Cuizon v. George & Frank's Japanese Noodle Rest. Inc.

USDC SDNY UNITED STATES DISTRICT COURT goneiin SOUTHERN DISTRICT OF NEW YORK see ee DATE FILED:_ 8/17/2020 lan Cuizon, et al., Plaintiffs, 18-cv-549 (AJN) —y— ORDER George & Frank’s Japanese Noodle Restaurant, et al.

Defendants.

ALISON J. NATHAN, District Judge: The parties in this FLSA action have filed a settlement agreement and joint letter pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). See Dkt.

No. 27. In that joint letter, the parties reference “Exhibit B” as containing a damages calculation, and “Exhibit C” as containing Plaintiff counsel’s billing records. Neither exhibit, however, was attached to the parties’ filing. See id. On July 30, 2020, the Court ordered the parties “to submit these exhibits for the Court’s review no later than August 7, 2020.” Dkt. No. 31. As of this date, the Court is not in receipt of the two exhibits. The parties must submit them no later than August 21, 2020. Plaintiffs are warned that failure to strictly comply with the Court’s deadline may result in dismissal of this action for failure to prosecute. See United States ex rel. Drake v. Norden Systems, 375 F.3d 248, 250 (2d Cir. 2004) (noting "a district judge's authority to dismiss actions based on a plaintiff's failure to prosecute").

SO ORDERED.

Dated: August 12, 2020 A | ho New York, New York « ALISON J. NATHAN United States District Judge