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S.D.N.Y.Procedural orderFiled Aug. 19, 2020

Orlando, Jr v. Liberty Ashes, Inc.

Judge
Richard Sullivan
Docket
1:15-cv-09434
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureClass Action
In one sentence

In Carl Orlando, Jr. v. Liberty Ashes, Inc., Judge Sullivan scheduled a video hearing to consider approval of the parties’ settlement.

Who this affects

The plaintiffs, their counsel, defense counsel, the defendants, any plaintiffs who needed an interpreter, and members of the public who wished to listen to the hearing.

What happened

Carl Orlando, Jr. and other plaintiffs told the court that they had reached a settlement with Liberty Ashes, Inc. and other defendants. They asked the court to review and approve the settlement.

The court ordered the parties, including the lawyers and the plaintiffs, to attend a fairness hearing on September 4, 2020, at 10:00 a.m. The hearing would take place by video because of the COVID-19 pandemic. Plaintiffs who did not speak English had to provide their own interpreters.

Judge Sullivan also required the parties to send the court participant information by September 2 and allowed members of the public to listen by telephone. The order scheduled the hearing but did not state whether the settlement was approved.

The detailed version

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

Case
Orlando, Jr v. Liberty Ashes, Inc. · No. 1:15-cv-09434
Judge
Richard Sullivan
Date
Aug. 19, 2020

Background

The plaintiffs informed the court by letter that the parties had reached a settlement. The plaintiffs asked the court to approve the settlement under Cheeks v. Freeport Pancake House, Inc. and provided a copy of the settlement.

Order

The court ordered the parties—including defense counsel, the plaintiffs’ counsel, and the plaintiffs personally—to appear at a fairness hearing on Friday, September 4, 2020, at 10:00 a.m. The defendants could attend but were not required to do so. If any plaintiff did not speak English, the plaintiffs had to provide an interpreter at their own expense or arrangement.

Because of the ongoing COVID-19 pandemic, the hearing was to take place through Skype for Business. By 5:00 p.m. on September 2, 2020, the parties had to jointly email the court the names and email addresses of people expected to speak by videoconference and the telephone numbers of people participating by telephone. Members of the public could monitor the conference through the court’s free audio line.

Disposition

Judge Richard J. Sullivan ordered the fairness hearing and related logistical steps. The opinion does not state that the court approved or rejected the settlement; it only scheduled the hearing.

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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