Jones et al v. NYC Crane Hoist & Rigging, LLC et al

Filing 23

ORDER TO SUBMIT SETTLEMENT MATERIALS AND CONCERNING SCHEDULING re: 22 Notice of Settlement filed by Kenneth Rose, Seymour Jones. The parties' application to adjourn all outstanding deadlines sine die in light of their agreement to sett le (ECF No. 22) is GRANTED. The Telephone Conference previously scheduled for Wednesday, October 28, 2020 at 3:30 pm is adjourned sine die. The parties must file their Letter-Motion by Tuesday, October 27, 2020 and should address the claims and defenses, the defendants' potential monetary exposure and the bases for any such calculations, the strengths and weaknesses of the plaintiffs' case and the defendants' defenses, any other factors that justify the discrepancy betwe en the potential value of plaintiffs' claims and the settlement amount, the litigation and negotiation process, as well as any other issues that might be pertinent to the question of whether the settlement is reasonable (for example, the collectability of any judgment if the case went to trial). SO ORDERED. ( Motions due by 10/27/2020.) (Signed by Magistrate Judge Sarah L Cave on 10/13/2020) (va)

Case 1:19-cv-10043-SLC Document 23 Filed 10/13/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SEYMOUR JONES, and KENNETH ROSE,
Plaintiffs,
-v-

CIVIL ACTION NO.: 19 Civ. 10043 (SLC)

NYC CRANE HOIST & RIGGING, LLC., and THOMAS
AURINGER,

ORDER TO SUBMIT SETTLEMENT
MATERIALS AND CONCERNING
SCHEDULING

Defendants.
SARAH L. CAVE, United States Magistrate Judge.
The parties' application to adjourn all outstanding deadlines sine die in light of their
agreement to settle (ECF No. 22) is GRANTED. The Telephone Conference previously scheduled
for Wednesday, October 28, 2020 at 3:30 pm is adjourned sine die.
This case contains one or more claims arising under the Fair Labor Standards Act. In light
of the requirements of Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), the
parties must file a joint Letter-Motion that addresses whether the settlement is fair and
reasonable.
The parties must file their Letter-Motion by Tuesday, October 27, 2020 and should
address the claims and defenses, the defendants’ potential monetary exposure and the bases for
any such calculations, the strengths and weaknesses of the plaintiffs’ case and the defendants’
defenses, any other factors that justify the discrepancy between the potential value of plaintiffs’
claims and the settlement amount, the litigation and negotiation process, as well as any other

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Case 1:19-cv-10043-SLC Document 23 Filed 10/13/20 Page 2 of 2

issues that might be pertinent to the question of whether the settlement is reasonable (for
example, the collectability of any judgment if the case went to trial).
The joint Letter-Motion should also explain the attorney fee arrangement, attach a copy
of any retainer agreement, and provide information as to actual attorneys’ fees expended.
Finally, a copy of the settlement agreement itself must accompany the joint Letter-Motion.

Dated:

New York, New York
October 13, 2020

SO ORDERED
_________________________
SARAH L. CAVE
United States Magistrate Judge

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