Concepcion v. 3rd Avenue Heights LLC et al

Filing 49

ORDER The parties shall appear for a telephonic conference on April 4, 2024, at 3:00 p.m. to discuss the parties' revised proposed settlement agreement. See Dkt. 48. At the scheduled time, the parties should call [phone], access code 91762621. The parties should be prepared to discuss whether the scope of the release in the proposed settlement agreement is appropriate. See Lopez v. Nights of Cabiria, LLC, 96 F. Supp. 3d 170, 181 (S.D.N.Y. 2015) ("In this circuit, for exam ple, class action releases may include claims not presented and even those which could not have been presented, but only when the released conduct arises out of the identical factual predicate as the settled conduct." (internal quotation marks omitted)). SO ORDERED. (Telephone Conference set for 4/4/2024 at 03:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 3/26/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JOSE CONCEPCION,
:
:
Plaintiff,
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-v:
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3RD AVENUE HEIGHTS LLC et al.,
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Defendants.
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:
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22 Civ. 7959 (JPC) (JLC)
ORDER

JOHN P. CRONAN, United States District Judge:
The parties shall appear for a telephonic conference on April 4, 2024, at 3:00 p.m. to discuss
the parties’ revised proposed settlement agreement. See Dkt. 48. At the scheduled time, the parties
should call [phone], access code 91762621. The parties should be prepared to discuss
whether the scope of the release in the proposed settlement agreement is appropriate. See Lopez
v. Nights of Cabiria, LLC, 96 F. Supp. 3d 170, 181 (S.D.N.Y. 2015) (“In this circuit, for example,
class action releases may include claims not presented and even those which could not have been
presented, but only when the released conduct arises out of the identical factual predicate as the
settled conduct.” (internal quotation marks omitted)).
SO ORDERED.
Dated: March 26, 2024
New York, New York

__________________________________
JOHN P. CRONAN
United States District Judge