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S.D.N.Y.Procedural orderFiled Mar. 15, 2022

Pavon Hernandez v. Gemini Diner Inc.

Judge
Paul Engelmayer
Docket
1:20-cv-04741
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureEmployment
In one sentence

In Pavon Hernandez v. Gemini Diner Inc., Judge Engelmayer granted a two-week extension for submitting settlement materials, due March 28, 2022.

Who this affects

The plaintiff and defendants in Pavon Hernandez v. Gemini Diner Inc., who were preparing settlement materials for court review.

What happened

Pavon Hernandez v. Gemini Diner Inc. is an employment case in which the plaintiff asked for more time to submit a settlement agreement for court approval. The defendants agreed to the request.

The parties said they had finalized the agreement’s form but needed additional time to review it with the individual parties and submit a signed copy. They also said this was the first such request and would not affect other deadlines.

Judge Engelmayer granted the request. The settlement agreement and a legal memorandum explaining why the settlement should be approved were due March 28, 2022; the order did not approve the settlement itself.

The detailed version

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

Case
Pavon Hernandez v. Gemini Diner Inc. · No. 1:20-cv-04741
Judge
Paul Engelmayer
Date
Mar. 15, 2022

Background

The plaintiff’s attorney requested, with the defendants’ consent, a two-week extension to submit the parties’ settlement agreement for court approval. The original deadline was March 14, 2022. The attorney stated that the parties had finalized the agreement’s form but needed more time to review it with the individual parties and submit an executed, or signed, copy to the court. The attorney also stated that this was the first request for an extension and would not affect any other deadlines.

Ruling

The court granted the extension. It ordered that the proposed settlement agreement and a memorandum of law explaining why the settlement warranted approval under Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir. 2015), were due March 28, 2022. The order addressed the timing of the submission and did not itself approve the settlement agreement.

Effect

The parties received additional time to submit the settlement materials. The opinion does not state whether the court later approved the settlement.

The authoritative version

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

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