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S.D.N.Y.Procedural orderFiled Oct. 16, 2020

Alberto Martinez Hernandez v. East Wingers Inc.

Judge
Andrew Carter
Docket
1:17-cv-02176-ALC-BCM
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Jose Alberto Martinez Hernandez v. East Wingers Inc., Judge Carter directed the parties to submit materials supporting a proposed consent judgment.

Who this affects

The plaintiffs and defendants were required to file the proposed consent judgment, any underlying agreement, and the joint memorandum by November 13, 2020.

What happened

Jose Alberto Martinez Hernandez v. East Wingers Inc. concerns a joint status letter submitted by the parties. The order does not describe the underlying claims.

The court directed the parties to file a proposed consent judgment, any underlying agreement, and a joint legal memorandum of no more than 10 pages. The memorandum must explain why the proposed judgment is fair and reasonable and address concerns identified by the Second Circuit in Cheeks v. Freeport Pancake House, Inc.

Judge Andrew L. Carter, Jr. ordered the filings to be submitted by November 13, 2020. The order did not enter the proposed judgment or decide the merits of the case.

The detailed version

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

Case
Alberto Martinez Hernandez v. East Wingers Inc. · No. 1:17-cv-02176-ALC-BCM
Judge
Andrew Carter
Date
Oct. 16, 2020

Background

The court received a joint status letter from the parties. The opinion does not state the underlying claims or provide details about the parties’ proposed agreement.

Court’s Order

The court directed the parties to file three items:

  1. A proposed consent judgment;
  2. Any underlying agreement; and
  3. A joint memorandum of law, limited to 10 pages.

The memorandum must explain why the proposed consent judgment is fair and reasonable and why it does not raise concerns identified by the Second Circuit in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). The filings were due by November 13, 2020.

Disposition

Judge Andrew L. Carter, Jr. issued the directive in an order. The court did not enter the proposed consent judgment, resolve the merits of the case, or state whether the proposed judgment would ultimately be approved.

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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