Borshchevskiy v. Century Development Properties LLC et al
| Sergiy Borshchevskiy |
| Richard Ohebshalom and Fred Ohebshalom |
| Century Development Properties LLC |
| 1:2021cv08625 |
| October 20, 2021 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Labor: Fair Standards |
| None |
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Filing 13
ORDER: Accordingly, IT IS HEREBY ORDERED that by January 28, 2022, the parties shall submit a joint letter to the Court explaining why the proposed settlement reflects a "fair and 'reasonable compromise of disputed issues rather than a mere waiver of statutory rights brought about by an employer's overreaching.'" Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335 (S.D.N.Y. 2012) (quoting Mosquera v. Masada Auto Sales, Ltd., No. 09-cv-4925 (NGG), 2011 WL 282327, at *1 (E.D.N.Y. Jan. 25, 2011)). Specifically, the parties should address the following factors: (1) the plaintiff's range of possible recovery; (2) the extent to which "the settlement will enable the parties to avoid anticipated burdens and expenses in establishing their respective claims and defenses"; (3) the seriousness of the litigation risks faced by the parties; (4) whether "the settlement agreement is the product of arm's- length bargaining between experienced counsel"; and (5) the possibility of fraud or collusion. Id. (quoting Medley v. Am. Cancer Soc., No. 10 Civ. 3214, 2010 WL 3000028, at *1 (S.D.N.Y. July 23, 2010)). The letter must also address whether there is a bona fide dispute as to the number of hours worked or the amount of compensation due and how much of the proposed settlement Plaintiff's attorney shall be seeking as fees. Cheeks, 796 F.3d at 203, 206. Absent special circumstances, the Court will not approve any settlement agreement that is filed under seal or in redacted form. Id. at 206. All other dates and deadlines are adjourned sine die. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 12/15/2021) (tg)
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| Filing 12 NOTICE of Settlement In Principle. Document filed by Sergiy Borshchevskiy..(Stillman, Lina) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Century Development Properties LLC waiver sent on 11/4/2021, answer due 1/3/2022; Richard Ohebshalom waiver sent on 11/4/2021, answer due 1/3/2022. Document filed by Sergiy Borshchevskiy. (Attachments: #1 Exhibit Request to Waive).(Stillman, Lina) |
| Filing 10 NOTICE OF APPEARANCE by Richard Barry Ziskin on behalf of Century Development Properties LLC, Fred Ohebshalom, Richard Ohebshalom..(Ziskin, Richard) |
| Filing 9 CERTIFICATE OF SERVICE of Summons and Complaint. Fred Ohebshalom served on 10/29/2021, answer due 11/19/2021. Service was accepted by Joh Doe, Clerk. Document filed by Sergiy Borshchevskiy..(Stillman, Lina) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Century Development Properties LLC..(pc) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Richard Ohebshalom..(pc) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Fred Ohebshalom..(pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lina Stillman. The following case opening statistical information was erroneously selected/entered: Fee Status code fp (in forma pauperis);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lina Stillman. The party information for the following party/parties has been modified: Century Development Properties LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Richard Ohebshalom, re: #1 Complaint. Document filed by Sergiy Borshchevskiy..(Stillman, Lina) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Fred Ohebshalom, re: #1 Complaint. Document filed by Sergiy Borshchevskiy..(Stillman, Lina) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Century Development Properties LLC, re: #1 Complaint. Document filed by Century Development Properties LLC..(Stillman, Lina) |
| Filing 2 CIVIL COVER SHEET filed..(Stillman, Lina) |
| Filing 1 COMPLAINT against Century Development Properties LLC, Fred Ohebshalom, Richard Ohebshalom. (Filing Fee $ 402.00, Receipt Number ANYSDC-25224204)Document filed by Sergiy Borshchevskiy..(Stillman, Lina) |
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