Ramirez et al v. 1701 Pizza Ltd. et al

Filing 40

ORDER re: 39 Final Report of Mediator #1. Having been advised that agreement was reached on all issues in this action (ECF No. 39), the Court will review the settlement agreement pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 19 9, 206 (2d Cir. 2015). It is hereby ORDERED that the parties provide a copy of the settlement agreement to the Court together with a letter explaining why the settlement, including any provision for attorney's fees and costs, is fair, reasonable and adequate under Cheeks. Any such letter or motion shall be filed no later than Tuesday, February 7, 2023, and should address the claims and defenses, the defendants' potential monetary exposure and the bases for any such calculations, the st rengths 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 pro cess, 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). The joint letter or motion should also explain the attorney fee arrangement, attach a copy of the retainer agreement, and provide information as to actual attorney's hours expended and the relevant experience of the attorney(s). Finally, a copy of the settlement agreement itself must accompany the joint letter or motion. The parties may consent to Judge Aaron's jurisdiction for purposes of Cheeks by filing a consent form, which can be found at the following link: https://www.nysd.uscourts.gov/sites/default/files/practice_document /sdaConsentToProceedBeforeUSMagistrateJudge.pdf. SO ORDERED. (Motions due by 2/7/2023.) (Signed by Magistrate Judge Stewart D. Aaron on 1/17/2023) (kv)

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Case 1:21-cv-00792-ALC-SDA Document 40 Filed 01/17/23 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 1/17/2023 Eugenio Ramirez et al., Plaintiffs, -against- 1:21-cv-00792 (ALC) (SDA) ORDER 1701 Pizza Ltd. et al., Defendants. STEWART D. AARON, United States Magistrate Judge: Having been advised that agreement was reached on all issues in this action (ECF No. 39), the Court will review the settlement agreement pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). It is hereby ORDERED that the parties provide a copy of the settlement agreement to the Court together with a letter explaining why the settlement, including any provision for attorney’s fees and costs, is fair, reasonable and adequate under Cheeks. Any such letter or motion shall be filed no later than Tuesday, February 7, 2023, 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 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 or motion should also explain the attorney fee arrangement, attach a copy of the retainer agreement, and provide information as to actual attorney’s hours expended and the relevant experience of the attorney(s). Finally, a copy of the settlement agreement itself must Case 1:21-cv-00792-ALC-SDA Document 40 Filed 01/17/23 Page 2 of 2 accompany the joint letter or motion. The parties may consent to Judge Aaron’s jurisdiction for purposes of Cheeks by filing a consent form, which can be found at the following link: https://www.nysd.uscourts.gov/sites/default/files/practice_documents/sdaConsentToProceed BeforeUSMagistrateJudge.pdf. SO ORDERED. Dated: New York, New York January 17, 2023 ______________________________ STEWART D. AARON United States Magistrate Judge 2

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