Calixto et al v. Prime Square Restaurant Corp. et al

Filing 25

ORDER: It has been reported to the Court that mediation was unsuccessful. By separate order, this case will be referred to Magistrate Judge Moses for general pretrial. It is hereby: ORDERED that, to conserve resources, to promote judicial efficien cy, and in an effort to achieve a faster disposition of this matter, that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before Judge Moses. If the parties consent to proceed before Judge Moses, they must, within two weeks of the date of this Order, submit to the Court a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this Order (and also available at http://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate judge). If the Court approves that form, all further proceedings will then be conducted before Judge Moses rather than before this Court. Any appeal would be tak en directly to the United States Court of Appeals for the Second Circuit, as it would be from this Court if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the Magistrate Jud ge, the parties must file a joint letter, within two weeks of the date of this Order, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. No adverse consequences will res ult from the withholding of that consent. The parties are reminded that, in most cases, settlements of claims under the FLSA must be approved by the Court. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). SO ORDERED. (Signed by Judge Ronnie Abrams on 8/1/2022) (kv)

Case 1:22-cv-02610-RA Document 25 Filed 08/01/22 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
EDUARDO CALIXTO and JORGE
RODRIGUEZ, individually and on behalf of
all others similarly situated,
Plaintiffs,
v.

22-CV-2610 (RA)
ORDER

PRIME SQUARE RESTAURANT CORP.,
FERIT (FRANK) KODZA, and BEKIM
(BENNY) KOXHA,
Defendants.
RONNIE ABRAMS, United States District Judge:
It has been reported to the Court that mediation was unsuccessful. By separate order, this
case will be referred to Magistrate Judge Moses for general pretrial. It is hereby:
ORDERED that, to conserve resources, to promote judicial efficiency, and in an effort to
achieve a faster disposition of this matter, that the parties must discuss whether they are willing to
consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before Judge Moses. If
the parties consent to proceed before Judge Moses, they must, within two weeks of the date of
this Order, submit to the Court a fully executed Notice, Consent, and Reference of a Civil Action
to a Magistrate Judge form, a copy of which is attached to this Order (and also available at
http://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate-judge). If the Court
approves that form, all further proceedings will then be conducted before Judge Moses rather than
before this Court. Any appeal would be taken directly to the United States Court of Appeals for
the Second Circuit, as it would be from this Court if the consent form were not signed and so
ordered.

Case 1:22-cv-02610-RA Document 25 Filed 08/01/22 Page 2 of 3

If any party does not consent to conducting all further proceedings before the Magistrate
Judge, the parties must file a joint letter, within two weeks of the date of this Order, advising
the Court that the parties do not consent, but without disclosing the identity of the party or
parties who do not consent. No adverse consequences will result from the withholding of that
consent.
The parties are reminded that, in most cases, settlements of claims under the FLSA must
be approved by the Court. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir.
2015).
SO ORDERED.
Dated:

August 1, 2022
New York, New York
Ronnie Abrams
United States District Judge

2

Case 1:22-cv-02610-RA Document 25 Filed 08/01/22 Page 3 of 3
AO 85 (Rev. 02/17) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge

UNITED STATES DISTRICT COURT
for the
__________ District of __________
Plaintiff

v.
Defendant

)
)
)
)
)

Civil Action No.

NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE
Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct
all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment
may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge
may exercise this authority only if all parties voluntarily consent.
You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse
substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise
be involved with your case.
Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge
conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings.
Printed names of parties and attorneys

Signatures of parties or attorneys

Dates

Reference Order
IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and
order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73.

Date:
District Judge’s signature

Printed name and title

Note:

Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States
magistrate judge. Do not return this form to a judge.

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