Miranda Franco et al v. Mi Barrio Meat Market Inc. et al
Case Number: 1:2020cv04983
Filed: September 23, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201 Denial of Overtime Compensation

Available Case Documents

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Date Filed Document Text
October 14, 2021 Opinion or Order Filing 45 ORDER: This case contains claims under the Fair Labor Standards Act. On September 29, 2021, the parties submitted their proposed settlement agreement and related papers. (ECF No. 41.) On October 12, 2021 an Order was issued on the parties' c onsent referring disposition of this matter to the undersigned pursuant to 28 U.S.C. § 636(c). (ECF No. 44.) Having reviewed the proposed settlement, the Court finds that it is fair and reasonable. See Cheeks v. Freeport Pancake House, In c., 796 F.3d 199 (2d Cir. 2015). The settlement is approved. Accordingly, this action is dismissed with prejudice and without costs except as may be stated in the settlement agreement. The Court will retain jurisdiction to enforce the settlement agreement. So Ordered (Signed by Magistrate Judge Stewart D. Aaron on 10/14/2021) (js)
September 28, 2021 Opinion or Order Filing 40 ORDER granting 39 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/28/2021) (vfr)
September 16, 2021 Opinion or Order Filing 38 ORDER: granting 37 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/16/2021) (ama)
August 16, 2021 Opinion or Order Filing 35 ORDER: The Court has been advised that the parties in this FLSA action have reached a settlement. See Dkt. No. 34.Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, if the settlement is to take effect, the Court must first rev iew and scrutinize the agreement to ensure that it is fair. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015); see also Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 338 (S.D.N.Y. 2012). Accordingly, on or before Septem ber 16, 2021, the parties must submit to the Court both the settlement agreement and a joint letter explaining why the settlement should be approved. The parties' submission should contain the following: and further set forth in this Order. (Signed by Judge Alison J. Nathan on 8/16/2021) (rro)
October 26, 2020 Opinion or Order Filing 24 ORDER: In light of the COVID-19 public health crisis, the Court will not hold the upcoming initial pretrial conference in this case in person. Counsel should submit their proposed case management plan and joint letter seven days prior to the sch eduled conference, as directed in the Court's Notice of Initial Pretrial Conference. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial pretrial conference by telephone, albeit perhaps at a different time than the currently scheduled time. To that end, counsel should indicate in their joint letter all times on the date of the scheduled conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-alison-j-nathan.SO ORDERED. (Signed by Judge Alison J. Nathan on 10/26/2020) (ks)
September 24, 2020 Opinion or Order Filing 16 ORDER granting 15 LETTER MOTION to Adjourn Conference addressed to Judge Alison J. Nathan from Plaintiff dated 9/23/2020. Document filed by Jesus Miranda Franco (on behalf of others similarly situated), Jesus Miranda Franco (individually). The init ial pre-trial conference in this matter is hereby adjourned to November 6, 2020 at 3 p.m. Plaintiff shall file an update on the status of service within one week of this Order. SO ORDERED. (Initial Conference set for 11/6/2020 at 03:00 PM before Judge Alison J. Nathan). (Signed by Judge Alison J. Nathan on 9/24/2020) (rjm)
September 23, 2020 Opinion or Order Filing 14 ORDER: In light of the COVID-19 public health crisis, the Court will not hold the upcoming initial pretrial conference in this case in person. Counsel should submit their proposed case management plan and joint letter seven days prior to the schedu led conference, as directed in the Court's Notice of Initial Pretrial Conference. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial pretrial conference by telephone, albeit perhaps at a different time than the currently scheduled time. To that end, counsel should indicate in their joint lett er all times on the date of the scheduled conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon alison-j-nathan. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/23/2020) (kv)
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