Klein v. Phyton Talent Advisors LLC et al

Filing 41

ORDER granting 40 Letter Motion for Extension of Time to File. Application GRANTED. The parties must file the Rule 68 Offer of Judgment by no later than June 1, 2022. All previously scheduled conferences and other deadlines are hereby CANCELLED . The non-FLSA claims are hereby DISMISSED with prejudice and without costs (including attorneys' fees) to either party. If the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, they must submit within t he same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 7.A of the Court's Individual Practices and (2) a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/10/2022) (tg)

Case 1:21-cv-09248-VEC Document 40 Filed 05/09/22 Page 1 of 2
41
05/10/22

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 5/10/2022

MEMO ENDORSED
Thomas A. Linthorst
+1.609.919.6642
[e-mail]

May 9, 2022
The Honorable United States District Judge Valerie E. Caproni
Thurgood Marshall United States Courthouse
40 Foley Square
New York, NY 10007
Re:

Tzvi Klein, and all others similarly situated, vs. Phyton Talent Advisers, LLC and
Societe Generale Americas, Case No. 1:21-cv-9248

Dear Judge Caproni:
We represent Defendant Societe Generale Americas (Societe Generale), and write on behalf
of all Parties in the above-referenced matter. We respectfully submit this letter regarding
the method and proposed schedule for the resolution of this matter.
In this case, Plaintiff Tzvi Klein asserts claims for religious discrimination and
whistleblower retaliation under New Jersey law, and claims for overtime under the Fair
Labor Standards Act (FLSA) and New Jersey law. On March 9, 2022, the Parties
participated in the Southern District of New York’s mediation program and reached an
agreement on all issues. Dkt. 37. On March 11, 2022, Your Honor entered an Order
requiring that if the Parties wished to dismiss Plaintiff’s FLSA claims with prejudice that the
Parties move for approval of the settlement of Plaintiff’s FLSA claims by April 11, 2022.
Dkt. 37. On April 11, 2022, at the Parties’ request, Your Honor extended that deadline until
May 11, 2022.
We write now to update the Court that the Parties plan to resolve Plaintiff’s FLSA claims
via a Fed. R. Civ. P. 68 Offer of Judgment, which does not require Court approval. See Yu
v. Hasaki Restaurant, 944 F.3d 395, 411 (2d. Cir. 2019) (“[T]he FLSA does not require
judicial approval of Rule 68(a) offers of judgment, we decline to extend Cheeks’ judicial
approval requirement to that context.”). In particular, Defendants plan to make an offer of
judgment to Plaintiff in complete resolution of Plaintiff’s FLSA claims. Following
acceptance of the Offer of Judgment by Plaintiff and entry of that Offer of Judgment by the
Court, the Parties then intend to dismiss the remaining non-FLSA claims in this Action with
prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(i) pursuant to a private settlement agreement.
This separate agreement would not include a release of FLSA claims and, therefore, does
not require Court approval. A private non-FLSA settlement agreement is particularly
Morgan, Lewis & Bockius
502 Carnegie Center
Princeton, NJ 08540-6241
United States

LLP

+1.609.919.6600
+1.609.919.6701

A Pennsylvania Limited Liability Partnership | Terry D. Johsnon, Partner-in-Charge

Case 1:21-cv-09248-VEC Document 40 Filed 05/09/22 Page 2 of 2
41
05/10/22

The Honorable Valerie E. Caproni, U.S.D.J.
May 9, 2022
Page 2

appropriate in this case given that Plaintiff has brought claims of religious discrimination
and whistleblower retaliation in addition to his Wage & Hour claims.
If the Court wishes, the Parties are available for a telephonic conference with Your Honor
to discuss this process at a date and time that is convenient to the Court.
In light of the foregoing, the Parties respectfully request that the May 11, 2022 deadline to
request approval of the settlement of Plaintiff’s FLSA claims be adjourned sine die and that
the Court allow the Parties until June 1, 2022 to submit the aforementioned Rule 68 Offer of
Judgment to the Court. We thank the Court in advance for its consideration.
Respectfully Submitted,
/s/Thomas A. Linthorst
Thomas A. Linthorst

TAL/fa
Application GRANTED. The parties must file the Rule 68 Offer of Judgment by no later than June 1,
2022. All previously scheduled conferences and other deadlines are hereby CANCELLED.
The non-FLSA claims are hereby DISMISSED with prejudice and without costs (including attorneys’
fees) to either party. If the parties wish for the Court to retain jurisdiction to enforce their settlement
agreement, they must submit within the same 30-day period: (1) their settlement agreement to the Court
in accordance with Rule 7.A of the Court’s Individual Practices and (2) a request that the Court issue an
order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United
States, 791 F.3d 354 (2d Cir. 2015).
SO ORDERED.

HON. VALERIE CAPRONI
UNITED STATES DISTRICT JUDGE

Date: 5/10/2022