Liu et al v. Canteen 82 Inc. et al

Filing 76

ORDER: Accordingly, the parties are ORDERED to meet and confer with regard to whether this case can be settled without respect to the three Plaintiffs who have not signed the settlement agreement. On or before February 28, 2020, the parties must either submit the settlement agreement for Cheeks review or submit a letter proposing how the parties would like to proceed with the case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/12/2020) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
XIAOYAN LIU, GUIZHEN LI, LIBERATO
TENELEMA, FENG WU DU, SHUI XIN
MO, CHONG CHEN, and JUN GENG
LI,
Plaintiffs,

17 Civ. 7862 (KPF)
ORDER

-v.CANTEEN 82 INC., ALLEN LI, SONG
ZHENG, and YEH CHING,
Defendants.
KATHERINE POLK FAILLA, District Judge:

On December 12, 2019, the Court was notified that the parties reached a
settlement on all issues in mediation. (Minute Entry for 12/12/19). On
December 13, 2019, the Court ordered the parties to submit their settlement
agreement by December 20, 2019 for the Court’s review in light of Cheeks v.
Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). (Dkt. #71). On
December 17, 2019, Plaintiffs requested a one-month extension of time to
submit the settlement agreement. (Dkt. #72). The Court granted the motion,
giving the parties until January 20, 2020 to submit the settlement agreement
for review. (Dkt. #72).
On January 21, 2020, Plaintiffs asked for another two-week extension
through February 5, 2020, as the parties were still exchanging drafts. (Dkt.

#74). The Court granted the extension, but noted that no further extensions
would be granted. (Dkt. #75).
On February 6, 2019, the Court reached out to counsel for both parties
by email because the Court had still not received the settlement papers.
Plaintiffs’ counsel requested a further extension because two plaintiffs, Chong
Chen and Guizhen Li, have refused to sign the settlement agreement, and
Plaintiffs’ counsel has lost touch with another Plaintiff, Jun Geng Li, who has
not signed the agreement. Plaintiffs’ counsel informed the Court that they
have proposed to Defendants settling the claims with the Plaintiffs who had
signed the agreement, but had not yet heard back from Defendants.
Accordingly, the parties are ORDERED to meet and confer with regard to
whether this case can be settled without respect to the three Plaintiffs who
have not signed the settlement agreement. On or before February 28, 2020,
the parties must either submit the settlement agreement for Cheeks review or
submit a letter proposing how the parties would like to proceed with the case.
SO ORDERED.
Dated: February 12, 2020
New York, New York
KATHERINE POLK FAILLA
United States District Judge

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