Velasquez et al v. NYC Trucking Corp. et al

Filing 35

MEMO ENDORSEMENT granting 34 MOTION for Extension of Time to File Motion for Approval and Settlement Agreement. ENDORSEMENT: Application GRANTED. The parties must, no later than January 21, 2022, either file a joint letter motion (and the settleme nt agreement), requesting that the Court approve the settlement agreement or, alternatively, provide documentation of approval by DOL. The required contents of the letter motion are set out in the Court's December 8, 2021 Order, see Dkt. 33. The January 14, 2022 conference is CANCELED. If no letter or stipulation is filed by January 21, 2022 a conference shall be held on January 26, 2022 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York 10007. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/10/2022) (jca)

Case 1:20-cv-05229-VEC Document 35 Filed 01/10/22 Page 1 of 2

HELEN F. DALTON & ASSOCIATES, P.C.
ATTORNEYS AT LAW
80-02 Kew Gardens Road, Suite 601, Kew Gardens, NY 11415

January 7, 2022
Via ECF

MEMO ENDORSED

The Honorable Judge Valerie E. Caproni
United States District Court
Southern District of New York
Re: Velasquez et al v. NYC Trucking Corp. et al
1:20-cv-05229-VEC
Dear Judge Caproni:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED:

Our office represents the Plaintiffs in the above-referenced matter and we submit this letter
motion with Defendants’ consent to respectfully request an extension of time to file the parties’
settlement agreement and motion for approval pursuant to Cheeks v. Freeport Pancake House, Inc.,
796 F.3d 199 (2d Cir. 2015). The Cheeks submission is due to the Court by January 8, 2022
pursuant to the Court’s December 8, 2021. We respectfully a two-week extension of time to file
through January 21, 2022.
We request this one brief extension of time as we are in the process of finalizing the
terms and draft of the settlement agreement, which has seen delay due to the holidays and recent
COVID-19 outbreaks in Plaintiff’s counsel’s office. This is the first request for an extension of
time to file the Cheeks submission in addition to prior extension referenced above. Additionally,
we request that the January 14, 2022 conference be adjourned as well as the parties are still
working towards finalizing the settlement submissions.
We thank Your Honor for her consideration on this matter and remain available to
provide any additional information.
Respectfully submitted,
__/s/ James O’Donnell______
James O’Donnell, Esq.

Case 1:20-cv-05229-VEC Document 35 Filed 01/10/22 Page 2 of 2

SO ORDERED.

HON. VALERIE CAPRONI
UNITED STATES DISTRICT JUDGE