Fernandez Estevez v. Kings Finest Deli Inc.
- Lewis Liman
- 1:22-cv-07376
- U.S. District Court · Southern District of New York
- 2
In Fernandez Estevez v. Kings Finest Deli, Judge Liman approved the amended settlement and fees, then dismissed the action without prejudice to timely restoration.
The plaintiff, the defendants, the plaintiff’s counsel regarding fees and costs, and anyone involved in the pending motions, conferences, or deadlines.
What happened
Fernandez Estevez v. Kings Finest Deli involved a proposed settlement in an action brought by Rigoberto Emmanuel Fernandez Estevez individually and on behalf of others similarly situated. The court held a settlement hearing on October 30, 2023.
The court found the amended settlement agreement fair and reasonable. It also approved the plaintiff’s counsel’s request for attorneys’ fees and costs.
Judge Liman dismissed the action without costs and without prejudice to restoring it to the court’s calendar, if an application is made within 30 days. Pending motions were dismissed as moot, and all conferences and deadlines were cancelled.
The detailed version
- Fernandez Estevez v. Kings Finest Deli Inc. · No. 1:22-cv-07376
- Lewis Liman
- Nov. 6, 2023
Background
Rigoberto Emmanuel Fernandez Estevez brought the action individually and on behalf of others similarly situated. The court held a hearing on the proposed settlement on October 30, 2023. The parties submitted an amended settlement agreement on November 1, 2023.
Court’s Analysis
For the reasons stated at the hearing, the court found that the amended settlement agreement was fair and reasonable. The court also approved the request by the plaintiff’s counsel for attorneys’ fees and costs.
Disposition
The court ordered that the action be dismissed without costs and without prejudice to restoring it to the court’s calendar, provided an application to restore the action is made within 30 days of the order. The court stated that an application to reopen filed more than 30 days after the order may be denied solely for that reason. Any pending motions were dismissed as moot, and all conferences and deadlines were cancelled.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.