FILED VERLVEIW Lip OlULp FILED: 82472021 William Cafaro, Esq. FI CES OF Louis M. Leon, Esq. ADMITTED IN NY, CA, MD & TX I IAM CAFARO ADMITTED IN'NY Email: [email protected] Email: [email protected] Amit Kumar, Esq. 108 West 39" Street, Suite 602 Matthew S. Blum, Esq. Managing Attorney New York, New York 10018 Of Counsel ADMITTED IN NY & NJ Telephone: 212.583.7400 ADMITTED IN NY Email: [email protected] Facsimile: 212.583.7401 Email: [email protected] www.cajaroesg.com Andrew S. Buzin, Esq. Of Counsel ADMITTED IN NY, FL & DC August 24, 2021 Via Electronic Case Filing Hon. Valerie E. Caproni United States District Court Southern District of New York 40 Foley Square New York, New York 10007 Re: Ramirez v. 400 West 23rd Street Restaurant Corp. et al. Case No.: 1:19-cev-10571 (VEC) Your Honor: This firm represents the Plaintiff in the above-referenced wage and hour matter against Defendants. We write, jointly with Defendants, to update the Court on the status of settlement and to request an adjournment of the status conference currently scheduled for August 27, 2021. Based upon Mei Xing Yu v. Hasaki Rest., Inc.,

(2d Cir. 2019), the parties do not intend to submit a settlement agreement requesting Court approval and instead will resolve this case via a Rule 68 offer of judgment to Plaintiff. The Court is respectfully referred to Malea v. Six Ten Mgmt. Corp., No. 19-CV-6346 (VSB),

(S.D.N.Y. Mar. 2, 2021), wherein parties reported a settlement to the Court, the Court then directed submission of a Cheeks application, and the parties subsequently filed an accepted Rule 68 offer instead; see also, Torres v. Realty Mgmt., 2020 US. Dist. LEXIS 36735 (S.D.N.Y. Mar. 2, 2020), Espindola v. Pizza Stop Corp., No. 19-cv-1026 (VSB),

(S.D.N.Y. Jan. 14, 2021), and Dellamedaglia v. Zemak LLC, No. 20-cv-6753 (VSB),

(S.D.N.Y. Jan. 25, 2021), all of which held that Mei Xing Yu had set down a bright line rule. In light of the parties’ intended course of action as to settlement and the fact that counsel for the parties are out on a prescheduled vacation on August 27, 2021, we ask that the Court adjourn the status conference to September 17, 2021, giving the parties enough time to finalize the settlement agreement (not subject to Cheeks review) related to the offer of judgment in this case. We thank the Court for its attention and consideration to this request. Respectfully Submitted, /s/ Louis M. Leon, Esq.

Application GRANTED. The status conference currently scheduled for Friday, August 27, 2021 at 10:00 A.M. is hereby adjourned to Friday, September 17, 2021 at 11:00 A.M. All parties and any interested members of the public must attend by dialing 1-888-363-4749, using the access code 3121171, and the security code 0571. All attendees are advised to mute their phones when not speaking and to self-identify each time they speak. Recording or rebroadcasting the proceeding 1s strictly prohibited by law. SO ORDERED.

Date: August 24, 2021 HON. VALERIE CAPRONI UNITED STATES DISTRICT JUDGE