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S.D.N.Y.Procedural orderFiled Mar. 15, 2023

Gutierrez Calixto v. M & M Fruit Inc.

Judge
Lorna Schofield
Docket
1:22-cv-07471
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureContract
In one sentence

Gutierrez Calixto v. M & M Fruit Inc.: Judge Schofield ordered settlement papers and canceled the conferences and trial.

Who this affects

The parties to the case were required to submit the settlement agreement and supporting joint letter by April 5, 2023; all conferences and the trial were canceled.

What happened

In Gutierrez Calixto v. M & M Fruit Inc., the court was informed that the parties had reached a settlement agreement in principle.

The court ordered the parties to submit the settlement agreement and a joint letter with supporting evidence by April 5, 2023. The letter must address why the proposed settlement is fair and reasonable.

Judge Lorna G. Schofield also canceled all conferences and the trial. The order does not state the settlement’s terms or finally approve it.

The detailed version

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

Case
Gutierrez Calixto v. M & M Fruit Inc. · No. 1:22-cv-07471
Judge
Lorna Schofield
Date
Mar. 15, 2023

Background

On March 14, 2023, the court was informed that the parties had reached a settlement agreement in principle. The opinion does not provide the settlement’s terms or describe the claims.

Order

The court ordered the parties to submit the settlement agreement by April 5, 2023. They also had to submit a joint letter with supporting evidence addressing the findings the court must make before approving the settlement as fair and reasonable. The court cited Cheeks v. Freeport Pancake House, Inc. and Wolinsky v. Scholastic Inc. for the required fairness review.

The court further ordered that all conferences and the trial were canceled. The order does not state that the settlement was finally approved.

Effect

This was a procedural order concerning the parties’ proposed settlement and case schedule. It required additional submissions for the court’s fairness review and canceled the remaining conferences and trial.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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