Zerafa v. Midas Property Management Corp.
- Vyskocil
- 1:22-cv-01755
- U.S. District Court · Southern District of New York
- 2
In Zerafa v. Midas Property Management Corp., Judge Vyskocil granted the parties’ request to extend the settlement-approval deadline to February 3, 2023.
Daniel Zerafa and the defendants named in the case, because the deadline for submitting settlement-approval materials was extended to February 3, 2023.
What happened
Daniel Zerafa sued Midas Property Management Corp. and the other named defendants, alleging violations of federal and New York wage laws and New York common law. The parties reached final settlement terms and were preparing a motion asking the court to approve their settlement.
The parties jointly requested more time to obtain signatures and file the approval motion. They asked to move the deadline from January 26, 2023, to February 3, 2023, and said that no other deadlines would be affected.
Judge Mary Kay Vyskocil granted the request and extended the deadline for submitting the settlement-approval materials to February 3, 2023. The provided order does not approve the settlement itself or decide the underlying claims.
The detailed version
- Zerafa v. Midas Property Management Corp. · No. 1:22-cv-01755
- Vyskocil
- Jan. 27, 2023
Background
Daniel Zerafa brought claims against Midas Property Management Corp., Midas Management Assoc. Inc., The Herkimer Executive House, Inc., 29-33 Convent Avenue HDFC, Michael Padernacht, Daniel Padernacht, Christopher Lim, Gerard Karlen, and Nicholas Casucci. The claims alleged violations of the Fair Labor Standards Act, New York Labor Law, and New York common law.
The parties reached a settlement in principle. The court had directed them to submit a motion seeking approval of the settlement by January 26, 2023. According to the parties’ joint request, they finalized the settlement terms on January 25, 2023, but needed additional time to obtain signatures and prepare the approval motion.
Request and ruling
The parties requested an extension through February 3, 2023. They stated that the extension would not affect any other deadlines and that returning the case to active litigation while they completed the settlement would create unnecessary expense and effort. They also asked the court to set a deadline for anticipated motions to dismiss if the extension request was denied.
Judge Mary Kay Vyskocil granted the request for an extension until February 3, 2023, to submit the settlement-approval materials. The order did not approve the settlement, rule on any motion to dismiss, or decide the merits of Zerafa’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.