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S.D.N.Y.Procedural orderFiled May 11, 2022

Ramirez v. N&M Food Wholesale Supply Inc.

Judge
James Cott
Docket
1:20-cv-09557
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Ramirez v. N&M Food Wholesale Supply, Judge Cott adjourned deadlines and required a joint motion seeking approval of the parties’ reported settlement.

Who this affects

Plaintiff Enrique Ramirez and defendants N&M Food Wholesale Supply Inc. and the other named defendants; all case deadlines were postponed, and the parties were required to seek approval of their reported settlement.

What happened

In Ramirez v. N&M Food Wholesale Supply Inc., the parties reported that they had reached a settlement in principle. The opinion does not describe the underlying claims or the settlement’s terms.

Judge Cott ordered that all deadlines be postponed indefinitely. He also directed the parties to file a joint letter motion and their settlement agreement by May 27, 2022, asking the court to approve the settlement.

Judge Cott said the motion must explain why the proposed settlement is fair and reasonable and complies with the Second Circuit’s decision in Cheeks v. Freeport Pancake House, Inc. The parties were told to submit the settlement papers to Chief Judge Swain unless they consented to Judge Cott’s review of the settlement.

The detailed version

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

Case
Ramirez v. N&M Food Wholesale Supply Inc. · No. 1:20-cv-09557
Judge
James Cott
Date
May 11, 2022

Background

The parties reported by letter dated May 10, 2022, that they had reached a settlement in principle. The opinion does not state the underlying claims, the settlement amount, or other settlement terms.

Order

Judge Cott ordered that all deadlines be adjourned indefinitely. He further ordered the parties to file a joint letter motion, together with their settlement agreement, no later than May 27, 2022, requesting court approval.

The motion must explain why the proposed settlement is fair and reasonable and otherwise complies with the Second Circuit’s decision in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). The parties were directed to submit their settlement papers to Chief Judge Swain unless they agreed to consent to Judge Cott’s authority to review the settlement under 28 U.S.C. § 636(c). The order did not approve the settlement.

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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