Hiciano et al v. Joyeria Elizabeth I, Corp. et al

Filing 70

ORDER granting 69 Letter Motion for Extension of Time to File. Application GRANTED. No later than December 13, 2023, the parties shall submit the materials required by the Court's October 12, 2023 Order. (Dkt. 68.) SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/13/2023) (vfr)

11/13/2023

November 9, 2023
Via ECF Only
The Honorable Barbara C. Moses
United States Magistrate Judge for the
Southern District of New York
500 Pearl Street
New York, New York 10007
Re:

Hiciano, et. al. v. Joyeria Elizabeth I, Corp., et. al.
Docket No.: 21-cv-04508 (VEC)

Dear Judge Moses:
As the Court knows, we represent the named-Plaintiff and the five opt-in Plaintiffs in the
above-referenced action. On October 12, 2023, the Court ordered the parties to submit their
settlement for approval by November 13, 2023. The parties now write to respectfully request an
extension of this deadline to December 13, 2023. The reason for this request is that the parties
have been unable to finalize a mutually-acceptable form of settlement agreement.
Plaintiffs originally submitted a draft settlement agreement for Defendants’ review on
October 10, 2023. Defendants then presented a revised version on October 24, 2023, to which
they had added a confidentiality and non-disparagement clause – counter to the Court’s order of
October 12, 2023. Plaintiffs then revised said clause to conform to the Court’s Order and submitted
these revisions to Defendants on October 27, 2023. At Defendants’ request, Plaintiffs re-sent these
revisions on November 8, 2023. To date, Plaintiffs have not received either further revisions or
confirmation that the revised language is acceptable to the Defendants. Furthermore, three of the
six Plaintiffs are not proficient in English and will require a Spanish translation of the final
settlement agreement before signing, which will further delay the process. Thus, an additional
thirty days will likely be necessary in order to submit a fully executed settlement agreement to the
Court pursuant to the Court’s Order of October 12, 2023.

This is the parties’ first request to extend this deadline. Granting this request will not affect
any other deadlines. We thank the Court for its attention to this matter.

Respectfully submitted,
____________________
Clela A. Errington
For the Firm
C:

Defendants’ Counsel (via ECF)

Application GRANTED. No later than December 13,
2023, the parties shall submit the materials required
by the Court's October 12, 2023 Order. (Dkt.
68.) SO ORDERED.

_________________________
Barbara Moses
United States Magistrate Judge
November 13, 2023

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