Macaluso v. JZJ Services, LLCet al

MIRER MAZZOCCHI & JULIEN, PLLC ATTORNEYS AT LAW WHITEHALL STREET NEW YORK, NEW YORK 10004 JEANNE MIRER TELEPHONE: (212) 231-2235 RIA JULIEN KRISTINA MAZZOCCHI FACSIMILE: (212) 409-8338

August 11, 2020 Via ECF Hon. Judge Ronnie Abrams, USDJ Thurgood Marshall United States Courthouse Foley Square New York, NY 10007 (212) 805-0284 Re: Macaluso v JZJ Services, LLC, 20-cv-1407 (RA) Letter Motion To Adjourn Deadline to Submit Answer/ Proposed Settlement Agreement and Cheeks Letter Dear Hon. Judge Abrams: Plaintiff hereby submits this letter motion, jointly with Defendants, seeking leave to adjourn the deadline to answer, nunc pro tunc. While the Court required an answer be served on or before July 25, 2020, (Dkt. 18) the parties have over the last two months engaged in intensive negotiations and informal exchange of discovery. Yesterday the parties reached an agreement in principal to resolve Plaintiff’s claims and they anticipate finalizing a proposed settlement agreement and fairness letter pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 200 (2d Cir. 2015) within one week, by next Friday, August 21, 2020.

Accordingly, the parties request the Court extend the deadline to file an answer July 25, 2020 to August 21, 2020, nunc pro tunc. Good cause for such adjournment is found in the parties’ successful efforts to resolve this matter. This is the third request to extend the deadline to answer, such answer having been originally due on May 9, 2020 (Dkt. 14) and the parties having twice previously entered such stipulations (Dkt. # 16 and 18) during ongoing negotiations and informal discovery.

We thank the Court for its consideration.

Respectfully submitted, /s/Jodi Jaffe /s/_ Ria Julien Jodi J, Jaffe, Esquire Ria Julien jjaffe@ jaffeglenn.com Mirer Mazzocchi & Julien, PLLC Jaffe Glenn Law Group, P.A. 1 Whitehall St., 16" floor N. Harrison St., Suite 9F, #306 New York, NY 10004 Princeton, NJ 08540 Telephone: (212) 231-2235 Telephone: (201) 687-9977 Email: [email protected] Attorneys for Defendants Attorneys for Plaintiffs Application granted.

SO ORDERED.

J ——__ Hon. Ronnie Abrams 8/12/2020