DeSimone et al v. TIAA Bank, FSB

Filing 211

ORDER granting #210 Letter Motion to Stay re: #210 JOINT LETTER MOTION to Stay Pending Settlement addressed to Magistrate Judge Barbara C. Moses from Robert D. Soloff, Esquire dated July 29, 2022. Application GRANTED. All pretrial deadlines in this action are hereby STAYED. If and when the parties file their contemplated consent to the undersigned Magistrate Judge, I will issue an order specifying the materials that must be submitted in support of their planned motion for settlement approval under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). SO ORDERED.. (Signed by Magistrate Judge Barbara C. Moses on 8/1/2022) (rro) Modified on 8/9/2022 (rro).

Case 1:20-cv-06492-GHW-BCM Document 211 Filed 08/01/22 Page 1 of 2

LAW OFFICES

ROBERT D. SOLOFF, P.A.
7805 S.W. 6th Court
Plantation, Florida 33324
ROBERT D. SOLOFF
BO RD CERTIFIED

Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

08/01/2022

July 29, 2022

VIA ECF
The Honorable Barbara Moses
U.S.D.C. for the Southern District of New York
Daniel Patrick Moynihan United States Courthouse
500 Pearl Street, Room 740
New York, NY 10007
Re:

DeSimone, et al. v. TIAA Bank, FSB, f/k/a Everbank Financial Corp.
Docket No. 20-cv-06492 GHW/BCM

Dear Judge Moses:
On behalf of all Named Plaintiffs and Opt-In Plaintiffs and Defendant TIAA Bank (the
“Parties”), we advise the Court that the Parties have reached a settlement in principle in this
conditionally-certified FLSA and putative class action case. The settlement will resolve all pending
and putative federal and state law claims. The Parties are working on a comprehensive settlement
agreement.
As the Court will recall, in a prior similar case brought by other former employees of TIAA
Bank (Lesser, et al. v. TIAA Bank, N.A., SDNY Case No. 19-cv-1707), this Court reviewed the
settlement, and provided preliminary and final approval.
The Parties shortly will be submitting a Notice, Consent and Reference to a Magistrate
Judge which will enable this Court to oversee the settlement proceedings.
Accordingly, the Parties request the Court enter an order staying all further proceedings
and deadlines in this case while the Parties prepare settlement documents, and further, that the
Court set a deadline of August 31, 2022, for Class Counsel to file a Motion for Preliminary
Approval of the Settlement.
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Case 1:20-cv-06492-GHW-BCM Document 211 Filed 08/01/22 Page 2 of 2