention to abandon settlement and to continue to lit igate this matter. If they do so, the Court will set a next conference in this matter, which will serve as a pre-motion conference at which the Court will discuss and set a briefing schedule for any motions for summary judgment, or, if no such moti ons are to be filed, set a trial date. (3) The parties may stipulate to a dismissal of this case without prejudice, as such settlements do not, based on the current case law, require court approval. See Martinez, 2016 WL 206474, at *3 (citing Cheeks, 796 F. 3d at 201 n.2). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/23/2018) (anc)