Gell v. El Marinero Restaurant
- Clarke
- 7:25-cv-00677
- U.S. District Court · Southern District of New York
- 1
In Antonio Gell v. El Marinero Restaurant, Judge Clarke adjourned the sanctions hearing and ordered a conference about the proposed settlement.
Counsel for all parties and the parties whose proposed settlement agreement will be discussed at the November 6, 2025 conference.
What happened
In Antonio Gell v. El Marinero Restaurant, the court had scheduled a hearing for counsel to explain their unexplained and unexcused delay in filing required settlement materials.
The parties later submitted the proposed settlement agreement and the other required materials. The court therefore adjourned the October 2, 2025 show-cause hearing without setting a new date.
Judge Jessica G. L. Clarke ordered all parties’ counsel to attend a remote conference on November 6, 2025, to discuss the settlement terms and whether they comply with the court’s requirements. The court said it intends to rule on that issue at the conference.
The detailed version
- Gell v. El Marinero Restaurant · No. 7:25-cv-00677
- Clarke
- Sept. 29, 2025
Background
On September 24, 2025, the court ordered counsel to appear at a show-cause hearing and explain why civil-contempt sanctions should not be imposed. The stated reason was counsel’s unexplained and unexcused delay in submitting the required materials for review of the parties’ settlement. That hearing had been scheduled for October 2, 2025.
Court’s Action
The court received the parties’ proposed settlement agreement and the other outstanding settlement materials. As a result, it adjourned the show-cause hearing “sine die,” meaning without setting a new date.
The court also ordered counsel for all parties to appear remotely by Microsoft Teams for a conference on November 6, 2025, at 3:00 p.m. Counsel must be prepared to discuss all terms of the proposed agreement and whether those terms are consistent with the settlement-review requirements cited by the court. The court stated that it intends to rule on that issue at the conference.
Disposition
The court adjourned the October 2 show-cause hearing without a new date and ordered the November 6 settlement conference. The opinion does not state a final ruling on whether the proposed settlement will be approved or whether any sanctions will be imposed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.