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S.D.N.Y.Procedural orderFiled Feb. 26, 2020

Candido Cano v. Xing Fu, Inc.

Judge
George Daniels
Docket
1:19-cv-07485
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Candido Cano v. Xing Fu, Inc., Judge Daniels noted the settlement, required a settlement-approval motion, and postponed scheduled conferences.

Who this affects

The plaintiffs and defendants were affected: the plaintiff was required to seek settlement approval by March 27, 2020, and all previously scheduled conferences were postponed.

What happened

Candido Cano v. Xing Fu, Inc. is a case in which the parties reported that they had settled. The opinion does not describe the underlying claims or the settlement’s terms.

The court ordered the plaintiff to file a motion seeking approval of the settlement under the Second Circuit’s Cheeks decision by March 27, 2020. The court also postponed all previously scheduled conferences without setting new dates.

Judge George B. Daniels issued the order on February 26, 2020. The order did not approve the settlement; it required the plaintiff to seek approval.

The detailed version

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

Case
Candido Cano v. Xing Fu, Inc. · No. 1:19-cv-07485
Judge
George Daniels
Date
Feb. 26, 2020

Background

The plaintiffs are Jose Candido Cano and Vicente Juarez Candido, individually and on behalf of others similarly situated. The defendants are Xing Fu, Inc., doing business as Great Wall Chinese Restaurant; Jiang Chun Chinese Restaurant, Ltd., doing business as Great Wall Chinese Restaurant; Min Feng Chen; Angel Doe; and Danny Doe. The opinion does not state the underlying claims or the terms of the reported settlement.

Order

The parties reported that the case had settled. The court directed the plaintiff to file a motion for approval of the settlement under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), by March 27, 2020. Settlement approval is a court review of whether the proposed resolution may be accepted. The court did not state that it approved the settlement.

The court also postponed all previously scheduled conferences without setting new dates. The order was signed by George B. Daniels, United States District Judge, on February 26, 2020.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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