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S.D.N.Y.Procedural orderFiled Aug. 18, 2023

Sapon Baquiax v. Abasushi Fusion Cuisine Inc.

Judge
Andrew Carter
Docket
1:16-cv-02997-ALC
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Sapon Baquiax v. Abasushi, Judge Carter directed the parties to submit their proposed settlement and a fairness memorandum.

Who this affects

The plaintiffs, Tomas Benjamin Sapon Baquiax and Santos Pubaquiax, and the defendants, Abasushi Fusion Cuisine Inc. doing business as Aba Asian Fusion Cuisine, Liang He Xie, and Liang Ping Xie, were directed to submit the proposed settlement materials.

What happened

In Sapon Baquiax v. Abasushi Fusion Cuisine Inc., the court was told that the parties had reached a settlement.

The court directed the parties to file their proposed settlement, a joint memorandum of law of no more than 10 pages, and supporting materials. The memorandum must explain why the settlement is fair and reasonable and does not raise concerns identified by the Second Circuit in Cheeks v. Freeport Pancake House, Inc.

Judge Andrew L. Carter, Jr. ordered the materials filed by September 18, 2023. The order did not state that the court had approved the settlement.

The detailed version

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

Case
Sapon Baquiax v. Abasushi Fusion Cuisine Inc. · No. 1:16-cv-02997-ALC
Judge
Andrew Carter
Date
Aug. 18, 2023

Background

The court stated that it had been informed that the parties reached a settlement. The opinion does not describe the claims, the settlement's terms, or the parties' positions on the underlying dispute.

Court's Order

The court directed the parties to submit three categories of materials by September 18, 2023: (1) their proposed settlement; (2) a joint memorandum of law no longer than 10 pages; and (3) supporting materials. The memorandum must explain why the proposed settlement is fair and reasonable and why it does not raise any concerns identified by the Second Circuit in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015).

Result

The court ordered the parties to submit the settlement materials. The opinion does not say that the court approved or rejected the settlement, and it does not state any final disposition of the case.

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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