Opinion
1:22-cv-00129-VEC
06-16-2022
YENSY CONTRERAS, Individually, and On Behalf of All Others Similarly Situated, Plaintiff, v. SIMPLY FRAMED, L.L.C., Defendant.
MIZRAHI KROUB LLP EDWARD Y. KROUB, JARRETT S. CHARO WILLIAM J. DOWNES Attorneys for Plaintiff
MIZRAHI KROUB LLP EDWARD Y. KROUB, JARRETT S. CHARO WILLIAM J. DOWNES Attorneys for Plaintiff
NOTICE OF SETTLEMENT
HON. VALERIE CAPRONI, UNITED STATES DISTRICT JUDGE
Plaintiff Yensy Contreras (“Plaintiff”) hereby notifies the Court that the present case has settled between Plaintiff and defendant Simply Framed, L.L.C. (“Defendant”) (collectively, the “parties”), and states as follows:
1. A settlement agreement is in the process of being finalized between the parties. Once the settlement agreement is fully executed, and Plaintiff has received the consideration required, the parties will respectfully request that the case be dismissed and closed.
2. The parties respectfully request that the Court stay this action and adjourn all deadlines and conferences.
Application GRANTED.
IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are CANCELLED.
IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. The Clerk is further directed to amend the case caption to delete the language “on behalf of all others similarly situated” after the individual Plaintiff's name, as this dismissal is operative only as between individual Plaintiff Yensy Contreras and Defendant Simply Framed, LLC.
Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the parties' settlement. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis.
Additionally, if the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, they must submit within the same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 7.A of the Court's Individual Practices and (2) a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015).
SO ORDERED.