Martinez v. La Maria Pizzeria Corp.
- Katherine Failla
- 1:22-cv-04578
- U.S. District Court · Southern District of New York
- 1
In Martinez v. 1455 Nepperhan Rest Corp., Judge Failla ordered settlement filings for review after mediation resolved all remaining issues.
David Martinez, the people he sought to represent, and the remaining defendants in the case were affected by the order requiring settlement filings and ending pending motions and scheduled dates.
What happened
In Martinez v. 1455 Nepperhan Rest Corp., the parties told the court that court-ordered mediation had succeeded for the remaining parties and that they had reached agreement on all issues.
The court instructed the parties to file their completed settlement agreement and a joint letter addressing whether the agreement was fair by April 14, 2023. The court said it would review the agreement under the Fair Labor Standards Act and Second Circuit law.
Judge Katherine Polk Failla terminated all pending motions and postponed all remaining dates while awaiting the settlement materials. The order did not itself approve the settlement.
The detailed version
- Martinez v. La Maria Pizzeria Corp. · No. 1:22-cv-04578
- Katherine Failla
- Mar. 15, 2023
Background
David Martinez brought the case individually and on behalf of others similarly situated against 1455 Nepperhan Rest Corp., doing business as Bella Rosa Pizzeria, and Albert Tranquillo and Laurie Tranquillo. The opinion states that the court-ordered mediation was successful as to the remaining parties and that an agreement had been reached on all issues.
Court’s action
The court instructed the parties to file their completed settlement agreement and a joint letter concerning the agreement’s fairness by April 14, 2023. The court stated that it would review the settlement under the Fair Labor Standards Act and Second Circuit law, citing Cheeks v. Freeport Pancake House. The order did not state that the court had approved the settlement.
The Clerk of Court was directed to terminate all pending motions and postpone all remaining dates. The order did not decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.