Herrera v. Capri II Pizza, Inc.
- Philip Halpern
- 7:24-cv-09483
- U.S. District Court · Southern District of New York
- 1
Herrera v. Capri II Pizza, Inc.: Judge Halpern granted an extension requiring settlement materials or a Rule 68 judgment by May 23, 2025.
The plaintiffs and defendants in Herrera v. Capri II Pizza, Inc. are affected by the extended deadline and must file the specified materials by May 23, 2025.
What happened
In Herrera v. Capri II Pizza, Inc., the parties asked for two more weeks to submit materials related to their settlement. Their submission was due May 9, 2025 under an earlier court order.
The parties said they needed more time to complete the settlement documents, review them with their clients, obtain signatures, and prepare the required filing. Plaintiffs’ counsel also reported being unable to work because of illness for more than a week.
Judge Philip M. Halpern granted the application. He ordered the parties to file by May 23, 2025 either a joint Cheeks submission with a signed proposed settlement agreement or a proposed judgment under Federal Rule of Civil Procedure 68.
The detailed version
- Herrera v. Capri II Pizza, Inc. · No. 7:24-cv-09483
- Philip Halpern
- May 8, 2025
Background
The plaintiffs’ counsel submitted a joint letter requesting a two-week extension of the deadline for filing a Cheeks submission. The letter stated that the deadline was May 9, 2025 under the Court’s earlier order, identified as Dkt. No. 23. The letter also stated that this was the parties’ first request and that the extension would not affect any other scheduled dates.
Reasons for the request
According to the letter, the parties had made substantial progress toward finalizing a settlement agreement and the related filing. They said they needed additional time to review the settlement documents with their clients, obtain signatures from all parties, and complete the joint submission. The letter also stated that plaintiffs’ counsel had been incapacitated by illness for more than a week in late April.
Ruling
The court granted the application. The parties must file by May 23, 2025 either: (1) a joint Cheeks submission and fully signed proposed settlement agreement; or (2) a proposed judgment under Federal Rule of Civil Procedure 68. The order extends the filing deadline; it does not state that the court approved the settlement or decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.