Morel v. WHP Mezz Borrower LLC.

CLIFTON BUDD & DEJMARIA, LLP ATTORNEYS AT LAW EMPIRE STATE BUILDING TEL 212.687.7410 FIFTH AVENUE, 61ST FLOOR FAX 212.687.3285 New York, NY 10118 WWW.CBDM.COM October 21, 2022 VIA ECF Application GRANTED. The deadline for the parties to submit th Honorable Lorna D. Schofield, U.S.DJ.settlement agreement to the Court for approval pursuant to Che United States District Court extended to October 28, 2022.

Southern District of New York Pearl Street Dated: October 24, 2022 New York, NY 10007 New York, New York .

LORNA G. SCHOFIEL’ Re: Rodolfo Morel v. WHP Mezz Borrower LLC, et al., UNITED STATES DISTRICT JUDGE Case No. 1:22-cv-002267 (LGS) Dear Judge Schofield: This firm represents defendants WHP Mezz Borrower LLC, Nieuw Amsterdam Property Management, LLC and Brad Hersh (the “Defendants”) in the above-referenced action.

Pursuant to Sections IV.A.2 of Your Honor’s Individual Rules and Procedures for Civil Cases, we write jointly with counsel for Plaintiff to seek a one-week extension of the deadline for the parties to file their settlement agreement and joint submissions with the Court for fairness review pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015), cert. denied, 136 S. Ct. 824 (2016). We respectfully request that the deadline be extended from today, Friday, October 21, through and including Friday, October 28.

This is the first request for an extension of the submission deadline, directed by this Court in an Order entered September 26. See Dkt. No. 29. No other dates or deadlines would be affected by the request.

Subsequent to final negotiations concerning settlement language this week, Defendants are currently reviewing draft paperwork that would memorialize and give effect to the parties’ agreement. While counsel for both parties expect that the settlement paperwork will be approved in its current form and quickly executed, as of this writing Defendants’ counsel has not yet received approval as to the final proposed language.

We thank the Court for its consideration of this request.

Respectfully Submitted, CLIFTON BUDD & DEMARIA, LLP Sila cy By: Stephen P. Pischl Hon. Lorna D. Schofield, U.S.D.J.

October 21, 2022 Page 2 cc: VIA ECF FISHER TAUBENFELD LLP Attorneys for the Plaintiff