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S.D.N.Y.Procedural orderFiled May 31, 2023

Rossete v. Hong Kong Kitchen Inc.

Judge
Stewart Aaron
Docket
1:22-cv-03049
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureFlsa
In one sentence

In Rossete v. Hong Kong Kitchen, Judge Aaron granted the parties’ request for more time to submit their proposed settlement materials.

Who this affects

The plaintiffs and defendants in this FLSA action, who received additional time to file their proposed settlement materials.

What happened

Rossete et al. v. Hong Kong Kitchen (USA) Inc. et al. is an employment case in which the parties jointly asked for more time to file a proposed settlement agreement and a request for court approval. The parties said they needed additional time to finish reviewing and signing the agreement.

The parties had been directed to file materials addressing whether the settlement was fair and reasonable by May 31, 2023. They proposed June 14, 2023, as the new filing date and said the request would not affect other deadlines.

Judge Stewart D. Aaron granted the application. The order extended the time requested by the parties; it did not approve or reject the settlement itself.

The detailed version

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

Case
Rossete v. Hong Kong Kitchen Inc. · No. 1:22-cv-03049
Judge
Stewart Aaron
Date
May 31, 2023

Background

The plaintiffs’ counsel submitted a joint letter motion with counsel for the defendants in this Fair Labor Standards Act (FLSA) action. The parties asked for additional time to file their proposed settlement agreement and a motion asking the court to approve it. The letter states that the court had directed the parties to file materials addressing whether the settlement was fair and reasonable by May 31, 2023.

The parties said plaintiffs’ counsel had circulated a proposed settlement on May 18, 2023, but was still awaiting review by defense counsel. They represented that approximately two additional weeks would be sufficient and proposed June 14, 2023, as the filing date. They also stated that all defendants’ counsel consented to the request, that it was the parties’ first such request, and that the extension would not affect other dates or deadlines.

Ruling

Judge Stewart D. Aaron marked the application “GRANTED” and entered the order on May 31, 2023. The order granted the requested extension. It did not decide whether the settlement was fair and reasonable and did not approve or reject the proposed settlement agreement.

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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