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S.D.N.Y.Procedural orderFiled Dec. 9, 2022

Zerafa v. Midas Property Management Corp.

Judge
Vyskocil
Docket
1:22-cv-01755
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureEmployment
In one sentence

In Zerafa v. Midas Property Management, Judge Vyskocil granted the parties’ request for 45 more days to seek settlement approval.

Who this affects

Daniel Zerafa and the defendants were affected because the deadline for submitting their settlement-approval motion was extended from December 12, 2022, to January 26, 2023.

What happened

In Zerafa v. Midas Property Management Corp., Daniel Zerafa sued several defendants over alleged violations of federal and New York wage laws and New York common law. The parties reached a settlement in principle.

The court had required the parties to submit a motion asking for approval of their settlement by December 12, 2022. Zerafa’s counsel jointly requested, with the defendants’ consent, a 45-day extension because of illness, upcoming holidays, and the settlement’s complexity.

Judge Mary Kay Vyskocil granted the extension, moving the deadline to January 26, 2023. The order stated that there would be no further extensions.

The detailed version

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

Case
Zerafa v. Midas Property Management Corp. · No. 1:22-cv-01755
Judge
Vyskocil
Date
Dec. 9, 2022

Background

Daniel Zerafa brought claims against Midas Property Management Corp. and the other named defendants for alleged violations of the Fair Labor Standards Act, New York Labor Law, and New York common law. The parties had reached a settlement in principle. The court had ordered them to submit a motion seeking approval of the settlement by December 12, 2022.

Request

Zerafa’s counsel submitted a joint request, with the consent of all defendants, for a 45-day extension to file the settlement-approval motion. Counsel explained that one attorney had been away caring for a spouse who had COVID-19 and then contracted COVID-19 himself. Counsel also stated that the settlement involved complex legal issues, multiple parties with different interests, several groups of attorneys, and formal settlement documents that still needed to be finalized. The request stated that it was the first request for this relief and would not affect other deadlines.

Ruling

Judge Mary Kay Vyskocil granted the extension and set January 26, 2023, as the new deadline for submitting the settlement-approval motion. The order stated: “No further extensions.”

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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