Garcia v. Vista on 5th Corp.
- Andrew Carter
- 1:25-cv-00494
- U.S. District Court · Southern District of New York
- 1
In Garcia v. Vista on 5th, Judge Carter ordered the parties to submit their proposed settlement and a fairness memorandum.
The order affects Jacinto Garcia, Vista on 5th Corp., and Nicole Atanasio by requiring them to submit the proposed settlement and a joint fairness memorandum.
What happened
Jacinto Garcia sued Vista on 5th Corp. and Nicole Atanasio, and the parties told the court they had reached a settlement.
The court did not approve the settlement in this order. Instead, it directed the parties to file the proposed settlement and a joint memorandum explaining why the agreement is fair, reasonable, and does not raise concerns identified by the appeals court.
Judge Andrew L. Carter, Jr. ordered the parties to file those materials by September 17, 2025. The memorandum may not exceed 10 pages.
The detailed version
- Garcia v. Vista on 5th Corp. · No. 1:25-cv-00494
- Andrew Carter
- Aug. 13, 2025
Background
The court received a joint status report stating that Jacinto Garcia and defendants Vista on 5th Corp. and Nicole Atanasio had reached a settlement.
Court’s Order
The court directed the parties to file the proposed settlement and a joint memorandum of law. The memorandum must explain why the proposed settlement is fair and reasonable and why it does not raise any of the concerns identified by the United States Court of Appeals for the Second Circuit in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). The memorandum may not exceed 10 pages.
The materials must be filed no later than September 17, 2025. This order directs the parties to submit materials for the court’s review; the opinion does not state that the court approved the settlement.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.