Barreto Pelon et al v. Gabi Operating Corp. et al

Filing 164

ORDER granting 163 THIRD LETTER MOTION for Extension of Time to File FLSA Settlement Agreement. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/10/2022) (jca)

Case 1:19-cv-00502-RWL Document 164 Filed 05/10/22 Page 1 of 1

CSM Legal, P.C.
Employment and Litigation Attorneys
60 East 42nd Street, Suite 4510
New York, New York 10165
_________

Telephone: [phone]
Facsimile: [phone]

May 10, 2022
Via ECF
Hon. Robert W. Lehrburger
United States Magistrate Judge
United States District Court
Southern District of New York
500 Pearl Street
New York, New York 10007
Re:

5/10/2022

Barreto Pelon, et al v. Gabi Operating Corp., et al
Docket No.: 19-cv-00502 (RWL)

Your Honor:
Our office represents Plaintiffs in the above-referenced matter. I write to respectfully
request a third and final extension of time to file the parties’ FLSA settlement agreement and
fairness submission, from today, Tuesday, May 10, 2022, to Friday, May 20, 2022. This is
Plaintiffs’ third request of its kind. The Court granted Plaintiffs’ first two requests, which
Defendants consented to. Defendants will agree, in good faith, to one further extension, as set
forth above, but nothing more.
Plaintiffs apologize for having to submit an application for the within extension. As stated
in Plaintiffs’ previous application to the Court, the parties continue to work diligently to finalize
the terms and conditions of their FLSA settlement agreement, but remain at an impasse with
respect to certain issues. The parties remain hopeful that they can agree to all terms and conditions
of their FLSA agreement by the requested date. However, if the parties are unable to do, then
Plaintiffs will notify the court of same and respectfully request that this matter proceed with
discovery or in such other manner as the Court may direct.
Plaintiffs will be submitting a similar application to the Court with respect to the filing of
the Rule 23 class action settlement agreement and motion for preliminary approval.
Plaintiffs thank the Court for its time and consideration of this matter.
Respectfully submitted,
/s/ William K. Oates_
William K. Oates Esq.
CSM LEGAL, P.C.
Attorneys for Plaintiffs
cc:

Ilan Weiser, Esq. (via ECF)
Attorney for Defendants
Certified as a minority-owned business in the State of New York

5/10/2022