Ruiz Ortega et al v. Ambrosia Bakery Cafe Inc. et al

Filing 94

ORDER: Accordingly, it is ORDERED that Defendants sign and submit the proposed settlement agreement between the parties on or before February 28, 2020. Any failure to do so may result in a finding of contempt. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/10/2020) (rro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
NOEMI RUIZ ORTEGA, et al.,
Plaintiffs,
-v.AMBROSIA BAKERY CAFE INC., et al.,

18 Civ. 2207 (KPF)
ORDER

Defendants.
KATHERINE POLK FAILLA, District Judge:
On November 27, 2019, the parties in this action informed the Court that
they had reached a settlement in principle. (Dkt. #83). On December 2, 2019,
the Court ordered the parties to file their settlement agreement on or before
January 2, 2020, for the Court’s review in accordance with the FLSA and
Second Circuit law. (Dkt. #84). Since that date, the parties have thrice
requested an extension for the filing of the settlement agreement. (Dkt. #86,
88, 90). On January 28, 2020, the Court granted the parties’ third request for
an extension, but warned the parties that no further extensions would be
granted. (Dkt. #91). Moreover, the Court advised that if no settlement
agreement was filed with the Court by February 3, 2020, the Court would have
the parties appear for a conference on the subject. (Id.). Due to unforeseen
circumstances, the Court granted the parties a one-week reprieve and gave the
parties until February 10, 2020, to either file a settlement agreement or appear
before the Court. (Dkt. #93).
On February 10, 2020, the parties appeared before the Court for the
warned-of conference. Defendants’ counsel informed the Court that the delay

in filing was solely due to counsel’s inability to secure the signatures of certain
Defendants located in Greece. Given the circumstances, the Court ordered
Defendants’ counsel to obtain the signatures and file the proposed settlement
agreement by February 28, 2020. The Court warned counsel that failure to
comply with its Order could result in a finding of contempt against counsel and
Defendants.
Accordingly, it is ORDERED that Defendants sign and submit the
proposed settlement agreement between the parties on or before February 28,
2020. Any failure to do so may result in a finding of contempt.
SO ORDERED.
Dated: February 10, 2020
New York, New York
KATHERINE POLK FAILLA
United States District Judge

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