Ray et al v. 1650 Broadway Associates Inc. et al

Filing 195

ORDER: Accordingly, it is hereby ORDERED that the parties provide a joint status letter by October 24, 2022 indicating whether the funds were dispersed, and whether there are any outstanding issues that need to be resolved before closing the above-captioned action. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/18/2022) (ama)

Case 1:16-cv-09858-VSB Document 195 Filed 10/18/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------- X
:
KEVIN RAY, BRIAN ESPOSITO, SAMUEL :
LADD, and JENNA MILLER, Individually
:
and on Behalf of Others Similarly Situated,
:
:
Plaintiffs,
:
:
- against :
:
:
1650 BROADWAY ASSOCIATES INC. d/b/a :
Ellen’s Stardust Diner and Kenneth Sturm,
:
:
Jointly and Severally,
:
Defendants. :
:
--------------------------------------------------------- X

16-CV-9858 (VSB)
ORDER

VERNON S. BRODERICK, United States District Judge:
On June 21, 2022, I ordered Defendants to provide to Plaintiffs’ counsel and the
Settlement Administrator the most current mailing address for the following class members:
Jennifer Bergum, Zach Carter, Megan Dwinal, Jonathan Fleites, Preston Hammond, Daniel
Hersh, Nathan Hilger, Brandy Massey, Gabrielle Saramango, Morgan Smith, Ryan Smith, David
Socolar, Paul Williams, Jennifer Agate, Zach Carter, Christopher Mauro, Matt Patterson, Carly
Kincannon, and Sabrina Surace (the “Nineteen Class Members”). (Doc. 193.) I also directed the
Settlement Administrator to mail checks to the Nineteen Class Members with a void date 60 days
from the date of mailing. (Id.) I directed Plaintiffs’ counsel to file a letter “no later than ninety
days after the mailing of [the] checks” . . . “as to whether [the] checks were received and
deposited by the Nineteen Class Members, along with information stating i) how many estimated
total members of the class were eligible to receive payments under the settlement agreement; ii)
how many class members did receive payments; iii) how much of the settlement fund remains;

Case 1:16-cv-09858-VSB Document 195 Filed 10/18/22 Page 2 of 2

iv) what steps, if any, could be taken to disburse those settlement funds to class members; and v)
the propriety of making a cy pres distribution of any remaining settlement funds.” (Id.) Finally,
I directed the Settlement Administrator to provide counsel for all parties with confirmation of
distribution of the remaining settlement fund. (Id.)
On June 22, 2022, Defendants filed a letter stating that the addresses for the Nineteen
Class Members would be in the possession of the management company and not the Defendants
but indicated that they would attempt to obtain the addresses. (Doc. 194.) In addition, the
Defendants questioned the $7,500 administrator costs cited in Plaintiff’s application and how
those funds would be paid. (Id.)
As of the date of this order, there have been no additional filings on the docket from any
of the parties since June 22, 2022. Accordingly, it is hereby
ORDERED that the parties provide a joint status letter by October 24, 2022 indicating
whether the funds were dispersed, and whether there are any outstanding issues that need to be
resolved before closing the above-captioned action.
SO ORDERED.
Dated: October 18, 2022
New York, New York
______________________
Vernon S. Broderick
United States District Judge

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