Pierre v. City Of New York
- Andrew Carter
- 1:20-cv-05116
- U.S. District Court · Southern District of New York
- 2
In Pierre v. City of New York, Judge Carter granted requests to extend settlement-filing deadline and increase the brief-page limit.
The plaintiff, Whole Foods Market Group, Inc., and the parties involved in the settlement-approval process were affected by the extended filing deadline and increased page limit.
What happened
In Pierre v. City of New York, the plaintiff and Whole Foods Market Group jointly asked for more time to file papers seeking final approval of a class and collective action settlement. They explained that Whole Foods’ lawyer was out of the country and needed additional time to review the filing.
The parties requested a one-week extension, moving the deadline from September 13 to September 20, 2022. The plaintiff also asked to increase the page limit for the filing from 25 to 40 pages so that settlement approval, attorney fees, expenses, and a service award could be addressed in one brief.
Judge Andrew L. Carter granted the application. The document does not state that the settlement itself received final approval; it concerns the filing deadline and page limit.
The detailed version
- Pierre v. City Of New York · No. 1:20-cv-05116
- Andrew Carter
- Sept. 12, 2022
Background
The plaintiff and Defendant Whole Foods Market Group, Inc. jointly requested changes to the schedule and briefing limits for the plaintiff’s anticipated motion seeking final approval of a class and collective action settlement, along with attorney fees, costs, and a service award. The opinion states that the court had granted preliminary approval of the settlement on May 18, 2022, and had set September 13, 2022, as the deadline for submitting final-approval papers. It also states that the fairness hearing was scheduled for October 6, 2022, and that there were no objections or requests to opt out.
Requests
The parties requested a one-week extension of the filing deadline because Whole Foods’ counsel was out of the country and needed time to review the motion and confer with the client. The plaintiff separately requested permission to file a motion of up to 40 pages instead of the 25-page limit. The plaintiff said a single comprehensive brief would address settlement fairness, the requirements for class certification, attorney fees, expense reimbursement, and a service award.
Ruling
The court’s September 9, 2022 order states “Application Granted.” The application therefore granted the requested one-week extension, allowing the plaintiff to file the final-approval motion by September 20, 2022, and granted the request to use up to 40 pages. The document does not itself grant final approval of the settlement or rule on the requested fees, costs, or service award.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.