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S.D.N.Y.Procedural orderFiled Nov. 9, 2020

Morales v. Tap House LLC

Judge
Lorna Schofield
Docket
1:20-cv-04511
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureClass Action
In one sentence

In Morales v. Tap House LLC, Judge Schofield ordered settlement filings and an explanation for missed deadlines by noon on November 10, 2020.

Who this affects

The order affected Isaac Morales, the defendants, and their counsel by requiring settlement-related filings and an explanation for missed deadlines. It warned that further late submissions could result in sanctions or prejudice.

What happened

Morales v. Tap House LLC concerns the parties’ proposed settlement and the information the court needed to decide whether it was fair and reasonable. The court had already granted two extensions for the parties to provide that information, but they had not done so.

The court ordered the parties to file the settlement agreement, a joint letter with supporting evidence about the settlement’s fairness, and a detailed accounting of counsel’s time and expenses if fees were being requested. The parties also had to explain why they had not complied with earlier court orders.

Judge Lorna G. Schofield set noon on November 10, 2020, as the final stated deadline and warned that further late submissions could lead to sanctions or prejudice. This order required additional filings; it did not decide whether to approve the settlement.

The detailed version

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

Case
Morales v. Tap House LLC · No. 1:20-cv-04511
Judge
Lorna Schofield
Date
Nov. 9, 2020

Background

The plaintiff, Isaac Morales, sued Tap House LLC and other defendants on behalf of himself and others similarly situated. The opinion addresses the parties’ proposed settlement and the materials needed for the court to determine whether the settlement was fair and reasonable.

The court had previously granted the parties a one-week extension to submit the necessary information. After the parties missed that deadline, the court granted another extension through November 4, 2020. The parties still had not submitted the required materials.

Order

The court ordered the parties to file, as soon as possible and no later than noon on November 10, 2020:

- the settlement agreement; - a joint letter with supporting evidence addressing the findings needed to approve the settlement as fair and reasonable; and - a joint letter explaining why the parties had not complied with the court’s earlier orders.

If counsel sought attorneys’ fees and expenses, the supporting letter also had to include a detailed breakdown of counsel’s time and expenses. The court reminded the parties that court-ordered deadlines were mandatory and warned that further untimely submissions could result in sanctions or prejudice.

Disposition

Judge Lorna G. Schofield entered an order requiring the specified filings and explanation by the stated deadline. The opinion does not state that the court approved or rejected the settlement, and it does not decide the underlying claims.

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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