Nesbeth v. New York City Management LLC et al

Filing 245

ORDER OF DISCONTINUANCE: It having been reported to this Court that the parties have settled this action, but that settlement requires Court approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015), the parties should advise the Court by March 6, 2020 whether they consent to reference of this case to Magistrate Judge Cave so that she can pass upon the reasonableness of the settlement. If the parties do not consent to reference to Magistrate Judge Cave, the parties should submit a memorandum to the Court no no later than March 20, 2020 explaining the reasonableness of the settlement including any provisions for attorney's fees. The memorandum should include a calculation of the lodestar for any attorney's fees sought by the plaintiff. All pending motions are dismissed as moot. All conferences are canceled. SO ORDERED. (Signed by Judge John G. Koeltl on 2/26/2020) (mml)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NICHOLAS NESBETH, Plaintiff, - against - 17-cv-8650 (JGK) ORDER ~ - 0 .ISCQNTI~CE NEW YORK CITY MANAGEMENT, LLC, ET AL . ' Defendants. JOHN G. KOELTL, District Judge: It having been reported to this Court that the parties have settled this action , but that settlement requires Court approval pursuant to Cheeks v. Freeport Pancake House , Inc ., 796 F . 3d 199 , 206 (2d Cir . 2015) , the parties should advise the Court by March 6, 2020 whether they consent to reference of this case to Magistrate Judge Cave so that she can pass upon the reasonableness of the settlement. If the parties do not consent to reference to Magistrate Judge Cave , the parties should submit a memorandum to the Court no later than March 20, 2020 explaining the reasonableness of the settlement including any provisions for attorney ' s fees. The memorandum should include a calculation of the lodestar for any attorney ' s fees sought by the plaintiff. All pending motions are dismissed as moot . All conferences are canceled . SO ORDERED. Dated : New York, New York February 26, 2020 United States District Judge 2

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