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S.D.N.Y.Procedural orderFiled June 21, 2022

Cortes v. DS Brooklyn Portfolio Owner LLC

Judge
Vernon Broderick
Docket
1:20-cv-09619
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

In Cortes v. DS Brooklyn Portfolio Owner LLC, Judge Broderick granted the parties’ request for more time to file settlement materials.

Who this affects

The plaintiffs, Joaquin Cortes and Raul Mera, and the defendants were given until June 24, 2022, to file the settlement agreement and approval motion.

What happened

In Cortes v. DS Brooklyn Portfolio Owner LLC, the plaintiffs and defendants jointly asked for a short extension to submit a settlement agreement and a motion asking the court to approve it. They said counsel were still finalizing terms.

The parties requested an extension until June 22, 2022. The court instead gave them until June 24, 2022, to file the settlement agreement and approval motion.

Judge Vernon S. Broderick granted the application and directed the parties to review recent Southern District of New York decisions about approving settlements in similar cases before filing. The order did not decide whether to approve the settlement.

The detailed version

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

Case
Cortes v. DS Brooklyn Portfolio Owner LLC · No. 1:20-cv-09619
Judge
Vernon Broderick
Date
June 21, 2022

Background

The plaintiffs, Joaquin Cortes and Raul Mera, and all defendants jointly requested a second extension of the deadline for filing a written settlement agreement and a letter motion seeking the court’s approval of that agreement. The parties said counsel had continued working in good faith, that terms had been proposed or modified during the preceding 24 hours, and that counsel believed they had reached agreement on all terms.

The parties requested an extension until June 22, 2022. The letter also acknowledged that the request was untimely because counsel had expected to submit the agreement by the existing deadline.

Ruling

The court marked the application “GRANTED.” Judge Vernon S. Broderick extended the deadline to June 24, 2022, for filing the settlement agreement and letter motion. Before filing, the parties were directed to review recent Southern District of New York decisions concerning the propriety of settlement approvals in similar actions, including Judge Broderick’s recent orders.

The opinion does not rule on whether the settlement should 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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