Bethel v. Bluemercury, Inc.

Filing 88

ORDER granting 87 Motion re: 87 CONSENT MOTION Permission to Appear Telephonically at Final Approval Hearing re: 86 CONSENT MOTION For Final Approval of Settlement re: 85 Notice (Other) . . Application GRANTE D. In the future, the Court asks Plaintiff to file requests of this nature at least one week prior to the scheduled hearing. The parties are hereby ORDERED to appear by telephone for the Final Approval hearing on March 27, 2024, at 3:00 p.m. The dia l-in information is as follows: At 3:00 p.m., the parties shall call [phone] and enter access code 5123533. Please note, the conference will not be available prior to 3:00 p.m. The Clerk of Court is directed to terminate the pending motion at docket entry 87. (Signed by Judge Katherine Polk Failla on 3/26/2024) (rro)

951 Yamato Road, Suite 285 | Boca Raton FL 33431
Tel [phone] | Fax [phone]
www.shavitzlaw.com

March 26, 2024
Via ECF
The Honorable Katherine Polk Failla
United States District Court
Southern District of New York
40 Foley Square
New York, New York 10007
Re:

MEMO ENDORSED

Bethel v. Bluemercury, Inc. 1:21-cv-02743-KPF
Request for Extension of Time to File Motion for Final Approval

Honorable Judge Failla:
This firm represents Plaintiffs in the above-referenced matter. We are writing regarding the
hearing on Plaintiffs’ Unopposed Motion for Final Approval of the Parties’ Settlement, which is
presently scheduled for hearing on March 27, 2024 at 3:00PM.
The Plaintiff’s filed their Motion for Final Approval on March 20, 2024. In the Motion,
Plaintiff noted that there were no objectors to the settlement, nor did any Class Member opt out of
the settlement, which is one of the key issues to resolve at a final approval hearing.
In light of there being no objectors or opt outs, and noting that Defendant does not object
to the relief sought in the Motion, Plaintiffs’ counsel respectfully requests permission to appear
remotely via zoom or telephonically for the hearing. The undersigned, who is the attorney most
familiar with the case, is based out of Shavitz Law Group’s Boca Raton, Florida office, which
would require 3 hours of air travel each way to attend the hearing. Therefore, Plaintiff’s Counsel
would appreciate the Court’s accommodation under the circumstances.
Before submitting this request, Plaintiffs’ Counsel conferred with Defense Counsel, who
advised there was no objection to the relief sought.
Respectfully submitted,

Camar R. Jones, Esq.
Cc: Erica Clifford, Esq. (via ECF)
Michael J. Palitz, Esq. (via ECF)

Application GRANTED. In the future, the Court asks Plaintiff to
file requests of this nature at least one week prior to the
scheduled hearing.
The parties are hereby ORDERED to appear by telephone for the
Final Approval hearing on March 27, 2024, at 3:00 p.m. The
dial-in information is as follows: At 3:00 p.m., the parties
shall call [phone] and enter access code 5123533. Please
note, the conference will not be available prior to 3:00 p.m.
The Clerk of Court is directed to terminate the pending motion
at docket entry 87.
Dated:

March 26, 2024
New York, New York

SO ORDERED.

HON. KATHERINE POLK FAILLA
UNITED STATES DISTRICT JUDGE