Rodriguez v. Kiara Foods Inc.

Background

Dario Rodriguez sued Kiara Foods, Inc., doing business as Manolo Tapas Restaurant, and Jesus Perez. He alleged violations of the Fair Labor Standards Act and New York Labor Law. The court had directed the parties to submit a motion for approval of their settlement agreement by April 18, 2021. The parties jointly requested more time because Rodriguez was traveling outside the United States and was expected to be unable to sign the agreement until approximately May 4, 2021. The letter also stated that plaintiff’s counsel expected to take leave beginning in mid-May to care for the counsel’s spouse and newborn child.

Court’s Action

The court extended the parties’ time to file a letter motion and accompanying settlement agreement to May 6, 2021. If the parties could not obtain Rodriguez’s signature by that date, the court permitted them to file the final settlement agreement for approval before he signed it. If no letter or stipulation was filed by May 6, the court ordered a conference for May 11, 2021, at 3:00 p.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse. The order did not approve or reject the settlement.

Disposition

Judge Valerie Caproni granted the requested scheduling relief in the form stated in the endorsed order: the parties’ filing deadline was extended to May 6, 2021, with a conditional conference date if they did not file by then.