Lopez Aguilar v. Empire Bagels Harrison Inc. et al

Filing 41

ORDER denying in part 40 Letter Motion for Extension of Time; denying in part 40 Letter Motion to Stay. Application denied to the extent the parties seek a stay of proceedings. The September 30, 2024 deadline to complete fact and expert disco very is extended to November 14, 2024. The October 14, 2024 deadline to file a joint letter concerning settlement/mediation is extended to November 28, 2024. The November 20, 2024 case management conference scheduled is adjourned sine die. In light o f the parties' September 24 letter (Doc. 40) informing the Court that they have reached a settlement in principle, the parties shall file, by October 24, 2024, either: (i) a joint Cheeks submission and fully executed proposed settlement agreem ent, or (ii) a Proposed Judgment pursuant to Federal Rule of Civil Procedure 68. See Mei Xing Yu v. Hasaki Rest., Inc., 944 F.3d 395, 398 (2d Cir. 2019). The Clerk of Court is respectfully requested to terminate the letter motion pending at Doc. 40. SO ORDERED.. (Signed by Judge Philip M. Halpern on 9/24/2024) (jca)

Application denied to the extent the parties seek a stay of proceedings. The September
30, 2024 deadline to complete fact and expert discovery is extended to November 14,
2024. The October 14, 2024 deadline to file a joint letter concerning settlement/mediation
is extended to November 28, 2024. The November 20, 2024 case management
conference scheduled is adjourned sine die.
In light of the parties' September 24 letter (Doc. 40) informing the Court that they have
reached a settlement in principle, the parties shall file, by October 24, 2024, either: (i) a
joint Cheeks submission and fully executed proposed settlement agreement, or (ii) a
Proposed Judgment pursuant to Federal Rule of Civil Procedure 68. See Mei Xing Yu v.

Hasaki Rest., Inc., 944 F.3d 395, 398 (2d Cir. 2019).

The Clerk of Court is respectfully requested to terminate the letter motion pending at Doc.
40.
17472.0002

FILE NO.:

SO ORDERED.

By ECF

Hon. Philip M. Hal _________________
U.S. District Court Philip M. Halpern
Southern District ofUnited States District Judge
300 Quarropas Stre Dated: White Plains, New York
White Plains, New
September 24, 2024
Re:

Lopez Aguilar v. Empire Bagels Harrison, Inc. et al.
Docket No. 7:23-cv-09229-PMH

Dear Judge Halpern:
This firm represents Defendants in the referenced action. On consent of Plaintiff’s
counsel, we write to inform the Court that the parties have reached an agreement, in principle, to
settle this matter. To that end, the parties are working diligently to prepare a settlement
agreement for review by the Court. If approved, the settlement agreement will result in a
discontinuance of this action with prejudice. Given the impending settlement – which will
obviate the need for further discovery – the parties hereby jointly request a stay of the deadlines
to complete fact and expert discovery. The current deadline is September 30, 2024, and the
parties respectfully request an extension, sine die, pending approval of the proposed settlement
agreement. The parties also jointly request a corresponding extension, sine die, of the October
14, 2024 deadline to file a joint letter concerning settlement/mediation. This is the parties’
second request for an extension of time to complete fact discovery, and the first request for an
extension of time to complete expert discovery.
We thank the Court for its time and consideration of this request. If necessary, counsel
will make ourselves available for a conference at the Court’s convenience.
Respectfully submitted,
/s/ Joshua M. Zarcone
Joshua M. Zarcone

NEW YORK
4882-1381-3224v.1

NEW JERSEY

CONNECTICUT

FLORIDA

WASHINGTON, D.C.