UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SEYMOUR JONES, and KENNETH ROSE,

Plaintiffs,

-v- CIVIL ACTION NO.: 19 Civ. 10043 (SLC)

ORDER TO SUBMIT SETTLEMENT NYC CRANE HOIST & RIGGING, LLC., and THOMAS MATERIALS AND CONCERNING AURINGER, SCHEDULING

Defendants.

SARAH L. CAVE, United States Magistrate Judge. The parties' application to adjourn all outstanding deadlines sine die in light of their agreement to settle (ECF No. 22) is GRANTED. The Telephone Conference previously scheduled for Wednesday, October 28, 2020 at 3:30 pm is adjourned sine die. This case contains one or more claims arising under the Fair Labor Standards Act. In light of the requirements of Cheeks v. Freeport Pancake House, Inc.,

(2d Cir. 2015), the parties must file a joint Letter-Motion that addresses whether the settlement is fair and reasonable. The parties must file their Letter-Motion by Tuesday, October 27, 2020 and should address the claims and defenses, the defendants’ potential monetary exposure and the bases for any such calculations, the strengths and weaknesses of the plaintiffs’ case and the defendants’ defenses, any other factors that justify the discrepancy between the potential value of plaintiffs’ claims and the settlement amount, the litigation and negotiation process, as well as any other 1 issues that might be pertinent to the question of whether the settlement is reasonable (for example, the collectability of any judgment if the case went to trial). The joint Letter-Motion should also explain the attorney fee arrangement, attach a copy of any retainer agreement, and provide information as to actual attorneys’ fees expended. Finally, a copy of the settlement agreement itself must accompany the joint Letter-Motion.

Dated: New York, New York October 13, 2020 SO ORDERED

AMG ith SARAH L. CAV United States Magistrate Judge