Torres v. Capcon Construction Industries Corp.
- Philip Halpern
- 7:21-cv-06771
- U.S. District Court · Southern District of New York
- 2
In Torres v. Capcon Construction Industries Corp., Judge Halpern granted an extension for FLSA settlement filings and pretrial submissions.
The four plaintiffs and the defendants in the case, whose deadlines for filing settlement-related and pretrial documents were extended to February 9, 2023.
What happened
In Torres v. Capcon Construction Industries Corp., four plaintiffs and the defendants asked for more time to submit documents concerning their proposed settlement of all claims in this Fair Labor Standards Act case. The parties said they were still preparing and finalizing the documents.
The court granted the request. It required the parties to file their settlement-review submission, settlement agreement, joint letter, and proposed order by February 9, 2023, and extended the deadline for their pretrial submissions to the same date.
Judge Philip Halpern issued the order on January 26, 2023. The order extended filing deadlines; it did not approve the settlement itself.
The detailed version
- Torres v. Capcon Construction Industries Corp. · No. 7:21-cv-06771
- Philip Halpern
- Jan. 26, 2023
Background
The four plaintiffs identified in the letter were Julio Torres, Oscar Martinez, Sergio Morales, and Jesus Salvador. Their counsel and defense counsel jointly asked for a two-week extension to file documents concerning a settlement. The parties had previously told the court that they had reached a settlement in principle covering all claims in this Fair Labor Standards Act case.
The court had previously set January 23, 2023, as the filing deadline and later extended it to January 26, 2023, at 5:00 p.m. The parties said they were still preparing and finalizing the settlement documents and that both defendants’ counsel consented to the requested extension.
Ruling
The court granted the application. It ordered the parties to file their settlement-review submission, including the settlement agreement, joint letter, and proposed order, by February 9, 2023. It also extended from January 31, 2023, to February 9, 2023, the deadline for the pretrial submissions required by an earlier court order. This order extended deadlines and did not itself approve the settlement.
Effect
The ruling affected the parties’ deadlines for filing settlement and pretrial materials. The opinion does not state whether the court later approved the proposed settlement.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.