Trinidad v. 62 Realty, LLC

LAKE SSUUCICTEES 3SW, N8 Y 11042 _________ TELEPHONE (516) 328-8899 FACSIMILE (516) 328-0082 December 29, 2022 VIA ECF United States District Court Southern District of New York MEMORANDUM ENDORSED Attn: Hon. Gabriel W. Gorenstein, U.S.M.J.

500 Pearl Street, Courtroom 6B New York, NY 10007-1312 Re: Trinidad, et al. v. 62 Realty, LLC, et al.

Case No.: 1:22-cv-101 (JLR) (GWG) MLLG File No.: 149-2022____________ Dear Judge Gorenstein: This firm represents the Defendants in the above-referenced case together with Smikun Law, PLLC. Defendants write jointly with Plaintiffs to respectfully request, nunc pro tunc, a three- week extension (i.e from December 28, 2022 to January 18, 2023) of the time period for submitting their anticipated joint letter motion for settlement approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F. 3d 199 (2d Cir. 2015). The parties also request a three-week extension of each date in the Court-Ordered briefing schedule for Plaintiffs’ attorneys’ fees application. See ECF Docket Entry 85.

Pursuant to this ¶ 1(E) of this Court’s Individual Practices, the parties respectfully submit that: (i) the date sought to be extended on the joint letter motion for settlement approval is December 28, 2022 as set forth in the Hon. Jennifer L. Rochon, U.S.D.J.’s Order dated December 15, 2022. See ECF Docket Entry 85. The new, proposed date is January 18, 2022. The current and proposed briefing schedules for Plaintiff’s anticipated fee application is as follows: (i) currently, December 29, 2022 for plaintiffs to file their motion for legal fees and costs; proposed new date: January 19, 2023; (ii) currently, January 20, 2023 for Defendants’ opposition papers; proposed new date: February 10, 2023; and (iii) currently, February 3, 2023 for Plaintiffs’ reply papers in further support; proposed new date: February 24, 2023. Plaintiffs were also due to provide Defendants with a copy of their “history bill” no later than December 20, 2022. The parties propose an extension to January 10, 2022.1 (ii-iii) there have been no previous requests to extend these deadlines; 1Defendants reserve all rights to challenge Plaintiffs’ counsel’s time records, as they are entitled to accurate and contemporaneous time records. negotiate the terms of a full written settlement agreement and the holidays have otherwise impeded on the parties’ ability to do the same and comply with the fee application deadlines; (v)this is a joint request and, as such, all parties consent; and (vi)this request does not affect any other scheduled deadlines and/or appearances.

Accordingly, good cause exists to extend the deadline for the parties to submit the joint letter motion for settlement approval and extend the fee application briefing schedule as set forth above.

See Fed. R. Civ. P. 6(b)(1)(A). The parties thank this Court for its time and attention to this case.

Dated: Lake Success, New York December 29, 2022 Respectfully submitted, MILMAN LABUDA LAW GROUP PLLC _______/s____________________________ Emanuel Kataev, Esq.

3000 Marcus Avenue, Suite 3W8 Lake Success, NY 11042-1073 (516)328-8899 (office) (516)303-1395 (direct dial) (516)328-0082 (facsimile) [email protected] Dated: Fresh Meadows, New York December 29, 2022 SMIKUN LAW, PLLC __/s Alan Smikun, Esq.______________ Alan Smikun, Esq.

17625 Union Turnpike, Suite 402 Fresh Meadows, NY 11365-1515 (718)928-8820 (office) [email protected] Attorneys for Defendants VIA ECF Rapaport Law Firm, PLLC Attn: Marc Andrew Rapaport, Esq.

80 Eighth Avenue, Suite 206 New York, NY 10011-5100 (212)382-1600 (office) (212)382-0920 (facsimile) [email protected] shall address the claims and defenses 1n the cases; 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; and any other 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 deadline for the application for attorney’s fees is extended to January 19, 2023. Briefing thereafter shall be in accordance with paragraph 2.B of the Court’s Individual Practices.

The deadline to submit the consent form is extended to January 13, 2023. Ifthe parties have not agreed to consent to have the undersigned disposed of either or both motions, they shall file a joint letter by that date so stating (without revealing which party or parties did not consent).

So Ordered. duel United States Magistrate Judge December 29, 2022