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S.D.N.Y.Procedural orderFiled Dec. 11, 2019

Kaszak v. Trattoria Tre Colori Inc.

Judge
James Cott
Docket
1:19-cv-04723
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Kaszak v. Trattoria Tre Colori Inc., Magistrate Judge Cott ordered the parties to file a joint motion seeking approval of their settlement.

Who this affects

Monika Kaszak and Trattoria Tre Colori Inc. et al.; the parties were required to file a joint settlement-approval motion and agreement by January 13, 2020.

What happened

Kaszak v. Trattoria Tre Colori Inc. concerns a settlement reached during a December 9, 2019, settlement conference. The opinion does not describe the claims or the settlement’s terms.

The parties told the court they would consent to Magistrate Judge James L. Cott’s authority to review the settlement papers and would submit a consent form to Judge Nathan. They had not yet filed that consent form or requested approval when this order was issued.

Judge Cott ordered the parties to file a joint letter motion and their settlement agreement by January 13, 2020. The motion had to explain why the proposed settlement was fair and reasonable and comply with the Second Circuit’s requirements for reviewing settlements.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Kaszak v. Trattoria Tre Colori Inc. · No. 1:19-cv-04723
Judge
James Cott
Date
Dec. 11, 2019

Background

The parties appeared before Magistrate Judge James L. Cott for a settlement conference on December 9, 2019, and reported that they had reached a settlement. The opinion does not identify the underlying claims or state the settlement amount or terms.

The parties also advised the court that they intended to consent to Judge Cott’s authority under 28 U.S.C. § 636(c) so that he could review the settlement papers. They said they would submit the consent form to Judge Nathan in the near future.

Order

Judge Cott ordered the parties to file a joint letter motion and their settlement agreement no later than January 13, 2020, asking the court to approve the settlement. The motion had to explain why the proposed settlement was fair and reasonable and comply with the Second Circuit’s decision in Cheeks v. Freeport Pancake House, Inc.

The order directed the parties to several earlier decisions for guidance about settlement provisions, including terms concerning reemployment, communications with the media, releases, non-disparagement, confidentiality, and similar provisions. It also identified recently approved settlement papers as examples.

Disposition

The court did not approve or reject the settlement in this order. It directed the parties to submit the required materials for later review and approval.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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