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S.D.N.Y.Procedural orderFiled Mar. 5, 2024

Garcia v. Qanoon, Corp

Judge
James Cott
Docket
1:23-cv-07628
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContract
In one sentence

In Garcia v. Qanoon, Judge Cott ordered the parties to file settlement documents for court approval.

Who this affects

Ubaldo Garcia and the defendants, who were directed to submit a joint settlement-approval request and signed settlement agreement.

What happened

In Garcia v. Qanoon, the parties reached a settlement in principle after a settlement conference. They also agreed to let Magistrate Judge James L. Cott review the settlement terms.

Judge Cott ordered the parties to file a joint request and their signed settlement agreement by April 4, 2024. Their request must explain why the settlement is fair and reasonable and complies with governing Second Circuit requirements.

The order did not approve the settlement. Judge Cott issued the filing directive on March 5, 2024, and said the parties’ consent form would be sent to Judge Schofield.

The detailed version

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

Case
Garcia v. Qanoon, Corp · No. 1:23-cv-07628
Judge
James Cott
Date
Mar. 5, 2024

Background The parties appeared before United States Magistrate Judge James L. Cott for a settlement conference and reached a settlement in principle. The opinion does not identify the underlying claims or describe the proposed settlement’s terms.

The parties agreed to consent to Judge Cott’s jurisdiction under 28 U.S.C. § 636(c) so that he could review the settlement agreement based on his familiarity with its terms. They submitted a consent form that Judge Cott said he would pass along to Judge Schofield.

Order Judge Cott ordered the parties to file a joint letter motion and their fully executed settlement agreement no later than April 4, 2024, requesting court approval. The letter motion must explain why the proposed settlement is fair and reasonable and otherwise complies with the Second Circuit’s decision in Cheeks v. Freeport Pancake House, Inc.

The order also directed the parties to review several prior decisions addressing settlement provisions involving confidentiality, public discussion, reemployment, releases, and non-disparagement. It identified two recently approved settlements as additional guidance.

Disposition The court directed the parties to submit settlement-approval materials. It did not approve or reject the settlement in this order. Judge Cott signed the order on March 5, 2024.

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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