Santos v. Nuve Miguel Corp. et al

Filing 102

ORDER denying as moot without prejudice 80 Motion to Certify Class. In light of the current stay of this case and the settlement fairness proceedings in parallel case 22-CV-899 which contemplates dismissal of both cases, Plaintiff's motion for class certification pursuant to FRCP 23 is denied as moot without prejudice to reinstatement in the event the settlement does not receive final approval. The Clerk of Court is respectfully requested to terminate the motion at Dkt. 80. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 11/21/2022) (mml)

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Case 1:21-cv-01335-RWL Document 102 Filed 11/21/22 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------X MARGARITO HERNANDEZ SANTOS, : : Plaintiff, : : - against : : NUVE MIGUEL CORP., et al. : : Defendants. : ---------------------------------------------------------------X 11/21/2022 21-CV-1335 (RWL) ORDER ROBERT W. LEHRBURGER, United States Magistrate Judge. In light of the current stay of this case and the settlement fairness proceedings in parallel case 22-CV-899 which contemplates dismissal of both cases, Plaintiff's motion for class certification pursuant to FRCP 23 is denied as moot without prejudice to reinstatement in the event the settlement does not receive final approval. The Clerk of Court is respectfully requested to terminate the motion at Dkt. 80. SO ORDERED. _________________________________ ROBERT W. LEHRBURGER UNITED STATES MAGISTRATE JUDGE Dated: November 21, 2022 New York, New York Copies transmitted this date to all counsel of record. 1

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