Escobar Montiel et al v. Shamrock Saloon II LLC et al

Filing 83

ORDER: The Court is prepared to reopen the case and vacate the Agreement. If the plaintiffs wish to reopen the case and vacate the Agreement, they should submit a letter to that effect by August 21, 2020. In any letter so requesting, plaintiffs s hould propose an expedited schedule for the completion of pretrial proceedings. Defendants' response, if any, to the proposed schedule is due August 25, 2020. (As further set forth in this Order.) (Signed by Judge Paul A. Engelmayer on 8/18/2020) (cf) Modified on 8/18/2020 (cf).

Case 1:17-cv-05550-PAE Document 83 Filed 08/18/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
HERMELINDO ESCOBAR MONTIEL, et al.,
-v-

Plaintiffs,

SHAMROCK SALOON II LLC, et al.,

17 Civ. 5550 (PAE)
ORDER

Defendants.
PAUL A. ENGELMAYER, District Judge:
On September 6, 2019 the parties submitted a proposed settlement agreement, Dkt. 74
(“Agreement”), in this Fair Labor Standards Act (“FLSA”) and New York Labor Law action in
accordance with Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). On
September 10, 2019, this Court reviewed and approved the Agreement. Dkt. 75.
On July 19, 2020, plaintiffs filed a letter-motion reporting that defendants had failed to
make the first installment payment of the Agreement, due October 10, 2019, and requesting that
the action be reopened. See Dkt. 81. The Court set the deadline for defendants’ opposition to
August 7, 2020. Dkt. 82. Defendants did not file any opposition.
The Court is prepared to reopen the case and vacate the Agreement. If the plaintiffs wish
to reopen the case and vacate the Agreement, they should submit a letter to that effect by August
21, 2020. In any letter so requesting, plaintiffs should propose an expedited schedule for the
completion of pretrial proceedings. Defendants’ response, if any, to the proposed schedule is
due August 25, 2020.

Case 1:17-cv-05550-PAE Document 83 Filed 08/18/20 Page 2 of 2

PaJA.�

SO ORDERED.

__________________________________
PAUL A. ENGELMAYER
United States District Judge

Dated: August 18, 2020
New York, New York

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