Michael Faillace & Associates, P.C. Employment and Litigation Attorneys 60 East 42™ St. Telephone: (212) 317-1200 New York, New York 10165 Facsimile: (212) 317-1620

June 11, 2021 BY ECF & ELECTRONIC MAIL Honorable Katherine Polk Failla United States District Judge United States District Court Southern District of New York 40 Foley Square New York, NY 10007 Re: = Suy, et al. v. Excel Food Corp., et _al., 18 Civ. 12103 (KPF) Your Honor: This firm represents Plaintiff in the above-referenced matter. The parties will be resolving this case through a Rule 68 Offer of Judgment (the “Offer”) pursuant to Mei Xing Yu v. Hasaki Rest., Inc.,

(2d Cir. 2019). However, the parties need a bit more time to finalize their materials and submit the Offer to the Court. As such, the parties respectfully request that the deadline to submit settlement materials to the Court by June 14, 2021 be converted to a deadline to submit the Offer, and be extended by three weeks. This is the first request of its kind and 1s submitted on consent. The parties thank the Court for its time and attention to this matter. Respectfully Submitted, /s/ _ Jesse Barton, Esq. Michael Faillace & Associates, P.C. Attorneys for Plaintiff Application GRANTED. The parties shall file the proposed Rule 68 Judgment on or before July 6, 2021.

SO ORDERED. Dated: June 11, 2021 New York, New York Xi Ih / Kil HON. KATHERINE POLK FAILLA UNITED STATES DISTRICT JUDGE Certified as a minority-owned business in the State of New York