Abreu et al v. Fairway Market LLC et al
| Jose Abreu, Sergio De Los Santos, Ronald DeJesus, Victor Fermin, Luis Nunez Peralta, Angel Rivera, Renee Rodriguez and Dionicio Estrella |
| Fairway Market LLC, Fairway Group Holdings, Corp., Fairway Chelsea, LLC, Fairway Uptown, LLC and Fairway Woodland Park LLC |
| 1:2017cv09532 |
| December 5, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E. Caproni |
| Labor/Management Relations |
| 29 U.S.C. ยง 185 |
| None |
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Filing
52
ORDER: IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Cler k of Court is respectfully directed to terminate all open motions and to CLOSE the case. Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the p arties' settlement and must be filed within 30 days. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis. Additionally, if the parties wish for the Court to retain jurisdiction to enforce thei r 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 retain ing jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). The Clerk of Court is respectfully directed to lift the stay in this case, to terminate all open motions, and to close this case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/7/2022) (tg)
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Filing
45
ORDER: IT IS HEREBY ORDERED that by no later than Friday, February 19, 2021, the parties must file a joint status letter updating the Court on the status of the arbitration and on whether the bankruptcy stay has been lifted. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/08/2021) (ama)
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Filing
36
OPINION AND ORDER re: 21 FIRST MOTION for Leave to File Amended Complaint . filed by Victor Fermin, Jose Abreu, Luis Nunez Peralta, Angel Rivera, Ronald DeJesus, Sergio De Los Santos, Dionicio Estrella, Renee Rodriguez, 6 MOTION to Compel Arbitration . MOTION to Dismiss for Lack of Jurisdiction . filed by Fairway Market LLC, Fairway Chelsea, LLC, Fairway Woodland Park LLC, Fairway Group Holdings, Corp., Fairway Uptown, LLC. Accordingly, th e motion to compel arbitration is granted. When compelling arbitration, the Court is required to grant a stay, rather than dismiss the case, if either party so requests. See 9 U.S.C. § 3; Katz v. Cellco Parnership, 794 F.3d 341, 347 (2d Cir. 2 015). Neither party has yet requested a stay, but the Court will delay dismissal of this case for ten (10) days to give the parties the opportunity to make such a request if either so chooses. By August 3, 2018, any party seeking a stay of the pr oceedings must so inform the Court. Plaintiffs' motion for leave to amend is DENIED. Defendants' motion to compel arbitration is GRANTED. The case shall be dismissed on August 3, 2018, unless before that date one or more parties files a letter with the Court requesting that the action be stayed pending the outcome of arbitration. The Clerk of Court is respectfully requested to close the open motions at docket entries 6 and 21. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/24/2018) (rj)
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