ROBERT WISNIEWSKI P.C. 40 WALL STREET, SUITE 2833 • NEW YORK, NY 10005 ATTORNEYS-AT-LAW TEL: (212) 267-2101 • FAX: (646) 512-5604 W EBSITE: www.rwapc.com November 22, 2019 Hon. Katherine Polk Failla, USDJ United States District Court for the Southern District of New York MEMO ENDORSED 40 Foley Square New York, New York 10007 VIA ECF Re: Williams et al v. Movage, Inc. et al Docket No.: 17-cv-02628-KPF Dear Judge Failla, I am co-counsel for Plaintiffs in the above-captioned action. I write respectfully to advise you on the settlement of attorney fees and costs in the above matter and to request an extension of time for the parties to submit the text of the proposed judgment and for Plaintiffs’ counsel to file a Cheeks motion from today to Monday, December 2, 2019. Earlier today, Defense counsel was asked to consent by my co-counsel, but has not responded. I have no reason to believe, however, that he would have opposed this application. By way of a status report, counsel for the parties agreed yesterday afternoon on the amount of $60,000 in attorney fees and costs after week-long negotiations which were the epitome of hard fought, arm’s length negotiations, and which involved Defense counsel’s use of fractal analytics and logarithmic equations to discover potential patterns of overbilling by Plaintiffs’ counsel. Arm’s length negotiations are one of the factors that courts are supposed to consider in their approval of wage and hour settlements and attorney fees. See, generally, Wolinsky v. Scholastic Inc.,

(S.D.N.Y. 2012). In arriving at a settlement on the amount of attorney fees and costs in this collective action under the Fair Labor Standars Act, negotiated after Plaintiffs had accepted Defendants’ offer of judgment, we conserved substantial judicial resources and avoided considerable delay in payments to Plaintiffs, which could have involved not only objections to the magistrate judge’s report and recommendation but also, potentially, an appeal to the 2nd Circuit. Whilst negotiating with Defense counsel, we were gearing up for full-bore litigation on attorney fees and costs, and now must switch gears and prepare a judgment which takes into account Plaintiffs’ participation in the judgment on a pro rata basis and a division of attorney fee between me and my co-counsel as well as a Cheeks motion, which requires a somewhat different approach than a fully-briefed motion for fees and costs. This will require still further negotiations with opposing counsel on the text of the proposed judgment and of the Cheeks motion. In seeking this Court’s indulgence, we are also mindful of the Thanksgiving holiday next week, and consequently, a shortened week. Consequently, we respectfully request that Your Honor grant an extension of time for the parties to submit a proposed judgment and for Plaintiffs’ counsel to submit a Cheeks motion from today to December 2, 2019. Thank you for your attention to the foregoing. Respectfully submitted, /s/Robert Wisniewski Robert Wisniewski ce: (via ECF) Joshua Lurie Eugene Strupinsky Counsel for Defendants

Application GRANTED. The parties hereby have until December 2, 2019, file a proposed judgment and Cheeks motion with the Court. Dated: November 25, 2019 SO ORDERED. New York, New York Kithorn Palle beth HON. KATHERINE POLK FAILLA UNITED STATES DISTRICT JUDGE