Opinion
20-CV-1015 (PAE) (JLC)
09-22-2020
EDWIN JESUS PENA, Plaintiff, v. TOP CONCOURSE ELECTRONICS, INC., and DAVID ZANDI, Defendants.
ORDER JAMES L. COTT, United States Magistrate Judge.
WHEREAS, the parties participated in a mediation with the Court's Mediation Program and the mediator has now reported that the parties reached a settlement in principle (Dkt. No. 19);
IT IS HEREBY ORDERED that, given the reported settlement, all discovery deadlines are hereby stayed.
IT IS HEREBY FURTHER ORDERED that the parties are directed to file a joint letter motion along with their settlement agreement no later than October 22, 2020 to request court approval. The letter motion should 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., 796 F.3d 199 (2d Cir. 2015).
If the parties wish to have me review the settlement, they must file a consent form pursuant to 28 U.S.C. 636(c) (such a form is available on the SDNY website) by October 22 (along with their settlement papers). Otherwise, the parties are directed to submit their settlement papers to Judge Engelmayer, the assigned district judge.
If they consent to my jurisdiction, the parties are directed to my rulings in Cruz v. Relay Delivery, Inc., 17-CV-7475 (JLC), 2018 WL 4203720 (S.D.N.Y. Sept. 4, 2018) (no reemployment provision impermissible and provision related to communication with media should not be overly restrictive); Rivera v. Relay Delivery, Inc., 17-CV-5012 (JLC), 2018 WL 1989618 (S.D.N.Y. Apr. 26, 2018) (release that was broader and thus more favorable to defendants than plaintiff's narrower release was impermissible): Howard v. Don Coleman Advertising, Inc., 16-CV-5060 (JLC), 2017 WL 773695 (S.D.N.Y. Feb. 28, 2017) (any mutual non-disparagement provision must include carve-out for truthfulness); and Souza v. 65 St. Marks Bistro, 15-CV-327 (JLC), 2015 WL 7271747 (S.D.N.Y. Nov. 6, 2015) (regarding impermissible confidentiality provisions and the proper scope of mutual general releases), for further guidance as to permissible and impermissible terms.
For recent settlement papers that I have approved, the parties are directed to the following cases, as examples: Rodriguez v. Emenike, No. 18-CV-5786 (Dkt. Nos. 36, 38 (settlement agreement); Dkt. No. 37 (court approval order)); Yahuiti v. L Ray LLC, No. 19-CV-1114 (Dkt. No. 24 (settlement agreement); Dkt. No. 25 (court approval order)); De Luna Hernandez v. City Catering, No. 18-CV-3919 (Dkt. No. 49 (settlement agreement); Dkt. No. 50 (court approval order)); and Sanchez v. New York Kimchi Catering Corp., No. 16-7784 (Dkt. No. 98 (settlement agreement) and Dkt. No. 99 (court approval order). --------
SO ORDERED. Dated: September 22, 2020
New York, New York
/s/_________
JAMES L. COTT
United States Magistrate Judge